The Entrepreneurs' Budget: Not now, Darling.
In his opening speech, Mr Darling declared his budget as a one built of
core values of 'fairness' and 'opportunity'. The result of the measures
announced, according to the Chancellor, would enable Britain to grow its way
out of recession. So will the Budget provide entrepreneurs with the
opportunity to achieve growth. And is it fair?
Undoubtedly the headline from an entrepreneurs' perspective was the 10%
increase in the income tax rate on earnings of £150,000 or more from 40% to
50% (and yes, this is a 10% increase: the 45% rate announced in November's
Pre-Budget Rate was just that: announced, but never implemented).
Psychologically the 50% rate is always considered a bit of barrier as only
half of every £1 earned is actually kept and indeed the scale is tipped
distinctly in HMRC's favour when the impact of the increase national
insurance contributions are taken into account. It's a big leap to say that
of itself it will deter entrepreneurs from generating income over £150,000
but it will definitely lead to consideration of how the value created is
realised. The obvious answer to this from a tax perspective is to plan to
ensure that value is realised as a capital gain, the rate of which remained
unchanged at 18%. The traditional exit route for gains is limited as very
few deals are being done in the current environment. So the message from the
Budget must be: invest now to grow for the future and limit the amount taken
out.
As to whether the Budget was a 'fair' one there are a few ways of looking at
this. From a fiscal perspective it was a mixture of pluses and minuses. On
the 'plus' side measures were announced which would clearly support
entrepreneurs and small businesses:
- 40% first year allowance for capital expenditure incurred in between April 2009 and April 2010
- extension of the loss carry-back from 1 year to 3 years;
- practical support via the top-up credit insurance and deferral of tax liabilities;
- deferral of the 1% increase in the small companies tax rate.
Whilst the sentiment is welcome, the impact in cash terms may be limited. The
maximum benefit of the additional loss carryback is £14,000 and the value of the
1% deferral over the first £300,000 is £3,000 - neither of which are sums likely
to change entrepreneurial behaviour. The increase in capital allowances may have
a much bigger financial impact, and could indeed accelerate some investment
decisions, but it is a temporary increase for one year only.
On the 'minus' side there are increased costs. The increase in the income tax
and national insurance rates as well as the 2p rise in fuel duty is pretty
indiscriminate and affects most companies in most sectors, entrepreneurs and
small businesses included. From a numbers point of view, then, whether the
Budget is fair is arguable. One thing is clear it is not a big Budget give-away.
Another way of looking at whether the Budget is 'fair' is in dealing with the
relationship between HMRC and the taxpayer or 'customers' as we are increasingly
known. On the one hand HMRC are publicly encouraging open and honest
relationships with its taxpaying customers, as evidenced by the increasing role
of the Customer Relationship Managers in the forefront of HMRC dealings. It was
always accepted that taxpayers could run their businesses to minimise tax yet
the increasing interchangeability of avoidance and evasion (one legal, one not)
and today's announcement of a 'name and shame' policy for deliberate tax
defaulters suggests that taxpayers and HMRC may now not see eye-to-eye. On the
face of it naming taxpayers who deliberately default HMRC may not be
contentious. The difficulty comes in the definition of 'deliberate' which is
applied and which all turns on whether the HMRC believe a taxpayer has taken
reasonable care. Where reasonable care has not been taken, the implication is
that the default is deliberate. This could apply to 'grey' areas of legislation,
even where the taxpayer has taken professional advice and the limit for such
naming and shaming is set very low at £25k. This inevitably provokes the
question of whether HMRC deliberately intend to use 'naming and shaming' as part
of the approach for dealing with difficult tax issues?
The overall message coming out of the Budget for entrepreneurs concentrate on
growing the business and plan how to realise the value generated carefully.


