Asked by: Henry Smith (Conservative - Crawley)
Question to the HM Treasury:
To ask the Chancellor of the Exchequer, if he will review self-certification tax declaration rules which currently prevent small company directors being able to access covid-19 support packages.
Answered by Jesse Norman
Company directors who are also owner managers can earn a salary and receive shareholder dividends from their company as part of their total remuneration package. Company directors who pay themselves a salary through PAYE are eligible for the Coronavirus Job Retention Scheme (CJRS), but neither the CJRS nor the Self-Employment Income Support Scheme (SEISS) cover dividends or other investment income.
The SEISS relies on the information provided through tax returns to determine eligibility for the scheme and to calculate the grant amount. These returns are also used to protect the scheme from abuse by organised crime groups and fraudulent operators; when an individual applies to the SEISS, HMRC can cross-check the person’s SEISS application against their tax returns.
It is not possible under current reporting mechanisms for HMRC to distinguish between dividends paid in lieu of employment income and those paid as returns on investment in the company. The Government has considered proposals under which company directors would be allowed to self-certify how much of their dividends are in lieu of salary, and then claim SEISS based on that self-certification. However, it is clear that this would open up the scheme to an unacceptable risk of opportunistic fraud and criminal activity.
Those not eligible for the CJRS and SEISS may still be eligible for other elements of the support available. The Universal Credit standard allowance has been temporarily increased for 2020-21 and the Minimum Income Floor relaxed for the duration of the crisis, so that where self-employed claimants' earnings have fallen significantly, their Universal Credit award will have increased to reflect their lower earnings. In addition to this, they may also have access to other elements of the package, including Bounce Back loans, tax deferrals, rental support, mortgage holidays, self-isolation support payments and other business support grants.
Asked by: Henry Smith (Conservative - Crawley)
Question to the HM Treasury:
To ask the Chancellor of the Exchequer, if he will review ease of access arrangements to Child Trust Fund accounts for 18 year olds with learning disabilities.
Answered by John Glen - Paymaster General and Minister for the Cabinet Office
All 18 year olds can access the funds from a Child Trust Fund as they would any other account, whether or not they have learning disabilities.
Where the young adult does not have the mental capacity to provide instructions to the account manager, the Mental Capacity Act 2005 and its equivalents in Scotland and Northern Ireland makes provision for another person to provide instructions on their behalf.
A cross-government working group comprising representatives from MOJ, HMT, HMRC and DWP has been established to look at the issues raised in relation to accessing matured Child Trust Funds (CTFs) in the light of the Mental Capacity Act.
Asked by: Henry Smith (Conservative - Crawley)
Question to the HM Treasury:
To ask the Chancellor of the Exchequer, if he will reintroduce the Job Retention Bonus at an increased rate of £6,000 per employee retained in the business who have either been fully or part-time furloughed.
Answered by Jesse Norman
The objective of the Job Retention Bonus (JRB) was to incentivise employers to retain employees between November, when the Coronavirus Job Retention Scheme (CJRS) was due to end, and the end of January through a £1,000 bonus paid to the employer. However, the subsequent extension of the CJRS allowed employers to retain their staff during that period by covering 80% of furloughed employees’ wages. Given this extension to the end of April, the policy intent of the JRB falls away.
The Government remains committed to deploying a retention incentive set at a suitable level, at the appropriate time.
Asked by: Henry Smith (Conservative - Crawley)
Question to the HM Treasury:
To ask the Chancellor of the Exchequer, if he will extend the Coronavirus Job Retention Scheme until end of July 2021 for aviation sector employees.
Answered by Jesse Norman
The Government will set out the next phase of the plan to tackle the virus and protect jobs at Budget 2021.
Asked by: Henry Smith (Conservative - Crawley)
Question to the HM Treasury:
To ask the Chancellor of the Exchequer, if he will hold discussions with the Secretary of State for Transport on the potential effect of the re-introduction of a return leg exemption from air passenger duty for domestic flights in the UK on (a) regional connectivity and (b) the viability of regional air routes.
Answered by Kemi Badenoch - President of the Board of Trade
The Government has committed to consult on aviation tax reform, as part of which we will consider the case for changing the APD treatment of domestic flights, and the potential impact any measure may have on regional connectivity and domestic routes. We will provide an update on timing in due course.
HM Treasury is engaging with relevant departments ahead of this consultation.
Asked by: Henry Smith (Conservative - Crawley)
Question to the HM Treasury:
To ask the Chancellor of the Exchequer, if he will ensure that future covid-19 business support grant schemes distributed by local authorities are based on the number of businesses and employment in an area rather than a per capita population figure.
Answered by Kemi Badenoch - President of the Board of Trade
The Additional Restrictions Grant, which is allocated on a per capita basis, is only one part of the Government’s comprehensive support package for businesses and local authorities during this time. The Local Restrictions Support Grant (Closed) is allocated on a per-business basis and provides businesses in England which are legally required to close due to national or local restrictions with up to £3,000 per month of closures, depending on their rateable value. Businesses which are legally required to close are also eligible for one-off grants worth up to £9,000, depending on their rateable value.
In addition, through the Local Restrictions Support Grant (Open), local authorities which were subject to restrictions on socialising (in particular a ban on indoor household mixing) before the latest lockdown was announced received additional funding so that they could make grants of up to £2,100 per month to hospitality, leisure and accommodation businesses which were able to remain open, but which were experiencing a severe reduction in demand due to restrictions on socialising. This funding is also calculated on a per-business basis.
Given that both population and business densities create pressures on local authorities, by providing some funding per-head and some per-business we are achieving a fair balance.
Asked by: Henry Smith (Conservative - Crawley)
Question to the HM Treasury:
To ask the Chancellor of the Exchequer, what assessment has he made of the merits of introducing a new airside tax-free shopping regime for international visitors at the end of the Brexit transition period.
Answered by Kemi Badenoch - President of the Board of Trade
Ahead of the end of the transition period, the Government has announced the VAT and excise duty treatment of goods purchased by individuals for personal use and carried in their luggage arriving from or going overseas (passengers). The following rules will apply from 1 January 2021:
- Passengers travelling from Great Britain to any destination outside the United Kingdom (UK) will be able to purchase duty-free excise goods once they have passed security controls at ports, airports, and international rail stations.
- Personal allowances will apply to passengers entering Great Britain from a destination outside of the UK, with alcohol allowances significantly increased.
- The VAT Retail Export Scheme (RES) in Great Britain will not be extended to EU residents and will be withdrawn for all passengers.
- The concessionary treatment on tax-free sales for non-excise goods will be removed across the UK.
The Government published a consultation which ran from 11 March to 20 May. During this time the Government held a number of virtual meetings with stakeholders to hear their views and received 73 responses to the consultation. The Government is also continuing to meet and discuss the changes with stakeholders following the announcement of these policies.
The detailed rationale for these changes are included in the written ministerial statement and summary of responses to the recent consultation: https://questions-statements.parliament.uk/written-statements/detail/2020-09-11/hcws448 and https://www.gov.uk/government/consultations/a-consultation-on-duty-free-and-tax-free-goods-carried-by-passengers. A technical note has also been issued to stakeholders to expand on this document and to respond to issues raised by stakeholders.
The concessionary treatment on tax-free sales currently affects airports that fly to non-EU destinations. The extension of duty-free sales to EU bound passengers will be a significant boost to all airports in England, Scotland and Wales, including smaller regional airports which have not been able to offer duty-free to the EU before.
HMRC estimate that around £150 million of VAT is not charged as a result of tax-free airside sales. As with the VAT RES, extending the relief to the EU would significantly increase the cost of the scheme and result in a large amount of deadweight loss by subsidising spending from EU-bound passengers which already happens.
On 25 November the independent Office for Budget Responsibility (OBR) set out their assessment of the fiscal impact of the withdrawal of the tax-free airside sales. The OBR estimate that the withdrawal will raise approximately £170 million per year for the Exchequer, after behavioural responses are taken into account and passenger numbers recover from the impacts of Covid-19.
The Government also recognises the challenges the aviation sector is facing as it recovers from the impacts of Covid-19 and has supported the sector throughout the pandemic, and continues to do so, including schemes to raise capital, flexibilities with tax bills, and financial support for employees.
Asked by: Henry Smith (Conservative - Crawley)
Question to the HM Treasury:
To ask the Chancellor of the Exchequer, what assessments his Department has made of the potential merits of providing alternative airside tax-free shopping regimes for international visitors at the end of the transition period.
Answered by Kemi Badenoch - President of the Board of Trade
Ahead of the end of the transition period, the Government has announced the VAT and excise duty treatment of goods purchased by individuals for personal use and carried in their luggage arriving from or going overseas (passengers). The following rules will apply from 1 January 2021:
- Passengers travelling from Great Britain to any destination outside the United Kingdom (UK) will be able to purchase duty-free excise goods once they have passed security controls at ports, airports, and international rail stations.
- Personal allowances will apply to passengers entering Great Britain from a destination outside of the UK, with alcohol allowances significantly increased.
- The VAT Retail Export Scheme (RES) in Great Britain will not be extended to EU residents and will be withdrawn for all passengers.
- The concessionary treatment on tax-free sales for non-excise goods will be removed across the UK.
The Government published a consultation which ran from 11 March to 20 May. During this time the Government held a number of virtual meetings with stakeholders to hear their views and received 73 responses to the consultation. The Government is also continuing to meet and discuss the changes with stakeholders following the announcement of these policies.
The detailed rationale for these changes are included in the written ministerial statement and summary of responses to the recent consultation: https://questions-statements.parliament.uk/written-statements/detail/2020-09-11/hcws448 and https://www.gov.uk/government/consultations/a-consultation-on-duty-free-and-tax-free-goods-carried-by-passengers. A technical note has also been issued to stakeholders to expand on this document and to respond to issues raised by stakeholders.
The concessionary treatment on tax-free sales currently affects airports that fly to non-EU destinations. The extension of duty-free sales to EU bound passengers will be a significant boost to all airports in England, Scotland and Wales, including smaller regional airports which have not been able to offer duty-free to the EU before.
HMRC estimate that around £150 million of VAT is not charged as a result of tax-free airside sales. As with the VAT RES, extending the relief to the EU would significantly increase the cost of the scheme and result in a large amount of deadweight loss by subsidising spending from EU-bound passengers which already happens.
On 25 November the independent Office for Budget Responsibility (OBR) set out their assessment of the fiscal impact of the withdrawal of the tax-free airside sales. The OBR estimate that the withdrawal will raise approximately £170 million per year for the Exchequer, after behavioural responses are taken into account and passenger numbers recover from the impacts of Covid-19.
The Government also recognises the challenges the aviation sector is facing as it recovers from the impacts of Covid-19 and has supported the sector throughout the pandemic, and continues to do so, including schemes to raise capital, flexibilities with tax bills, and financial support for employees.
Asked by: Henry Smith (Conservative - Crawley)
Question to the HM Treasury:
To ask the Chancellor of the Exchequer, what guidance he has issued to overseas sellers who need to register for UK VAT by 1 January 2021 for under £135 goods sold to UK consumers.
Answered by Jesse Norman
HMRC published guidance on 20 July 2020 setting out information on the proposed changes for overseas sellers and online marketplaces.
Asked by: Henry Smith (Conservative - Crawley)
Question to the HM Treasury:
To ask the Chancellor of the Exchequer, if he will provide support to people who receive income via company dividends that are taxed, during the covid-19 outbreak.
Answered by Jesse Norman
Dividends are not covered by the Coronavirus Job Retention Scheme (CJRS) or the Self-Employment Income Support Scheme (SEISS) Grant Extension. Income from dividends is a return on investment in the company, rather than wages.
Those who pay themselves a salary through their own company are eligible for the CJRS. The CJRS is available to employers, including owner-managers, and individuals paying themselves a salary through a PAYE scheme. Where furloughed directors, including companies with a sole director, need to carry out particular duties in order to fulfil their statutory obligations, they may do so provided it is no more than would reasonably be judged necessary for that purpose.
As with the previous SEISS grants, it is not possible for HM Revenue and Customs (HMRC) to distinguish between dividends derived from an individual’s own company and dividends from other sources, and between dividends in lieu of employment income and as returns from other corporate activity.
This means, unlike the SEISS grants that use information HMRC already hold, targeting additional support would require owner-managers to make a claim and submit information that HMRC could not manageably verify to ensure payments were made to eligible companies for eligible activity.
The SEISS Grant Extension continues to be just one element of a comprehensive package of support for individuals and businesses. This package includes Bounce Back loans, tax deferrals, rental support, and other business support grants. The Government has also temporarily increased the Universal Credit standard allowance for 2020-21 by £20 per week and relaxed the Minimum Income Floor, so that where self-employed claimants' earnings have significantly fallen, their Universal Credit award will have increased to reflect their lower earnings.