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Since
news of the tax deal between HM Revenue and Customs and Google broke on 22
January there has been much comment and discussion about the rights and wrongs
of this case specifically, as well as the general principle of large companies
being able to negotiate settlements such as this with the UK’s tax authorities.
It is
notable that while you have hailed the deal as “a major success”, Downing
Street has instead chosen to describe it as “a step forward” with “more to do”.
When there appears to be disagreement about the significance of the deal at the
highest levels of government it is only right that the public is given greater
clarity on the specifics of the settlement reached.
This deal
with Google raises a number of important issues about the tax treatment of
large companies in the UK. For that reason I welcomed the opportunity the House
of Commons was yesterday given to discuss the details of this case. However, it
was disappointing that you were not present to address this issue in person.
Yesterday’s
statement in the House by the Financial Secretary to the Treasury, Mr David
Gauke, left many questions unanswered. For that reason I am writing to ask if
you will now directly address some of the outstanding questions:
·
Firstly,
please can you clarify exactly when you were first made aware of the details of
the deal with Google? Did you (or any other Treasury Minister) personally sign
it off, and were other Ministers involved in the settlement?
·
What
discussions, if any, did you or members of your private office have with HMRC
and with Google representatives about the deal?
·
Did
HM Treasury and HMRC discuss details of the deal with Number 10 before the
announcement was made?
·
What
is HMRC’s understanding of the effective tax rate faced by Google over the past
10 years as a result of this settlement?
·
Are
you confident that this deal will not undermine international co-operation on
tax avoidance, such as the OECD base erosion and profit shifting scheme?
·
Can
you clarify whether Google is changing the company structures that enabled this
avoidance to take place over the past decade?
·
What
concerns, if any, do you have that this agreement creates a precedent for
future deals with other large technology corporations?
·
To
help ensure HMRC is best placed to address complex issues like this will you
now halt the programme of HMRC staffing cuts?
I was
also concerned to read in The Times this morning the revelation that
HMRC officials have “never challenged” Google’s claim that it has “no permanent
establishment” in the UK. Such a claim is obviously critical to the entire tax
issue. Can you clarify whether the accusation in today’s Times is
accurate? In addition, have you, or your office, ever raised with Google
directly its claim that it does not have a permanent establishment in the UK?
Furthermore, have you, or your office, ever discussed with HMRC, Google’s claim
not to have a permanent establishment in the UK?
When
times are tough it is more important than ever that everyone pays – and is seen
to pay – their fair share. I know that many are concerned about the tax
treatment of large companies and it is important for public trust that HMRC is
fair and transparent in its dealings with such companies. That is why, in the
interests of openness and transparency, it is essential you provide full and
frank answers to the above questions as well as commit to publishing details of
the deal and how it was reached.
Given
the significant public interest in this matter, I am making this letter public.