The government's "patent box" is the tax avoidance package companies have been begging for

It might incentivise innovation, but it definitely incentivises paying far less tax.

The Conservative party back-benches are seething with rebellion. Not only do ministers deplore David Cameron for an un-Tory like attitude toward gay marriage, in recent weeks he has further upset them with a positively radical spiel directed against those super-corporations the conservative leader suspects of tax avoidance:

Any businesses who think that they can carry on dodging their fair share ... need to wake up and smell the coffee.

However. Refreshing though the rhetoric certainly is, the actions of the Government seem to tell a different story. Corporation tax will have fallen from 28 per cent to 21 per cent toward the end of the Government’s first term in 2014 — and this will translate into a loss of roughly £5 billion in tax revenues each year as those cuts are enacted (according to 2011 estimations by the Treasury).

The buck doesn’t stop there. In order to better facilitate corporate needs, HM Revenue and Customs is set to introduce a new form of tax relief for businesses due to begin in April this year. It’s called the Patent Box. Ostensibly, it means that a company which shows sufficient innovative nous by patenting innovations will be entitled to a tax break of 13 per cent, applied to the value of the product. In theory this should provide impetus for companies to conceive fabulous new technologies, and give a spurt to growth and development thereby. Right?

Well not quite. The first problem is that said companies are not actually required to own the patent themselves in order to attain the tax break. They can simply lease a patent from the original patent owner; consequently there is no real incentive to invent stuff creatively and in-house, so to speak. But the most salient fact about the Patent Box is that it does not apply to the patent in isolation. A company could, for instance, produce a tractor, and if that tractor was possessed of a patented right view mirror, the revenue from the whole vehicle itself — not only the mirror — would be subject to same overall and significantly larger cut in tax.

In other words, a measure which appears to contain a degree of legitimacy, in fact becomes yet another way for big corporations to achieve massive, unwarranted tax slashes on their products. And this is ironic. The Conservatives always pride themselves on encouraging small business development, perhaps because this provides a highly effective propaganda sheen — allowing their PR initiatives to be expressed in terms of hard working individuals and entrepreneurs rather than faceless corporate monoliths. But the Patent Box will only serve the latter. Small businesses do not have the purchasing power to buy in bulk the products which will benefit from the tax cut, nor can they afford to gamble with new technological innovations, nor can they divert money into buying up the patents of others.

Part of the whole problem lies in the way in which the government develops Controlled Foreign Companies (CFCs) regulations. One of the lead advisors who helped the government to devise the Patent Box was one Jonathan Bridges — a tax advisor for KPMG, an accountancy company which has no remit outside ensuring the lowest tax returns for its corporate clientèle; it has, therefore, no commitment to any notional "national interest".

The use of the representatives of corporate power to provide advice on the means by which that power should be channelled in socially effective ways makes about as much sense as employing a local war lord to advise on the committee of Amnesty International. But despite its connotations, the practise of employing huge corporations to help devise precisely the laws which are supposed to regulate them is one which both the current and the previous Government have engaged in. At the time of the transition to the coalition government, Labour had already set up working groups for consultations regarding CFC reforms; panels which included representatives of HSBC, Vodafone and Shell — all major multi-nationals and all involved in controversies regarding tax evasion.

The current Government has an objective rationale for its position which isn’t simply an expression of neo-liberal ideology and partisan politics. These super-companies have genuine power — and the ability to decamp to another country taking thousands of jobs with them. Like petulant, spoiled children, they are always on the verge of tantrum, should their desires not at once be met. In the midst of an economic crisis there is a cogent argument that any single Government must of necessity make their tax rates as favourable as possible in order to attract those companies and secure those jobs.

But the problem with such an argument lies in its generalisation. If every government follows suit, slashing corporate tax over and over in order to remain competitive, and if all governments adhere to the strictures of such competition, we are at once locked into a downward spiral, a race to the bottom in which the benefits gained from corporation tax are increasingly illusory.

And it is important to recognise that this is exactly the type of cycle which got us here in the first place. We were sold on the need to slash regulations in the finance industry, and look what happened. By playing this game the government are not responding pro-actively to the crisis, they are adopting the very logic which led to it.

How can these companies be regulated? By people putting pressure on their governments for sure. But also by directly targeting the companies themselves through grass-roots activity and customer boycotts. Following mass protest, Starbucks was recently "persuaded" to agree to pay £10m in corporation tax in the UK for each of the next two years. A drop in the ocean certainly. But nevertheless an indication that, ultimately, it is the consumer who has the ability to make or break a company.

Innovate on the mirror, profit on the tractor. Photograph: Getty Images
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In praise of the late developer

The success of late developers proves that our obsession with early achievement is wrong.

A fortnight ago, I fell into conversation with the head teacher of a local school. “You’ve got to create room for late developers,” he said. “The obsession with early attainment doesn’t suit most children.”

We were soon finishing each other’s sentences – talking about long-term confidence rather than short-term hothousing, how children don’t develop in a linear way, and the value of having transferable skills rather than a single focus from a young age.

What a shame, I reflected, that his message doesn’t reach a wider audience. We hear so much about prodigies and precociousness – Serena Williams and her pushy father, Tiger Woods and “tiger mothers” – and so little of the counter-argument: the high achievers who emerge at a slower pace in more balanced circumstances.

Our conversation ended when we both departed to watch England play Scotland in the Six Nations tournament. Only then did I learn that the head teacher’s son Huw Jones was playing in the centre for Scotland. He scored two tries, just as he did last autumn in his home debut against Australia.

Jones’s career is a tacit endorsement of his father’s philosophy. In his penultimate year at school, Huw was still playing mostly in the second XV. Five years on, he is a burgeoning talent on the world stage. The two facts are connected. Jones didn’t just overtake others; he also retained the naturalness that is often lost “in the system”.

As boys, he and his brother made up their own version of rugby practice: could the ­attacker sidestep and run past the defender without setting foot outside the five-metre line? They were just having fun, uncoached and unsupervised. But their one-on-one game was teaching the most valuable skill in rugby: the ability to beat defenders in confined spaces.

Jones had access to superb opportunities throughout – at home, at Canterbury rugby club and then at Millfield, the independent school in Somerset well known for producing sportsmen. But at Millfield, he was far from being a superstar. He seldom played “A-team” rugby. The message from home: just keep enjoying it and getting better and eventually your time will come.

There was a useful precedent. Matt Perry, who won 36 caps for England between 1997 and 2001, had been a “B-team” player at school. What matters is where you end up, not who leads the race at the age of 16. Jones also developed transferable skills by continuing to play other sports. “Don’t specialise too early,” was the mantra of Richard Ellison, the former England cricketer who taught at Millfield for many years.

When Jones was 18 and finally blossoming in the school’s first XV, rugby agents started to take an interest, promising to place him in the “academy” of a professional team. “But I’d seen so many kids take that route and seen how bored they got,” his father, Bill, reflects. So Bill advised his son to go abroad, to gain experience of new cultures and to keep playing rugby for fun instead of getting on the tracksuited professional treadmill.

So Jones took a teaching job in Cape Town, where he played men’s club rugby. Instead of entering the professional system, as one of a bland cohort of similar-aged “prospects”, he served his apprenticeship among players drawn from different backgrounds and ages. Sport was shown to be a matter of friendship and community, not just a career path.

The University of Cape Town spotted and recruited Jones, who helped it win the South African university competition. Only then, in 2014, did British professional rugby teams start to take a serious interest. Jones, however, was enjoying South Africa and stayed put, signing a contract with the Stormers in the Super Rugby tournament – the world’s leading club competition.

So, in the space of 18 months, Jones had gone from being a gap-year Brit with no formal ties to professional rugby to playing against the world’s best players each week. He had arrived on the big stage, following a trajectory that suited him.

The level of competition had escalated rapidly but the tries kept coming. Scotland, by now closely monitoring a player qualified by birth, gave him his spectacular home debut against Australia last autumn – remarkable but not surprising. Finding his feet ­instantly on each new stage is the pattern of his career.

Those two qualities – first, instinctive ­try-scoring; second, a lack of vertigo – are connected. Amid all the jargon of professional sport, perhaps the most important qualities – freshness, ingenuity and the gift of surprise – are undervalued. Yet all of these rely on skills honed over many years – honed, but not dulled.

Shoehorning all young players into rigid, quasi-professional systems long before they are ready comes with risks. First, we seldom hear from the child prodigies who faded away (often damaged psychologically). Many players who are pushed too hard miss their natural learning arc; the narrative of their ambition, or the ambition imposed on them by parents, is often out of step with their physical and psychological growth. Second, systems have a habit of overestimating their contribution: they become blind to outsiders.

In a quiet way, Jones is a case study in evolved education and not just sport: a talented performer who was given time and space to find his voice. The more we learn about talent, as David Epstein demonstrated in The Sports Gene, the clearer it becomes that focusing on champion 11-year-olds decreases the odds of producing champion adults. Modern science has reinforced less frantic and neurotic educational values; variety and fun have their virtues.

Over the long term, put your faith not in battery farming but instead, in Bill Jones’s phrase, in “free-range children”.

Ed Smith is a journalist and author, most recently of Luck. He is a former professional cricketer and played for both Middlesex and England.

This article first appeared in the 23 March 2017 issue of the New Statesman, Trump's permanent revolution