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The committee will now take evidence on proposals for a local income tax. I welcome Angela Scott, who is head of the Chartered Institute of Public Finance and Accountancy in Scotland, and Don Peebles, who is policy and technical manager at CIPFA.
I will take the opportunity to make an opening statement. First, I mention a caveat. A formal consultation process is under way, and we are working on our submission to it. Any comments that we make today will be drawn from that submission, although it is a work in progress. I suspect that members will have an appetite for beans from the bean counters, but we are still working on some of the bean calculations. If we are unable to give answers on some matters, we will follow them up later and will send the committee a copy of our formal submission when we submit it to the Government.
Thank you. I welcome that statement.
Good morning. Will you elaborate on your point that the local income tax would have implications for the prudential borrowing regime and future capital investment? What did you mean by that?
If you do not mind, I will go back a wee bit in history. Before the Local Government in Scotland Act 2003, each local authority was given what was known as a section 94 consent. In effect, that was a cap on the amount of borrowing that they could undertake. With the passing of the 2003 act, decisions about levels of investment and, in turn, levels of borrowing reverted to local authorities. The act introduced the prudential borrowing regime, and decisions about borrowing are now for local authorities to make.
Your observations would apply if there was a nationally determined rate of local income tax, because there would not be that local flexibility. I presume, however, that that would not apply to the same extent if there was a locally determined rate of income tax, because it could be adjusted by 0.1p, or whatever. Is that correct?
Potentially, yes.
So there would be the same flexibility in funding as before. On another technical issue, is it possible to introduce a local income tax in Scotland—whether it is determined nationally or locally by councils—without the co-operation of HM Revenue and Customs? If it is possible, can you map out what would be required organisationally to raise such a tax on a free-standing basis?
It is perhaps appropriate in answering that question to talk about CIPFA's role in examining proposals for income tax over the past few years. In 2004, CIPFA was part of the balance of funding review group, which was formed for England and Wales specifically. It examined—as its title suggests—the balance of funding, and it considered which models of local taxation might be appropriate for the modern era. CIPFA was asked, as part of the review group, specifically to examine the prospect and possibility of introducing a local income tax. We undertook a fairly significant study on that, and reported back to the group. Again, at the specific request of the group, we came back with a review of a possible model of local income tax, which was a supplement to council tax. Although the group covered England and Wales, its remit was extended to consider what the likelihood of such a tax might be for the United Kingdom.
The Burt inquiry raised the question of who has the legal powers to collect income tax. You are better placed than we are to comment on that, but Sir Peter Burt said that local authorities have the legal power to collect the tax—ministers do not. There is a legal question behind the role of HMRC and whether ministers could use it.
With regard to who pays income taxes—or potential local income taxes—we have in the Scotland Act 1998 a definition of a Scottish taxpayer for the purposes of applying, if it were ever applied, a variable rate of the UK income tax, so there has been an attempt to define that.
We do not have the magic answer. You have just set out the arguments for a tax on property as opposed to a tax on individuals. That is why we need to discuss with HMRC its systems' capability and capacity to cope.
I do not want to put words in your mouth, but I think you are saying that if we had variable rates of local income tax, we would have to have a definition of residency, by reference to local authority, of every person in Scotland, which might change from year to year as people move in or out of an area. Is that right?
Indeed. As I understand it, the proposal uses the definition of a Scottish taxpayer in the Scotland Act 1998.
That is very helpful. Thank you.
Does CIPFA in Scotland have a view on the broad principle of moving from a property-based local taxation system to an income-based local taxation system?
The institute's preferred option is, for a number of reasons, the retention of a property-based tax. In our submission, we set out the principles against which we should test any system of taxation—whether it is a local income tax or a property tax—which include accountability, transparency, stability and predictability. Given those principles, our preference is for the retention of a property tax, but one that is more progressive.
CIPFA's response to some of what has been proposed is extremely interesting. You quite amusingly referred to yourselves earlier as bean counters. I have a problem with some of the beans that are missing—I refer to the beans that we might lose if we move to a person-based local tax, for example money that might or might not come from HM Government in the form of council tax benefit. There still seems to be a major shortfall in the Government's proposals in relation to what a 3p tax rate would bring in, against what is required to run services. What is CIPFA's view on the shortfall, the black hole—those missing beans, if you like—and how it can be adjusted or overcome?
The fact that there is a shortfall is not news to anyone. The consultation paper acknowledges that there will be a difference between the tax that would be collected and the amount that is required for local service delivery, although the terms "shortfall" or "gap" are not used; the term that is used is the "adjustment" that will be required, which we have taken to be a proxy for "shortfall".
Does the £750 million include or exclude council tax benefit? If we could overcome that problem, what rate would the tax collection have to be above 3p in the pound to overcome the shortfall?
The figure includes council tax benefit, on the basis that our expectation is that that would not fall to be a feature of the new system. If we were hypothetically to operate on the basis that the money could be recovered in some way, our estimate of the shortfall, based on the 3 per cent rate, is that it would be about £310 million. I stress that those are preliminary calculations for 2008-09—we will take the opportunity to refine and review them prior to our submission to the Government. We appreciate that, as Angela Scott said, there is an appetite for such a figure, so we are happy to talk about figures in broad terms to enable a debate and so that we can engage in debate with the committee.
The other consideration in respect of the gap is that if we change the system of taxation, we will be changing it for a significant period, so we cannot consider only today's potential gap—we must also consider the future gap. If you look at this as purely a matter of income and expenditure, it is difficult, given the ageing population and all that goes with it, to put a figure on the future cost of providing all the services that we currently provide. There is also a big question over the future costs of local authority services, which results in another question about the income that we need to sustain them.
I was going to ask a similar question to Mr Tolson's, so I will perhaps go back a little bit.
That is a question that we have asked. If the tax is set and the money collected locally, the process will be straightforward. However, if it is set nationally, how will the money be distributed? As members are aware, under the current system there is an equalisation between the council tax and the Government grant. In our submission to the Government, we intend to ask whether its aim is to maintain that equalisation throughout Scotland and, if so, what mechanism it will use to do so.
It is worth adding that the cash-flow element might well incur real costs. We are working with one local authority on a case study to establish what that cost might be. The benefit of such a study is that it might allow the Government to identify the costs of the system across the board. The local authority in question has estimated that it collects 95 per cent of its in-year collection by January, which means that it can start to plan for the next financial year. However, with a local income tax, not all revenues are collected in-year; we need think only of self-employed people, for example, to realise that there will have to be different payment arrangements. If there were to be a gap—of, say, eight weeks—between receipt by Government of the money and the payment of that money to local authorities in the first year of a new system, it would be possible to measure what the cash cost would be to the local authorities. I am reluctant to put a figure on it, but for large local authorities that one-off cost could run into millions of pounds.
I do not want to put words in anyone's mouth, but it sounds as though, given all the steps that will have to come between collecting the tax and distributing the money, a local income tax might be less local than has been argued.
At the moment, local authorities are responsible for chasing up such debt. When they set their budgets, they make an assumption at the outset about the likely level of non-collection, which is obviously why they have invested so much time and energy in converting people to paying by direct debit; after all, they want to get the cash into the bank as quickly as possible. One would have to assume that, if someone else were given responsibility for collecting the tax, they would also be responsible for chasing non-payments. As Don Peebles has made clear, all such activity incurs costs. Who would underwrite it? That is another question that requires an answer.
A question just occurred to me as Ms Scott was speaking. Do we have any idea of how many people in local authorities are engaged in council tax work? Surely, if such jobs are no longer to exist, a lot of people will have reason to worry about their employment.
We do not have those statistics, but I am sure that the Institute of Revenues Rating and Valuation will be able to supply the committee with them. However, we should remember that local authorities also collect water charges. Even if the council tax were, in effect, to be abolished, people would still have a role not only in that respect but in administering housing benefits and so on.
I have not come armed with employee numbers, but estimated council tax collection and administration costs in Scotland are about £40 million.
I take it, Ms Scott, that your mention of previous forms of tax referred to the poll tax. If so, I declare an interest, as I was one of those who were neither willing nor able to comply with that tax at the time.
Our view—in keeping with the view of almost certainly everyone else in the room—is that the council tax is a regressive form of taxation. Furthermore, we believe that, because a local income tax is more related to the ability to pay, there will be more elements of fairness in that system. However, restriction of the definition of income to earned income merely pares away the extent to which the tax would be fair. In that case, elements of a regressive nature would be introduced into the local income tax, which would mean that some of the criticisms of the council tax could—I stress "could"—be applied to the proposed local income tax.
You mentioned the restriction on the Scottish Parliament that means that it cannot consider unearned income. Do you feel that that represents an undue restriction on the powers of the Scottish Parliament?
We would be interested to hear more about why that restriction applies to that extent. To return, yet again, to the work that we did on local income tax in the balance of funding review, we concluded that it would be difficult to include unearned income because a raft of additional costs are associated with it. I speculate that it might be that the current proposals have learned from that. Although none of the problems that we identified is insurmountable, as we said earlier, it is important to appreciate that there are consequences that arise from that restriction, one of which is that the tax can be accused of being less fair because the only income that is targeted specifically is earned income.
On collection, you mentioned the question whether HMRC would have the responsibility for chasing up unpaid tax. Would it be fair to say that it would do that the same way as it does in relation to income tax? Surely the collection rates for income tax are higher than they are for council tax.
We do not have that information—I have yet to see what the performance levels for HMRC are in relation to income tax. Figures that will be published by the Convention of Scottish Local Authorities today will reveal an increase in council tax collection rates, which, in some local authorities, are as high as 99 per cent. I do not compare or contrast that with HMRC because I have not seen information on its collection levels. I would be interested to know the extent to which it can produce that information, because it is an important part of the debate.
It is a shame that we do not have a written submission from you, as that would have enabled us to do you the courtesy of examining your thoughts on the matter in more detail. As that is not the case, the questions that we can ask you are a little restricted.
Before I address your question, I will deal with your comment about the fact that you do not have a written submission. We came to the meeting with an understanding that we would not be making a written submission. The submission that we are preparing is for the Government's consultation and I ask committee members to respect the integrity of that process, as we do. As soon as we have prepared—
To be clear, the committee and I understand that you are here on that basis and we appreciate your attendance.
As soon as we have that information ready for public consumption, we will make it available to the committee and we will be happy to talk to the committee at any time about the detail of that submission. I understand and respect the frustration that you might feel in speaking to us today.
We know what the council tax situation is, but we are looking at the challenges and opportunities of a local income tax. For example, local authorities might not have to pursue non-payers, which would save them money. Further, if they were not administering the collection of council tax, that would liberate cash. There are all sorts of opportunities.
The institute's view is that a property-based tax should be retained, but that a number of reforms should be made to the council tax system. Revaluation is one reform that we would welcome, as well as a number of reforms around the benefit system. We have not counted the beans on that to an extent that would satisfy you, so we cannot supply you with relevant numbers at this point.
I am not frustrated that we do not have written evidence from you; I merely suggested that, if we had it, we would have been able to do you the courtesy of reading it before we talked to you. However, I am slightly frustrated that you can provide figures and estimates for the additional cost of the local income tax but not for what it would cost to revalue the council tax. You cannot do a cost-benefit analysis unless you look at both sides of the fence.
That extends to a whole raft of aspects of both the current system and the consultation document. You are quite right—we do not disagree. It is part of your role in converting the consultation document into a bill, and part of our collective responsibility, to make sure that the public know all the costs. The local income tax is one of a number of public policy issues that the institute is commenting on.
You said earlier that the cost of council tax collection would be about £40 million a year. Have you any ballpark figures for what it would cost to collect a local income tax, either nationally or by 32 councils with variable rates?
The most recent review that was conducted was the Burt review, with which I am sure the committee is familiar and to which we gave evidence. Burt used some of our evidence and undertook his own calculations. His determination at that time, which was three years ago, was that the annual estimated cost for HMRC would be of the order of £10 million. However, he cautioned that that figure was possibly understated. Burt also found that it was likely that there would be an additional cost for employers—his estimate was that it would be about £18 million per annum. That was for a local income tax; I do not recall whether he distinguished between a nationally set local income tax and one that was collected locally, but I am fairly certain that the £10 million was for additional costs for HMRC.
Is it logical to suggest that it is likely that it would be more expensive if there were 32 different collection rates?
That goes back to the capacity of HMRC's systems. Without knowing the system, the query is whether it would be capable of administering 32 different rates. It might have that capacity, so HMRC might be able to make the collection. We need engagement with HMRC to understand what its systems are capable of.
I have one other point. Adjustment was mentioned in the context of the £750 million shortfall, £440 million of which is connected to benefits, although I do not really want to go into that. You suggested that, regardless of the benefits issue, there would be a £310 million shortfall, which represents about 1 per cent of the annual Scottish block. If that money is not collected, does that mean that there will be a £310 million tax cut for the Scottish public?
My understanding is that if services were maintained at the current level, those resources would have to be found elsewhere from within the current Scottish expenditure block budget.
But if we were not able to raise those resources, for whatever reason, that £310 million would, in effect, remain in the pockets of Scottish taxpayers.
And not in the control of local authorities—
—and therefore not within their gift to spend on services.
What impact would that £310 million tax cut that we are all looking forward to have on local services?
The estimated tax take for 2008-09 is approximately £2.2 billion, and £300 million is a significant proportion of that. Under a nationally set local income tax, local authorities would not have the flexibility—other than by imposing fees and charges—to raise that money. It could come only from the Scottish Government.
I do not know whether the bean counters are frustrated by this, but when comparisons are done between the cost now and what the cost would be, it is put entirely in terms of what people would pay in tax. Is there any way in which you can quantify, in a way that people would understand, what it would actually mean if £300 million was taken out of local services? The tax rate could be set at 1p and we would all be better off by huge amounts, but how do you express the consequences? It has been suggested that the money will come in from somewhere else, such as national Government, but it is still a huge pot of money to take out of the system.
I suppose that one does not have to look much further than Aberdeen City Council, which had £27 million of savings. If we consider the decisions behind that £27 million, we are talking about schools and care homes.
Have you done any work on an equality impact assessment of the cost of services? To a person who has no family or is in work, it may be that the loss of £310 million-worth of services is not very great. For a family that has a child with complex learning needs, however, the demand on services is greater. Would you expect that there would need to be an equality impact assessment of the consequences of saying, "Well, we have to live with that level of cuts"?
We have not done that, but you make an interesting point about the fundamental nature of local government. Historically, local government was created to be there when people needed it. I often say that pre-marriage and children I never used public services; now I am constantly at their door. As a culture and a society, we have decided that we want those public services to be there when we need them, so that we can dip in and out. If people paid their part of the tax only when they needed it, that would be a radically different system from the one that our society currently has. As an organisation, we have not done that type of equality assessment, but I am sympathetic to what you are saying.
I will ask just one last stupid-person question. If national Government wants to get rid of council tax and wants an income tax of 3p in the pound to spend on local services, would it not be an awful lot simpler for it to admit that the tax is not a local income tax, and to use its power under the Scotland Act 1998 to vary income tax by 3p in the pound? Would that not raise the same amount of money?
With respect, that is one for the Government. The answer is that it would not raise the same amount of money. You would actually raise less with the basic rate than you would at 3p on the top rate. It is a different tax yield.
Do you want to see some numbers on that?
It is not a matter for a Government, in the sense that it could do that and it would be doing the same thing—it would be raising money at a national level to be distributed to local authorities. It could get rid of council tax and raise the money in that way and distribute it—but the funding shortfall would be bigger.
The restrictions on the tax-varying power mean that going down that road would not generate the amount of cash that would be needed. It comes back to not comparing apples with apples.
Under the tax-varying power, tax can be set only on the basic rate, whereas the proposal that we have in front of us is for 3p on the top rate.
The £310 million would equate to about 3 per cent of local government expenditure on an annual basis, if the whole 3 per cent fell on local government. Is that correct?
I understand what the impact would be on local authorities of a £300 million reduction—assuming that there would be a reduction. It would be an annual consequence, not just a one-off, because it would be a reduction in the annual tax take. As for what that would mean, I have already given an indication of what proportion that is of £2.2 billion. Given that there would be no local flexibility to raise income back to that level, the only logical consequence would be an adverse impact on service delivery, but that is more properly a question for local authorities.
Indeed, but it would not be year on year; it would be a one-off hit. It would not be a 3 per cent efficiency saving year after year; it would be 3 per cent once.
No, £310 million would be the annual reduction.
Aye, but it would not be £300 million in year 1, then £600 million and then £900 million, which is what a 3 per cent year-on-year efficiency saving would be.
It would be £300 million per annum.
You also have to factor in the volatility of the income base that you are taxing, so you cannot give any certainty about how much income the tax will generate. There is a potential gap as a consequence of volatility.
That goes up as well as down.
That is right.
Thank you for your evidence. As one of my colleagues mentioned, we look forward to seeing you in the future, further to your submission to the Government's consultation.
Meeting continued in private until 12:44.