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Cameron calls for tax-bill mercy to save firms from going under



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Published Date: 15 October 2008
ONE of the country's most prominent business leaders last night warned that the heavy-handed pursuit of debt by the tax authorities could force credit-crunch-hit companies out of business.
Liz Cameron, chief executive of the Scottish Chambers of Commerce, made an impassioned plea to local and central government to understand the problems faced by firms battling to survive the economic slowdown.

And last night Cameron's call appeared to fall on sympathetic ears as HM Revenue & Customs (HMRC) promised to look sympathetically on firms that came to them with problems.

Cameron spoke out on the eve of the publication today of the Chambers' latest quarterly survey of business confidence, which found "clear evidence of a looming recession" in Scotland.

Cameron said the challenge for both businesses and governments was to ensure that the downturn was "as brief and shallow as possible".

But her main focus was on HMRC, which collects income and corporation tax and VAT.

She warned: "We do not want to see government departments putting businesses out of business.

"In the current climate it is likely that businesses might perhaps miss their VAT payments or fall behind in payments.

"They might also have difficulty with their income and corporation tax payments.

"What we are saying is that we would like tax officials to understand the constraints that businesses are under and not to be heavy-handed in their dealings with them."

Cameron demanded a speeding up of the planning system, which she said was stymying businesses. And she called on government and local councils to take a more flexible approach to the awarding of contracts to local businesses.

Last night a spokesman for HMRC in Scotland said: "Any company with a problem should get in touch with us as soon as they get into difficulties.

"We like people to pay on time, and the amount due … but we always look to see if we can help a company trade through a problem so it can eventually pay us what it is due.

"As long as there is a plan for payment, it is not in the taxpayer's interest for us to put a company which can pay its way out of business."

According to the Chambers survey business confidence continued at record weak levels.

It found that 52 per cent of manufacturing, 62 per cent of tourism, 65 per cent of retail and 74 per cent of construction respondents reported being less confident than at the end of June.

The survey showed that trading conditions had been difficult for several quarters in manufacturing, construction, retail and tourism.

In manufacturing and construction the proportion of businesses reporting weakening trends in total orders has risen each quarter since the end of 2007, the survey said.

In construction the declining levels of domestic and private commercial activity had contributed to the proportions reporting declining trends in the levels of new contracts.

The net trends in "work in progress" were the weakest recorded in the history of the survey.

And in the service sector the proportion of retail respondents reporting weakening sales trends has increased each quarter since the last quarter of 2007.

The full article contains 534 words and appears in The Scotsman newspaper.
Page 1 of 1

  • Last Updated: 14 October 2008 8:54 PM
  • Source: The Scotsman
  • Location: Edinburgh
  • Related Topics: Scotland's economy
 
1

bumpkin,

15/10/2008 14:26:27
Gordon Brown is responsible for this, he brought forward payment dates, and is doing it again this year, bringing forward the deadline from jan 31 to oct 31. You have to pay the tax before you have made the profit.
The payment office is still in the stone age as they wont take a credit card, frequently the only source of cash in a crisis.
2

Active Sassenach,

Luton, England 15/10/2008 16:51:31
Comments like those made by Liz Cameron always annoy me. They are the business equivalent of claiming social security benefits to which you are not entitled - except that in the case of business they steal many times as much. VAT, PAYE and National Insurance are levied against staff and customers and never belong to the business. They are in trust for the Crown. I do not pay my taxes to go down a black hole and I expect them to serve the purpose for which I paid them.

VAT is paid on my car servicing bill when my car is serviced. The garage hands it over to HMRC up to 3 months later during which time it has the benefit of interest on it. Collecting VAT and failing to hand it over is a serious crime. What is wrong is that there is no formal recognition of the true cost to the business which has to pay staff to handle collection and payment. It would be better if businesses were given a fee so they collected the 100% nominal liability and took their costs out of handing over say 95% of it. In these economic conditions they could be given a bigger discount. The Crown only calculates the cost of tax collection with regard to the cost of HMRC when it should calculate the full cost to the economy of collecting it including at source in private businesses.

National Insurance Contributions and PAYE are levied from staff wages. Not paying it over could deny unemployment benefit and redundancy payments to the staff when the business goes broke. This is not a victimless crime and HMRC should pursue all tax liabilities outstanding. Again a collection fee should be allowed.
3

And180yO,

15/10/2008 19:47:17
*Active Sassenach".. I do not pay my taxes to go down a black hole.........................."

Which they will be if companies are forced to the wall?

As poster 1 said they need to make it easy to pay and perhaps set-up a department that "micro manages" those with difficulties perhaps even collecting weekly payments to reduce the debt and help companies through their difficulties to survival.

At present, inspite of all the claims otherwise, it is very difficult for a company to re-structure and almost impossible after a winding up petition (68% of which in England and Wales are presented by HMRC)to survive.

I know of a company being persued for a £50k tax debt which has resulted in the presenting of a winding up petition. (Correspondence from tax folks was sent to a disused English registered office so the company was unaware till it was advertised) The company employs 15 folks who will obviously be out of a job if the company loses the case. (I bet £50k doesn't keep them long as they look for new jobs?)

One alternative is to propose a Corporate Volountary Arrangement which will cost £7k and will reduce the debt substantially and allow it to be paid over 3-5 years with of course handsome fees for the IP that would administer the scheme.

Where is the benefit to the taxpayer in that, surely the £7k is better going to HMRC as an initial payment in reduction of the debt?
This is a relatively young company in which the directors have recognised their mistakes and shortcomings (no they don't own their house or drive fancy cars, everything has been invested in the business). They have remedied the historic problems and the business will make a profit of nearly £100k in the coming 12 months.
This of course is if the HMRC put the baseball bat down and accept a payment proposal.
4

Active Sassenach,

Luton, England 15/10/2008 20:36:15
#3. VAT is a tax on value added. You only pay it when your outputs exceed your inputs and then you only pay the net. PAYE and NIC are levied from the payers (ie the staff) as agent. At no time does that money belong to the business so the business has no right to do anything other than provide securely for it to be paid to the Crown at the proper time.

When, at the proper time, the money is not available to pay the tax, it is because no provision has been made for it. Money taken as agent, especially money collected for the Crown, is not part of your working capital. Working capital is provided by retained profits and banks not by the tax system - although now we have nationalised a couple of banks that distinction is blurred.

Companies may like to consider that their taxes provide for the commercial system based on the rule of law where contracts and debts are enforced in civil courts. In some places tax and commercial compliance are on a different basis. Owing money gets your boardroom sprayed with bullets from a machine gun and, if you are in the way, tough. So stop whingeing, manage properly and cough up. Businesses are not owed a living.
5

And180yO,

15/10/2008 20:45:35
#4

I take it you haven't spent many days in the "real" world?

I'm sure folks know the rights and wrongs, unfortunately at times the commercial reality is different.

I sincerely hope you are never faced with losing your job nor income.
6

Active Sassenach,

Luton, England 16/10/2008 08:00:43
#5. I know which one of us is living in the real world and it is not you.

Yes I am unemployed as a result of incompetence, cheating, fiddling and law-breaking by businesses and finding it very difficult to get another job. There are nearly 2 million people now in the same position. Business, however, may rest assured that it will not lose anything from my cheating my state benefits - paltry though they are - as I refuse to descend to their level. I have provided against my risks unlike, mostly self-deluding, "entrepreneurs".

I fully agree that legitimate business should not act as unpaid tax collectors on an agency basis for the Crown. They should take a percentage fee and it should be added to the costs of tax collection which are presently understated in the economy. However, beyond that, it is not the function of the tax system to provide working capital. It is regrettable that the Government has over-ridden this vital business principle so readily in the case of the banks when it does not do so for manufacturing.

If the only thing that keeps your business going is making your tax liability do double duty as working capital, your business is undercapitalised or not viable or both.
7

And180yO,

16/10/2008 09:42:06
#6 A banker, perchance?

Perhaps in this case the initial difficulties were as a result of incompetence, cheating, fiddling and law-breaking by an employee?

It is very easy for small financial problems to spiral out of control via penalties and interest that are added as a result of late payment, are you saying that at the first sign of a problem that rather than trying to trade through them companies should close their doors?

God help us all if you are?

 

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