Lords defeat government over tax credits cut

There's a difference between working within the rules which some people would define as finding loopholes, and aggressively hunting for loopholes/aggressive tax avoidance which is often challenged by HMRC/designing horribly convoluted tax avoidance schemes/etc.

This.

There is a difference between working within the law technically and working within the spirit of the law.
 
The tax schemes you mention aren't "loop holes" in themselves. The loop holes are the rules that let people/businesses use those schemes when they were not designed for those cases.

Good, I'm glad we have the same definition of loophole.

For example, the bankers who deliberately delayed taking their bonuses until the tax rate fell from 50% to 45%. The drop itself wasn't a loop hole, but the action of deliberately not taking the money when they otherwise would have to purposely avoid paying that extra tax was.

Technically that wasn't a loophole. It's long been a tax planning tool and has always been aware to HMRC. The government, for whatever reason, chose not to amend the rules, most probably because it was the Tory's and they actually preferred the bankers to do it as it suited their political agenda (I'm guessing).

Don't blame the bankers for that one! I'd happily stake a tenner on George Osborne chuckling away at the thought he could use it to slam Labour's 50% tax rate.

Same with Jimmy Carr. The scheme he was using had good intentions, it was supposed to be used by people who genuinely wanted to provide loans but was abused by TV presenters who had no place in that sector to reduce their liability.

I disagree with your second sentence, and out of courtesy won't post my opinion, especially in writing.
 
I on't care what the "rules" say, I want to know how a business can simultaneously claim they are making losses (historically or today it doesn't really matter) yet can afford to give the owner a pay rise.

If they were making losses in previous years, isn't that an argument to reduce the CEO's salary (until they are making profits) rather than increase it?

Let's use George Osborne's own rationale. We have a deficit due to Labour's obsession with spending (i.e made losses in the past), yet despite those decisions and losses being made in the past, people today have to pay for it by reducing their incomes until we catch back up with ourselves. How is the opposite true for CEO salaries?

I don't know or care how they justify the salary increase. I was talking about Corporation Tax.
 
For example, the bankers who deliberately delayed taking their bonuses until the tax rate fell from 50% to 45%. The drop itself wasn't a loop hole, but the action of deliberately not taking the money when they otherwise would have to purposely avoid paying that extra tax was.

Same with Jimmy Carr. The scheme he was using had good intentions, it was supposed to be used by people who genuinely wanted to provide loans but was abused by TV presenters who had no place in that sector to reduce their liability.

no what Jimmy Carr did is far worse

what those bankers did wasn't a loophole, they still paid their income tax on the full amount - I wonder if people also delayed completing on house purchases when Gordon Brown increased the limits for first time buyers, or people stock up on things or delay purchasing things that are predicted to have an increase or decrease in duty in the budget

a loop hole would be paying themselves with platinum sponge or setting up some offshore fund that makes ridiculous loans to their hairdresser or part time model girlfirends
 
Technically that wasn't a loophole. It's long been a tax planning tool and has always been aware to HMRC. The government, for whatever reason, chose not to amend the rules, most probably because it was the Tory's and they actually preferred the bankers to do it as it suited their political agenda (I'm guessing).

Don't blame the bankers for that one! I'd happily stake a tenner on George Osborne chuckling away at the thought he could use it to slam Labour's 50% tax rate.

what those bankers did wasn't a loophole, they still paid their income tax on the full amount

If I sent an e-mail to the payroll dept for the company I work for and said "Don't pay me any salary for the next 18 months, just give it me all after April 1st 2017 when the tax allowance rises to £11k" what do you think they'd say?
 
If I sent an e-mail to the payroll dept for the company I work for and said "Don't pay me any salary for the next 18 months, just give it me all after April 1st 2017 when the tax allowance rises to £11k" what do you think they'd say?

Can't you just say your point rather than making strange examples? I understand the concepts, I don't need them explaining through illustrations.
 
Can't you just say your point rather than making strange examples? I understand the concepts, I don't need them explaining through illustrations.

My point is you said/implied deliberately delaying your income until the tax rate comes down isn't dubious and sensible tax planning. Yet this isn't an option for 99.999% of workers.

My point is that if you make change to your behaviour for the sole reason of paying less tax then you are, IMO, exploiting a "loop hole".
 
My point is you said/implied deliberately delaying your income until the tax rate comes down isn't dubious and sensible tax planning. Yet this isn't an option for 99.999% of workers.

My point is that if you make change to your behaviour for the sole reason of paying less tax then you are, IMO, exploiting a "loop hole".

Ok, so I've established your definition of loophole is inconsistent with your own reasoning. Your happy with capital allowances but not happy with deferring/accelerating salaries? This is important because both just use tax law in a normal vanilla way. It also means you need to define what you deem a "loophole" each time you use the word.

It also opens so many questions of the threshold of acceptability? 100% of workers with one job (as an employee) and no other income can't claim capital allowances, but a self-employed individual could if they bought a laptop for business use. But that's ok?
 
This.

There is a difference between working within the law technically and working within the spirit of the law.

So with next year there being a 1000 pound tax free allowance on savings interest returns is it violating the spirt to change your savings a count from one that pays monthly to one that pays annually so that your payment would come after april next year and so be tax free rather than laying tax each month?
 
If I sent an e-mail to the payroll dept for the company I work for and said "Don't pay me any salary for the next 18 months, just give it me all after April 1st 2017 when the tax allowance rises to £11k" what do you think they'd say?

What possible relevance is that? They'd say no for reasons that have nothing to do with tax.
 
If I sent an e-mail to the payroll dept for the company I work for and said "Don't pay me any salary for the next 18 months, just give it me all after April 1st 2017 when the tax allowance rises to £11k" what do you think they'd say?

firstly that that scenario makes no sense and secondly that it is a complete faff for them to do that

a bonus on the other hand is an irregular size payment made annually, some times they get delayed for other reasons - I had a bonus delayed once early in my career by a couple of months as the finance department was in a mess due to a merger... it resulted in me going over the 40% limit that year when I wouldn't have done being a mere junior member of staff and therefore paying more tax than I would have done had they paid the bonus on time - I don't get to claim it back and HMRC didn't gain due to a loophole but by the simple fact that I earned more that year, it was just bad admin by the finance team

your scenario doesn't illustrate anything to support delaying bonuses being a 'loophole'
 
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If all these ppl on tax credits stopped buying their iPhones, iPads, and Sky TV they wouldn't feel the cut.

What???! Having an iPhone is a human right. Most school children aged 11 and up have them, I've noticed.

Seriously, what are we teaching our children if they all want iPhones? Argh!
 
If all these ppl on tax credits stopped buying their iPhones, iPads, and Sky TV they wouldn't feel the cut.

Quite apart from the silliness of your example saying "I'd only people gave up X, Y and Z, they wouldn't feel the cut" is inherently nonsensical - giving up X, Y and Z is feeling the cut.
 
Benn hanging around outside schools watching children have we?

Yeah sure, why not :p

I took my nephew to the fireworks on Weds. His mum is getting him an iPhone for xmas. I said, "Why an iPhone?" He says in his class (state school, not private), "90% of them have iPhones".

I put it to him that surely he was an exaggerating. No, he says, everyone he knows has an iPhone. He says he desperately wants one because the other kids think Android, etc, are for poor people. This is a 12 year old in his first year of secondary school.

This, good people, is what our society has done to young people. To be a "normal" child at a state run school, you have to have a £400 phone, minimum.

I was deeply saddened. Can you imagine how entitled many of these kids are going to grow up to be? When you give all these kids £400 phones at age 12?

FFS, I despair of humanity.
 
Yeah sure, why not :p

I took my nephew to the fireworks on Weds. His mum is getting him an iPhone for xmas. I said, "Why an iPhone?" He says in his class (state school, not private), "90% of them have iPhones".

I put it to him that surely he was an exaggerating. No, he says, everyone he knows has an iPhone. He says he desperately wants one because the other kids think Android, etc, are for poor people. This is a 12 year old in his first year of secondary school.

This, good people, is what our society has done to young people. To be a "normal" child at a state run school, you have to have a £400 phone, minimum.

I was deeply saddened. Can you imagine how entitled many of these kids are going to grow up to be? When you give all these kids £400 phones at age 12?

FFS, I despair of humanity.

It's nothing that didn't happen when we were at school. Today it's iPhones, yesterday it was Casio watches and tracksuit bottoms. Tomorrow it will be something else.
 
It's nothing that didn't happen when we were at school. Today it's iPhones, yesterday it was Casio watches and tracksuit bottoms. Tomorrow it will be something else.

But the cost... those Casio watches cost £10 or thereabouts.

We're talking about a whole class of 12 year olds with £400 iPhones.

Is that really the same deal?
 
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