Banks offsetting losses make levy "small change", says TUC report

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Banks offsetting losses make levy "small change", says TUC report

UK banks will avoid paying £19 billion ($30 billion) tax on future profits by offsetting their losses, incurred during the financial crisis, against their tax bills, despite being bailed out by the taxpayer to the sum of £850 billion, says a report by the TUC.

UK banks will avoid paying £19 billion ($30 billion) tax on future profits by offsetting their losses, incurred during the financial crisis, against their tax bills, despite being bailed out by the taxpayer to the sum of £850 billion, says a report by the TUC.

The report, The Corporate Tax Gap, issued on October 18, said this was equivalent to £1,100 for every UK family.

While the government published draft legislation on October 21 that would introduce a bank levy for the UK financial sector, the report considers this tax inconsequential in the face of the extensive losses made.

"The Government's bank levy is small change compared to this huge loss as the business-as-usual bonus levels show," said Brendan Barber, TUC general secretary.

The report, written by Richard Murphy of Tax Research UK, emphasises the tax gap in the UK (difference between tax rate set by the government and the effective amount of tax companies actually pay) has grown by 0.5% a year for the last decade.

Between 2000 and 2009, the effective corporation tax rate fell from 28% to 21%, compared to a cut in the headline rate from 30% to 28%, the report said. If the trend continues and the headline rate falls to 24%, as the government plans in 2014, the banks and other large UK companies will pay an effective rate of 17% - three percentage points lower than small business – creating a "regressive corporation tax regime".

"The tax system will be favouring large companies over small companies and large companies over the self employed. It is hard to see how a more unequal and unfair playing field, on which small business and its employees have to compete, could have been created," Murphy wrote on his Tax Research blog.

However, not everyone agrees with the report feeling it provokes political risk, which threatens predictability in the UK tax market.

"They have misunderstood capitalism on several levels, which is not surprising," said James Anderson, a partner of Skadden Arps Slate Meagher & Flom, a law firm, in London. "They like the taxpayer getting hold of the equity in banks with a view to reaping future investment gains, but, at the same time, they want to deny relief for the losses that triggered the acquisition of this cheap equity in the first place. It would be cherry picking the rules, and worse, adding to core instability in the tax system, one of the big criticisms of the UK at the moment from the financial sector."

more across site & shared bottom lb ros

More from across our site

The new practice, which features former ‘big four’ experience, already has over 20 team members
Speakers from companies including Uber and Stripe told the inaugural AI in Tax Forum to brace for impending changes to how advisers work
Authors from Khaitan & Co dissect a ‘welcome’ ruling, which found that the mere existence of a tax benefit would not, by itself, warrant a principal purpose test
Over two-thirds of survey respondents back the continuation of the UK’s digital services tax, research commissioned by the Fair Tax Foundation also found
Given the US/G7 pillar two deal, the OECD is in danger of being replaced by the UN as the leading global tax reform forum
Cinven’s latest investment follows its acquisition of a stake in Grant Thornton UK in December; in other news, a barrister listed by HMRC as a tax avoidance promoter has alleged harassment
CIT base narrowing measures remain more prevalent than increased CIT rates, the report also highlighted
ITR's parent company, LBG, will acquire The Lawyer, a leading news, intelligence and data-driven insight provider for the legal industry, from Centaur Media
KPMG UK’s Graeme Webster and KPMG Meijburg & Co’s Eduard Sporken outline the 20-year evolution of MAPAs, with DEMPE analyses becoming more prevalent and MAPA requirements growing stricter
Rishi Joshi, of the Institute of Chartered Accountants of India, warns of potential judicial overreach as assets are recharacterised to bypass a legislative exclusion
Gift this article