Philip Webster, Political Editor
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Alistair Darling executed a partial retreat over his tax clampdown on foreigners domiciled in Britain last night.
In his second U-turn in recent weeks, after a £200 million climbdown on inheritance tax, Mr Darling made clear there was no intention to tax so-called “non-doms” on foreign income or gains not sent to the UK.
In addition, it was explained that the tax treatment of offshore trusts would not apply retrospectively to gains accrued or realised before the changes come into effect.
Treasury sources said that it had never been the intention to “go after” the worldwide earnings of nondoms and blamed “careless drafting” of an HM Revenue & Customs (HMRC) consultation paper for the confusion.
The “clarifications” were issued in a letter from Dave Hartnett, acting head of HMRC, to City institutions and employers whose workers were likely to be affected.
The Chancellor’s moves were given a cautious welcome in the City, which has mounted a fierce campaign against his earlier proposals. Business leaders have said that some of the most talented lawyers, bankers, insurance brokers and industrialists would desert Britain if he went ahead.
The Government also promised to consult with authorities in the United States on finding ways of ensuring that Americans domiciled in Britain are not taxed in both countries over the £30,000 charge that will still be levied on nondoms.
However, the episode will increase criticism of Mr Darling’s brief tenure at the Treasury, amid fears that proposed changes to capital gains tax and treatment of nondoms have dented Labour’s relations with the City.
Downing Street issued strong backing for Mr Darling last night and said it was “rubbish” to suggest there had been a deterioration in relations.
Senior sources said that there was no chance of moving Mr Darling from the Treasury now or in any future reshuffle. “Moving the Chancellor would be the most destabilising thing [the Prime Minister] could do, which is why the Tories are pressing for it,” a source said.
The Chancellor has left untouched the central proposal of a charge of £30,000 on non-doms who have lived in Britain for seven years. The Conservatives have proposed a £25,000 charge but they had also promised the nondoms that there would be no interference with their overseas income.
One City expert said that Mr Darling had a reverse Midas touch, with everything he touched turning to dust.
Mr Darling’s changes follow a call from George Osborne for Labour to adopt the Tory plan. Last night the Shadow Chancellor said that the Conservative Party was once again driving the Government’s economic policy.
However, Mr Osborne is certain to face pressure, as an election nears, for changes in his own plan, which Labour claims is more draconian than the Government proposal.
He wants to raise £3.5 billion from a £25,000 charge on 150,000 non-doms. Mr Darling expects to raise only £650 million.
Meanwhile, in another development last night, Mr Darling asked Sir Richard Branson’s Virgin Group to improve its offer for Northern Rock.
Virgin remains the preferred bidder but has been told by the Treasury that unless it ups the stakes, nationalisation remains a real option.
The Treasury wants Virgin to offer more for the billions in financial support being provided by the Government. It also wants a larger potential stake in the bank for the taxpayer, via a warrant over the bank’s shares.
Northern Rock’s managment has been told that its proposed rescue package is substantially worse than the Virgin offer.
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There is very little understanding of exactly who will be affected by this. My wife and I are US citizens of modest means. We pay UK taxes and VAT on our UK earnings. Forget tax avoidance; I spend a lot of time correctly reporting our income, not to avoid tax, but to report our income and calculate the taxes due in two countries accurately. We happen to have a modest amount of US assets, acquired in the US. We never thought of these assets as offshore tax havens. We cannot bring them here without being taxed. We would, if we could, but the small amount of these offshore assets were taxed once before. Now we will be taxed on the resulting investment earnings; we will lose our personal allowances; our children's assets `(under £40,000) will be taxed, etc. We cannot pay £60,000. It is not fair, and we cannot vote. I thought we had a falling out before over taxation without representation. We will do our best to afford it, but the protectionist rhetoric is unfortunate.
Ben Swoyer, London, England
The rules as drafted have only a modest effect on the 'super-rich' The main impact is on the well paid middle class employees most of whom pay an awful lot of PAYE tax.
They will now have to turn to all the other tax minimisation techiques available and widely used by all UK residents.
My favourite one is SIPPs, the most generous pension scheme I know of in the world. Next splitting incomes to utilise your spouses tax allowances, then ISAs for spouse and children, then a Stakeholder pension, then juggle your affairs to gain the capital gains allowance for both partners, then make sure you invest alot of money in your own home.......and so on and so on.
The suggestion that the average middle class english family is highly taxed while non-dom pay none is a bit thin.......
Grant Cooper, London,
The irony here is that non-doms by definition are people not looking to stay in the UK - unless of course there are compelling tax reasons, or so it seems. Maybe the chancellor would fare better looking into whether the so called non-doms are entitled to their status in the first place given that their intentions are manifestly fiscally driven?
Mikhael, London, UK
It is totally wrong for anyone to assume that they can come here to the UK, and take on highly paid work, and not pay any taxes on the earnings!
If we can all pay our taxes, whatever rate they are at, then surely most of these Non-Doms, who are only using that status because they are on FatCat salaries/ earnings, can easily afford to pay the pittance asked!
Some of these so called NonDoms are earning in a month what many of the ordinary tax payers will take years to earn, so I for one do not have any pity on the likes of the Chelsea football club owner and others like him.
Dinesh, Herts, UK
How can the British government look for ways to steal from so called non doms while they totally ignore the plight of retired British subjects who happen to live in Commonweath countries but in so doing are excluded from the indexing of their pensions. Pensions for which they paid while working in the UK . It is time for the government to own up to their responsibilty and end this arbitrary discrimination.
Trevor J Atkin, Conception Bay South, Newfoundland Canada
Would anybody even trust this man to post a letter ?
Tony, Cheltenham, Glos.
If you are domiciled in the UK you should be taxed on 100% of your income . If you are on PAYE and living in the UK you have to by law, so why shouldn't everyone else? HMRC need to close all the other little loopholes and scams off too, so that there is a level playing field for all of us. At the moment the working classes, and the retired(they get taxed too) are keeping this country afloat, and keeping our armed forces supplied. Whilst the fat cats continue to duck and dive at our expense and languish in the best of everything....
MG, Potsmouth,
Can none of these people even do arithmetic? Osborne is as big a fool as Darling. In order for it to be worthwhile to maintain non-dom status you'd need to have £62,500 of income per person generated offshore every year to break even with Osborne's scheme. I know that doesn't seem like much to an MP but most people would not regard it as a pittance. Does anybody really believe there are 150,000 non-doms who have £62,500 of offshore income every year? Of course with Darling's charge the amount needed is even higher. If and when I am in any danger of having such income I'll simply leave the country, or what is left of it.
Bill, London,
The man at n° 11 seems to change his mind with almost every policy.He stated 3 reasons why the UK economy is in a good position to weather the storm.Is he going to change his mind on this?Only tile will tell.The budget is on March 12th,by March 13th we could have a different one.Who knows with this government.
stephen hulton, eure, france
Brown and Darling are once again having to resort to following Tory policy ,as so far every idea they have come up with themselves has been flawed, and they have had to backtrack.
Did they do no planning before they came to power. First of all they try to imitate the Tories IHT proposals and then with their ill thought out plans on CTG they have managed to upset large swathes of the business community and now its the turn of the Non Doms , not to mention the debacle of the Northern Crock.
This government must rate as the most incompetent ever.
john, cardiff,