James Harding, Business Editor
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In this current boom, the super-rich are making such extraordinary fortunes that they are not just stoking the suspicion of the working class, but the well-paid middle classes, too. The battle lines in Britain’s class war are shifting: it is no longer Citizen Smith and the Tooting Popular Front agitating for change, but Mr and Mrs Smith and the Wimbledon Neighbourhood Watch scheme who are crying “Power to the People!”
University-educated men and women working hard and enjoying successful careers in public companies are finding themselves frozen out of swaths of the London property market by a new breed of wealth: hedge fund managers, private equity partners and investment bankers. There are signs of a new kind of fissure between the reasonably well-off and the absurdly wealthy – not a blue-collar/white-collar divide, but suit-and-tie versus open-necked shirt; not over how much you are paid, but how: are you someone who measures your earnings in salary or capital gains?
In this context, Nicholas Ferguson’s observation that many private equity executives are “paying less tax than a cleaning lady” has only played to the politics of middle-class envy. Mr Ferguson, the SVG Capital chairman, who has spent more than a quarter of a century in private equity, told the FT that “any common-sense person would say that a highly paid private equity executive paying less tax than a cleaning lady or other low-paid workers . . . can’t be right”.
An explanation: the Treasury agreed special terms with the private equity industry in 2003, which mean that the “carry” on a deal – i.e. the partners’ profits on an investment – can be taxed at just 10 per cent. The partners have to have held the investment for two years and employ taper relief, but the fact is that Mr Ferguson is right: it is possible that buyout executives can end up paying an even lower rate of tax on a multimillion-pound payout than a cleaning lady pays on a minimum wage salary.
Private equity is, no doubt, a boon to Britain. But the political pressure will inevitably grow for the reform of special tax treatment of private equity’s earnings. Some in the industry will make the case that if the tax treatment changes, they will leave the country. The vast majority will stay. Others will say that these tax rules apply to other business. A few and, anyway, it is not the point.
Private equity’s long-term future, not to mention its capacity to make innovative, value-creating deals, will depend on public confidence. (CVC’s bid for Sainsbury’s failed, at least in part, as a result of the suspicion surrounding private equity.)
Few in the private equity world have shown Mr Ferguson’s courage in broaching the tax taboo. But he should be thanked for it. Special tax treatment is not only unjustifiable, it undermines the credibility of the industry. Senior figures in private equity know that their role in the economy is not just to grow the cake, but to share it, too. Indeed, listening to some of them yesterday, they have already come to terms with the fact that on the 10 per cent tax rate, the clock is ticking . . .
Hardy’s pratfall
There was a sense yesterday of life imitating art – and not high art.
Russell Hardy, the chief executive of Blacks Leisure, was ousted after losing the confidence of the company’s nonexecutive directors. Mr Hardy is said to have had a falling out with Claude Littner, a Blacks nonexecutive better known for being a protégé of Sir Alan Sugar and a bit-part on The Apprentice. It was as if Mr Littner wanted to try out Sir Alan’s catchphrase in the real world.
To be fair to Mr Littner and the Blacks’ board, Mr Hardy had an infuriating tendency to blame the weather. When he reported last month that profits at the camping equipment and outdoor gear stores had fallen from £22 million to £100,000 and slashed the dividend by 75 per cent, he said that climate change was the problem.
But Mr Hardy had put in a strategy that has just begun to turn the tide at Blacks and Millets. He imposed a pay freeze, which has stuck. He has started to invigorate the company’s own-label brands. He has expanded Blacks’ presence in out-of-town shopping centres. And he has begun the process of differentiating Blacks from Millets.
When questioned about his strategy in the past, Mr Hardy used to say that if he was proved wrong, people could call him a wazzock. And, he liked to add, “Russell Hardy is no wazzock.” The signs are that the camping season has got off to a terrific start at Blacks and, while April was warm and sales were weak, a wet May has resulted in surging like-for-like sales.
He may have been fired, but Russell Hardy is no wazzock.
Poor suffer
It’s hard not to have a soft spot for counterfeit goods.
A study by the OECD puts the annual international trade in pirated physical goods at up to $200 billion, not counting downloads or, for instance, Chinese counterfeit software sold in China. It calls for sterner action all round.
In many parts of the world, however, this illegal activity puts (fake) luxury goods within reach of ordinary people who could not afford the real thing. A few people may be duped, but most know there is something fishy when they are buying a Rolex for less than £100 or a designer T-shirt at Tesco prices.
In many developing countries, the manufacture of fakes is the first step on the international industrial ladder. It creates not just jobs, but technical expertise.
In Yiwu, the counterfeit capital of China, the range and ambition of the fakery is quite impressive: not just Nike shoes are counterfeit, but the odd BMW car.
Car parts, a bigger item in the Middle East than Europe, raise trickier issues. Poor ones can cause vehicles to fail and crash. Yet they will force manufacturers to pull down the monopoly prices they charge to recoup low margins on new cars.
At its worst, in drugs, piracy can kill people in droves.
But, of course, all these arguments miss the point.
Piracy is a fundamental threat to market economies, which rely on property rights. A society that allows the rich to be robbed makes the poor the worst victims of crime.

Wolff Olins has delivered an unconventional brand for the 2012 Olympics. It looks like it was inspired by Tizwas and coloured in by the makers of Play-Doh. But the Olympic movement has an ageing fan base and needs to reach out to the young. The 2012 logo is not a piece of nostalgia, but a canvas that must endure five years, endless exposure and countless different uses. Wolff Olins has come up with the goods. james.harding@thetimes.co.uk
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Fine, but what on earth has suit-and-tie versus open-neck shirt got to do with it?
Barry, Wallington, UK
If we had a flat tax, there wouldn't be all these anomalies. But if we don't have a flat tax, it seems perfectly reasonable that someone who has paid say £100,000 in tax in any one year should be deemed to have paid enough and given a gong for 'services to tax paying'. It would make a change from all those civil servants getting a gong for 'services to tax collecting'.
Philippa Pirie, London , Engalnd
Tom - I'm middle class and annoyed too. But shhh, if they moved those millions to Switzerland, they could get away with 20% tax.
James, Milan, Italy
I am not entirely convinced that protecting intellectual property is the only problem. The USA and Europe are importing the brains of the third world and paying nothing for the costs of education of the best people of the poorest nations. This seems to me to be an unfortunate aspect of stealing the intellectual ideas of the poor. The West ruthlessly exploits the most highly educated and never sends them home again. I have on occasion written to companies supplying me with technology asking them to confirm that they have the right to the patents and coprights they use. They never reply. Actually IP seems to apply to a certain market sectors and not others. The average man must be confused!
Brian Lewis, Manila, Philippines
I think I can understand the justification for not taxing the super rich normally (40% on those millions - shock horror!!). So instead they negociate how much tax they pay with the Revenue, whilst the rest of us pay through the nose via normal and stealth taxes.
Come on Revenue, toughen up and take a fair whack from the super-rich, instead of incessantly chasing the middle classes for your pound of flesh.
Tom Majinsky, Milton Keynes, UK
You might add the non-domicile loophole which allows foreigners to reside in the UK but pay very little tax, another gross distortion of the revenue set-up. While individuals can have their cars confiscated for importing a few extra cigarettes and avoiding punitive duties, billionaires can live here effectively tax-free.
"When he looked back from the early 19th century and tried to explain why there had been a revolution in France in 1789 but not Britain, Alexis de Tocqueville said: 'In England, the poor man enjoyed the privilege of exemption from taxation; in France, the rich.' Two centuries on and a Labour Chancellor is telling the bulk of the electorate that he will tax them because they suffer from the twin misfortunes of not being foreigners and not being rich, while giving the plutocracy the exemptions of the old French aristocracy."
Paul Amery, London,
"The 2012 logo is not a piece of nostalgia, but a canvas that must endure five years, endless exposure and countless different uses. Wolff Olins has come up with the goods."
Crikey, james, I wish you all the best in selling that view. Try as I have, I still see little good in the pretentious effort. A subjective view, I agree, and just as valid as your own only at the other end of the scale.
Is there a book opened on its long term survival?
amanfromMars, Seventh Heaven , Global Communications HQ
"not counting (...) Chinese counterfeit software sold in China."
Like counting rice sales apart from rice sold in China...
Jon Barker, Glasgow, UK
I think the real point about the so called absurdly wealthy ie. hedge fund managers, private equity partners, investment bankers etc is not so much their tax situation but the fact that they do not actually create any wealth - yes, they make money and boodles of it - but it is only timing and opportunism that recylces money in higher ratios. That is not wealth creation it simply means that individuals pocket vast amounts of money for themselves ably assisted by the two year investment rule and of course contemporaneous taper relief.
peter ashmead, stroud, uk
Britain's post-Victorian social and political fissure along the line separating the middle and working classes was not something that was common to all advanced, industrial societies.
The division was an essentially cultural phenomenon and certainly didn't reflect inherent conflicts of interest.
But the super-rich have tended to stay rich by convincing the middle classes of the need to vote for governments that keep them rich.
Ian Morrison, Auckland , New Zealand
FAO James Harding
Re A tax rate that enrages Middle England
Date 5 June 2007
Sirs,
The tax on a "well paid" middle class goes beyond a tangible financial measure. There is a generation of "well paid" middle classers in their thirties who have worn suits and ties for ten to fifteen years and who have worked with funds in the millions but who cannot afford somewhere reasonable to live.
In the real estate profession in the UK, average pay has been published in the Estates Gazette and/or via salary surveys for years. The surveys' findings read poorly compared to corresponding average property prices.
Twentysomethings may have it worse unless there is a significant downward adjustment to residential property prices in the short term and thirtysomethings who have not been able to buy will face other costs in addition to not having a home.
Will a wise hopeful Father have a family when he cannot provide? Will a childless hopeful Mother have a broken heart at age 35 plus?
Chartered Surveyor, London,
Quick point of fact: there was no 'special deal' between the private equity industry and the Treasury regarding taper relief. The Government changed the capital gains rules such that ANYBODY investing in private companies would qualify for taper relief at 10% after 2 years. This was changed from only allowing directors and employees investing in private companies to benefit and was done to encourage investment in private companies, which it has manifestly done.
In the case of 'carry' the long established tax law is to tax as income (i.e. at 40% + NIC) the value of any item (crucial point here) at the point of award, with any increase in value after that date being a capital gain. The 2003 deal was to agree the value of carry at the date of award: it is arguable that this is too low.
Not disagreeing with the overall sentiment, but the author should note that this was not a conspiracy by private equity to get an unfair break on taper relief but more an unintended consequence.
Richard, London, UK
What's wrong with fakes. The Germans make fake Rolls Royces but charge British prices for them. Let Yiwu make them and we can all have one.
eric campbell, harrogate, uk