PAYE – to pay or not to pay?
When British builder Haymills collapsed last year, an uncomfortable question about PAYE emerged as the dust began to settle.
In response to questions in Parliament, Chief Minister Peter Caruana revealed that a company part-owned by Haymills owed the public purse hundreds of thousands of pounds in unpaid taxes.
Mr Caruana did not provide the exact amount owed by Labour Hire (Gibraltar), but he described it as “a very, very substantial sum of money.”
“It’s not a million miles from a seven-figure sum,” the Chief Minister told Parliament at the time.
Labour Hire (Gibraltar) was half-owned by Haymills (Gibraltar), which went into liquidation along with several subsidiaries after its UK parent folded as a result of the economic crisis.
The remaining stake in Labour Hire (Gibraltar) was owned by Berrylea, another construction company that carried out extensive work for Haymills but ceased trading in 2008 leaving a trail unpaid debts with local suppliers.
Mr Caruana told Parliament that another company also owed arrears of PAYE and social insurance.
PCG Group, which worked under contract to the Ministry of Defence, went into liquidation owing “substantial six-figure sums”, the Chief Minister said.
The revelations drew a sharp response from Gibraltar’s opposition parties, who said large companies were being allowed to run up tax debts while smaller businesses were chased aggressively.
“The Government seems to be more lenient with large companies that owe large amounts than with smaller businesses who owe considerably less,”said the GSLP/Liberals in a statement at the time. “Indeed, while many small businessmen are called up by the tax office and reminded to pay their taxes on the 15th of every month, as stipulated in the law, the big fish who owe hundreds of thousands of pounds in taxes seem to be immune from this treatment and get away with it.”
“There can be no other explanation as to why such a huge sum of money is owed in taxes.”
The PDP expressed similar sentiments and asked why the debts run up by Labour Hire (Gibraltar) had not been picked up sooner.
“The Government should be monitoring such matters much more closely and not allowing companies to build up hundreds of thousands in tax or social insurance debts,” said PDP executive member Gigi Sene.
The Government roundly rejected the criticism and said Haymills, which had been widely regarded as a reputable British company, had succumbed to dire market forces.
It said Haymills itself had been up to speed with PAYE and social insurance contributions. Debts owed by a part-owned subsidiary could not be deducted from payments to Haymills for work done under contract to the Government.
As for the claims of discrimination, those too were off the mark according to the Government.
“The tax office has one policy and practice for all tax defaulters,” a spokesman said at the time.
“The allegation that there is preferential treatment for big companies compared to small companies is unfounded and untrue.”
And as Gibraltar moves into a new tax regime this year, Mr Caruana warned that officials would adopt a tougher approach to those who default on tax payments.
Speaking at the Chamber’s annual dinner in November, he said the new 10% tax rate would represent a very significant reduction in tax for most businesses.
“It is inevitable that its introduction will be accompanied by a new, more aggressive approach to collection, compliance and enforcement,” he said.
“Now, therefore, seems a good time for those of whom it is not already the case to put their house in order in respect of corporation tax, PAYE, Social Insurance contributions and correct registration and contractual classification of employees.”
“This also is a vital element of the much wanted ‘level playing field”.

Comments(0)




