Along-running dispute between HM Revenue & Customs and commodities giant Glencore over a £1.5bn tax bill may be decided in secret by a panel of foreign arbitrators, after changes to UK law and trade agreements.
For 15 years British officials have been trying – and largely failing – to tax profits shifted from Glencore’s UK-based trading arm to a holding company in the Swiss canton of Zug, findings by TaxWatch shared exclusively with The Observer show.
In that period, four-fifths of the company’s profits were transferred abroad in return for “non-routine services”, which HMRC has claimed should be valued at “zero”.
In secret!
So this is the ISDS process. Which is, effectively, the ability to, outside the UK court system, find out whether the UK govt has obeyed UK law. You cannot appeal to “international law” under ISDS. Only to whatever treaties, laws, the govt itself has signed up to. So, the real test is whether govt is doing what govt said it would.
Which is appalling, obviously, making govt keep its word.
You know, like say the Vodafone case. Which was, at heart, whether Britain’s controlled foreign companies rules matched up with what the UK govt had signed up to with the EU’s free movement of capital rules. As the Cadbury case showed, no. So, Vodafone was won by Vodafone. At the ECJ of course – a foreign court testing whether the UK govt had lived up to hte law it had itself agreed to.
But then TaxWatch. Largely run by Richard Brooks who is the laddie who invented the Vodafone problem at Private Eye. So, at least consistent over the years – UK govt should not have to live up to whatever laws UK govt has signed.
One further joy is that TaxWatch is funded by Julian Richer who, you know, sold – wholly legally – his company without having to pay capital gains tax on the revenue from doing so.