Why is tax avoidance a reason for letting people off tax?

Tax dodging, the Laffer curve, and the 50p rate

The reason given for cutting the 50p rate of tax to 45p was avoidance. It wasn't clearly phrased as such – most of the talk was about how it had raised less money than expected, or had changed behaviour in ways that harmed growth – but that is what it was nonetheless. To many, this will seem strange. "You avoided tax, so we will make you pay less". But it is an integral part of the line of thought that lies behind the cut.

Art Laffer first made the argument that cutting tax rates could boost revenue. The reasoning is broadly that, when the marginal tax rate (the amount you pay on each extra pound earned) gets too high, people start doing things to reduce their taxable income.

The palatable version is that they work less, because an extra hour of work no longer pays as well as it did, and this is probably true; there are certainly anecdotal tales of highly paid consultants turning down work later on in the year to spend more time at home.

The less palatable version is that they avoid more tax, because spending the money and effort required to set up a limited company, be paid "overseas", or funnel your income through a Swiss bank account in the name of your dog becomes more worthwhile the more it saves you.

Both of these "behavioural changes" are factored in to the Laffer curve, the rough prediction of how much revenue will be gained at various marginal tax rates. HMRC produced three such curves, each based around a different "taxable income elasticity" (TIE), a measure of how much an individual's behaviour changes given the tax rate:

They based their analysis around a TIE of 0.45 (a figure basically plucked from thin air – HMRC admit the evidence to choose is "extremely limited", and the studies they cite range from -0.6 to 2.75), which showed a peak of revenue at around 48 per cent. Quite why this then led the Chancellor to cut the rate to three per cent below that is unclear. If he wanted to raise revenue, his own analysis is showing that he's done it wrong.

The problem is, one thing which affects the TIE is the ease with which one can avoid tax. Make tax avoidance harder, TIE goes up, and the peak revenue rate increases. In fact, given the anti-avoidance measures announced at the budget yesterday, TIE will already be higher than it was at the time of the analysis, boosting the argument for keeping the 50p rate.

There is one massive category of avoidance which can't be cited as a reason for cutting the rate, however. The HMRC's stats show that £6.6bn less income was declared in 2010-11 due to it being "forestalled" – paid the year before, so as to take advantage of the lower rate. This is avoidance on a massive scale (Richard Murphy points out that it is £1.6bn more than the estimation for all tax avoidance in 2011), yet, contra Tim Worstall, it has no bearing on the decision on whether or not to cut the rate, because it can only ever be done once. 

By cutting the tax so early in its life, Osborne has ensured that we make the decision unable to know the full effect of cutting it. We can guess at how much will have been raised for the 2011-12 tax year, when forestalling was harder (although not impossible, and HMRC warn that it "continues to reduce revenues in 2011-12 and beyond"), but by the time we know for sure, it will be too late. The 45p tax will be in, and there won't be a "normal" year of the 50p rate to compare it to.

Tax dodging is an emotive issue. Credit: Getty

Alex Hern is a technology reporter for the Guardian. He was formerly staff writer at the New Statesman. You should follow Alex on Twitter.

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Brexit confusion is scuppering my show – what next?

My week, from spinning records with Baconface, Brexit block and visiting comedy graves.

I am a stand-up comedian, and I am in the process of previewing a new live show, which I hope to tour until early 2018. It was supposed to be about how the digital, free-market society is reshaping the idea of the individual, but we are in the pre-Brexit events whirlpool, and there has never been a worse time to try to assemble a show that will still mean anything in 18 months’ time.



A joke written six weeks ago about dep­orting eastern Europeans, intended to be an exaggeration for comic effect, suddenly just reads like an Amber Rudd speech – or, as James O’Brien pointed out on LBC, an extract from Mein Kampf.

A rude riff on Sarah Vine and 2 Girls 1 Cup runs aground because there are fewer people now who remember Vine than recall the briefly notorious Brazilian video clip. I realise that something that gets a cheer on a Tuesday in Harrogate, or Glasgow, or Oxford, could get me lynched the next night in Lincoln. Perhaps I’ll go into the fruit-picking business. I hear there’s about to be some vacancies.



I sit and stare at blocks of text, wondering how to knit them into a homogeneous whole. But it’s Sunday afternoon, a time for supervising homework and finding sports kit. My 11-year-old daughter has a school project on the Victorians and she has decided to do it on dead 19th-century comedians, as we had recently been on a Music Hall Guild tour of their graves at the local cemetery. I wonder if, secretly, she wished I would join them.

I have found living with the background noise of this project depressing. The headstones that she photographed show that most of the performers – even the well-known Champagne Charlie – barely made it past 40, while the owners of the halls outlived them. Herbert Campbell’s obelisk is vast and has the word “comedian” written on it in gold leaf, but it’s in the bushes and he is no longer remembered. Neither are many of the acts I loved in the 1980s – Johnny Immaterial, Paul Ramone, the Iceman.



I would have liked to do some more work on the live show but, one Monday a month, I go to the studios of the largely volunteer-run arts radio station Resonance FM in Borough, south London. Each Wednesday night at 11pm, the masked Canadian stand-up comedian Baconface presents selections from his late brother’s collection of 1950s, 1960s and 1970s jazz, psychedelia, folk, blues and experimental music. I go in to help him pre-record the programmes.

Baconface is a fascinating character, whom I first met at the Cantaloupes Comedy Club in Kamloops in British Columbia in 1994. He sees the radio show as an attempt to atone for his part in his brother’s death, which was the result of a prank gone wrong involving nudity and bacon, though he is often unable to conceal his contempt for the music that he is compelled to play.

The show is recorded in a small, hot room and Baconface doesn’t change the bacon that his mask is made of very often, so the experience can be quite claustrophobic. Whenever we lose tapes or the old vinyl is too warped to play, he just sits back and utters his resigned, philosophical catchphrase, “It’s all bacon!” – which I now find myself using, as I watch the news, with ­depressing regularity.



After the kids go to sleep, I sit up alone and finally watch The Lady in the Van. Last year, I walked along the street in Camden where it was being filmed, and Alan Bennett talked to me, which was amazing.

About a month later, on the same street, we saw Jonathan Miller skirting some dog’s mess and he told me and the kids how annoyed it made him. I tried to explain to them afterwards who Jonathan Miller was, but to the five-year-old the satire pioneer will always be the Shouting Dog’s Mess Man.



I have the second of the final three preview shows at the intimate Leicester Square Theatre in London before the new show, Content Provider, does a week in big rooms around the country. Today, I was supposed to do a BBC Radio 3 show about improvised music but both of the kids were off school with a bug and I had to stay home mopping up. In between the vomiting, in the psychic shadow of the improvisers, I had something of a breakthrough. The guitarist Derek Bailey, for example, would embrace his problems and make them part of the performance.



I drank half a bottle of wine before going on stage, to give me the guts to take some risks. It’s not a long-term strategy for creative problem-solving, and that way lies wandering around Southend with a pet chicken. But by binning the words that I’d written and trying to repoint them, in the moment, to be about how the Brexit confusion is blocking my route to the show I wanted to write, I can suddenly see a way forward. The designer is in, with samples of a nice coat that she is making for me, intended to replicate the clothing of the central figure in Caspar David Friedrich’s 1818 German masterpiece Wanderer Above a Sea of Fog.



Richard Branson is on the internet and, just as I’d problem-solved my way around writing about it, he’s suggesting that Brexit might not happen. I drop the kids off and sit in a café reading Alan Moore’s new novel, Jerusalem. I am interviewing him about it for the Guardian in two weeks’ time. It’s 1,174 pages long, but what with the show falling apart I have read only 293 pages. Next week is half-term. I’ll nail it. It’s great, by the way, and seems to be about the small lives of undocumented individuals, buffeted by the random events of their times.

Stewart Lee’s show “Content Provider” will be on in London from 8 November. For more details, visit: stewartlee.co.uk

This article first appeared in the 27 October 2016 issue of the New Statesman, American Rage