Westminster Accounts: Lib Dem leader and ex-cabinet minister among MPs ‘avoiding taxes’ on second jobs
Two dozen MPs since 2016 have been paid for second jobs through personal service companies they have set up, a Sky News investigation has found.
It means these MPs can exploit the fact that tax rates on companies differ from those on employment, enabling them to reduce their tax bills on second jobs.
This practice is legal and common in certain industries, but some MPs appear to have taken further steps to reduce their taxes on non-parliamentary earnings.
Lib Dem leader Sir Ed Davey is one of 12 MPs to have received earnings from second jobs via companies owned partly or solely by their spouse, an arrangement accounting experts have said is often used to reduce taxes.
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Sir Ed and his wife also appear to have taken advantage of a loophole that allows reduced tax rates to be paid on money taken out of a company when it’s closed. More than £100,000 was sitting on the balance sheet of the company through which Sir Ed received payment for five second jobs held between 2017 and 2022, before the company was liquidated earlier this year.
Ex-cabinet minister Ranil Jayawardena, another to receive earnings from second jobs via a company owned with his wife, claims to have been doing two separate roles with the same company at the same time between 2017 and 2020 – an arrangement that may have afforded him further tax benefits.
Sky News spoke to more than half a dozen tax and accounting experts who confirmed that, while all payments are likely lawful, MPs can use these methods to reduce taxes on their earnings from second jobs.
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SNP questions PM on Westminster Accounts
Use of personal service companies enables taxes to be minimised
By setting up companies through which they offer their consultancy services – known as personal service companies – MPs pay corporation tax and dividend taxes on their non-parliamentary work, rather than income taxes, as they do on their MP salary.
In receiving money this way, some MPs can reduce their tax rate by around 5% on their additional jobs, depending on how much they’re earning.
But using these companies enables additional ways through which taxes can be minimised.
Giving spouses or other family members a salary or shares in the MP’s business can further reduce tax bills. If the family member is a basic rate taxpayer, they would pay tax rates almost four times lower on dividends received from the company than an MP, who are higher rate taxpayers.
Of the 24 MPs using these companies, 12 list a family member as a shareholder or director.
But perhaps the biggest tax benefit when using a personal service company comes when earnings from second jobs are built up in the company before it is closed down and liquidated.
Under these circumstances, tax rates on additional earnings for MPs – who pay 40% tax on the upper end of their £84,144 MP salary – can be as low as the 10% capital gains tax rate paid on assets when a company is closed.
Three MPs have liquidated companies through which they were receiving their second earnings and two of these – Sir Ed Davey and Robert Butler – had significant amounts of cash on the balance sheet when the companies were closed.
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Energy Destinations Ltd, the company Sir Ed’s earnings were paid into, was closed in June this year with £103,717 of assets distributed upon its liquidation. The company was previously transferred from Mr Davey to his wife in 2017, but he continued to receive more than £350,000 in payments from second jobs into the company until earlier this year.
‘It’s perfectly legal, but is it fair?’
HMRC introduced rules in 2016 to stop the practice of opening and closing companies as a means of obtaining relief.
The tax break can still be used however as long as the business owner doesn’t open a new company within two years doing similar work.
Ian Dickinson, tax director of UHY Hacker Young, said of people taking active steps in this way to reduce taxes on their work:
“It’s within that parameter of tax avoidance, which is perfectly legal, but is it fair?
“If you’ve got people exploiting the rules trying to pay as little as possible, using convoluted structures, that are well known but beyond the remit of the normal person, it just doesn’t sit right.”
Experts have criticised the wider system that encourages these arrangements. Judith Freedman, emeritus professor of taxation law and policy at the University of Oxford said: “We have a poorly designed tax system. We should be taxing people operating through different legal forms in far more similar ways.
“There’s the fact that you can convert your labour income into capital. That’s a problem. There’s the fact that you can income split. That’s a problem. And there’s the fact that you don’t pay any national insurance on dividends. That’s a problem”.
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MPs run the risk of breaking the rules
A spokesperson for Sir Ed said: “All of Ed’s business was entirely in keeping with the rules, and he has been fully transparent about it.
“Money that his wife earned also went into the company. All capital gains tax due on the proceeds will be paid.”
People close to Sir Ed were also keen to point out that the Liberal Democrat leader’s earnings helped fund care for his disabled son.
While the use of personal service companies to manage second-job earnings is legal, there is one area where tax experts have told Sky News that some MPs could be running the risk of breaking rules.
It relates to whether MPs’ second jobs are considered consultancy roles or whether they are deemed employment by a company. If the latter, additional taxes are likely due when receiving earnings through their own companies.
Three MPs – Mark Pritchard, Ranil Jayawardena, and Ed Davey – have taken on jobs that HMRC considers employment – non-executive directorships – while still receiving fees for these jobs through their companies.
It is possible to make a voluntary declaration to HMRC to ensure the correct taxes are paid on these jobs, but experts said that people typically rarely do so when receiving fees via a company. In these circumstances the company is an “unnecessary structure”, according to employment status expert Rebecca Seeley-Harris, although there is no evidence to suggest these three MPs have not made the required voluntary declaration.
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‘Ban MPs from working second jobs’
‘A dangerous operation’
Former environment secretary Mr Jayawardena had a particularly unusual arrangement, where he appears to have done two different jobs for the same company at the same time between 2017 and 2020.
His personal service company received share options valued at £20,000 per year from pharmaceutical company PepTCell Ltd in return for providing “a non-executive director for approximately four days a year”, according to his entry in the register of members’ financial interests. Companies House filings confirm Mr Jayawardena was a director of PepTCell.
But Mr Jayawardena also declared a second role as a strategic consultant with PepTCell at the same time, with his own company again receiving share options valued at £20,000 in return for four days work per year.
Ms Seeley-Harris noted that an arrangement like this would need to have clear delineations to ensure there weren’t tax issues, but that the nature of the two roles made this difficult.
“If you’re both a consultant and a non-executive director (NED), the consultant work has to be an entirely different piece of work. So you can’t give strategic advice to a company that you’re a non-executive director of, where your job as an NED is to give strategic advice.
“I’m surprised in this day and age that the accountants aren’t advising them that they can’t do that, it’s such a dangerous operation.”
Mr Jayawardena didn’t respond when asked for comment by Sky News.
World
US announces it will increase steps to limit revenue of Venezuelan president Maduro – as he begins third term
The US has announced it has increased its reward for information leading to the arrest of Venezuelan President Nicolas Maduro.
In a statement on Friday, the US treasury said up to $25m is being offered for information leading to the arrest of Mr Maduro and his named interior minister Diosdado Cabello.
Up to $15m is also being offered for information on the incoming defence minister Vladimir Padrino. Further sanctions have also been introduced against the South American country’s state-owned oil company and airline.
The reward was announced as Mr Maduro was sworn in for a third successive term as the Venezuelan president, following a disputed election win last year.
Sanctions from the US, UK and EU came as Maduro was sworn in for a third term as president. Pic: Reuters
Elvis Amoroso, head of the National Electoral Council, said at the time Mr Maduro had secured 51% of the vote, beating his opponent Edmundo Gonzalez, who won 44%.
But while Venezuela’s electoral authority and top court declared him the winner, tallies confirming Mr Maduro’s win were never released. The country’s opposition also insists that ballot box level tallies show Mr Gonzalez won in a landslide.
Nationwide protests broke out over the dispute, with a brawl erupting in the capital Caracas when dozens of police in riot gear blocked the demonstrations and officers used tear gas to disperse them.
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More than 2,000 demonstrators were arrested, and Mr Gonzalez fled to Spain to seek asylum in September.
While being sworn in at the national assembly, Mr Maduro said: “May this new presidential term be a period of peace, of prosperity, of equality and the new democracy.”
He also accused the opposition of attempting to turn the inauguration into a “world war,” adding: “I have not been made president by the government of the United States, nor by the pro-imperialist governments of Latin America.”
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The UK and EU have also introduced new sanctions against Venezuelan officials – including the president of Venezuela’s supreme court Caryslia Beatriz Rodriguez Rodriguez and the director of its criminal investigations department Asdrubal Jose Brito Hernandez.
Foreign Secretary David Lammy said Mr Maduro’s “claim to power is fraudulent” and that last year’s election “was neither free nor fair”.
“The UK will not stand by as Maduro continues to oppress, undermine democracy, and commit appalling human rights violations,” he added.
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Mr Maduro and his government have always rejected international sanctions as illegitimate measures that amount to an “economic war” designed to cripple Venezuela.
Those targeted by the UK’s sanctions will face travel bans and asset freezes, preventing them from entering the country and holding funds or economic resources.
World
Donald Trump says he’s ‘totally innocent’ and thanks judge moments before no-penalty sentence in hush money case
Donald Trump has been handed a no-penalty sentence following his conviction in the Stormy Daniels hush money case.
The incoming US president has received an unconditional discharge – meaning he will not face jail time, probation or a fine.
Manhattan Judge Juan M Merchan could have jailed him for up to four years.
The sentencing in Manhattan comes just 10 days before the 78-year-old is due to be inaugurated as US president for a second time on 20 January.
Trump appeared at the hearing by video link and addressed the court before he was sentenced, telling the judge the case had been a “very terrible experience” for him.
He claimed it was handled inappropriately and by someone connected with his political opponents – referring to Manhattan district attorney Alvin Bragg.
As it happened:
Trump sentenced in Manhattan court
Trump said: “It was done to damage my reputation so I would lose the election.
“This has been a political witch hunt.
“I am totally innocent. I did nothing wrong.”
Concluding his statement, he said: “I was treated very unfairly and I thank you very much.”
The judge then told the court it was up to him to “decide what is a just conclusion with a verdict of guilty”.
He said: “Never before has this court been presented with such a unique and remarkable set of circumstances.
“This has been a truly extraordinary case.”
He added that the “trial was a bit of a paradox” because “once the doors closed it was not unique”.
Pic: Reuters
Prosecutor Joshua Steinglass had earlier argued in court that Trump “engaged in a campaign to undermine the rule of law” during the trial.
“He’s been unrelenting in his attacks against this court, prosecutors and their family,” Mr Steinglass said.
“His dangerous rhetoric and unconstitutional conduct has been a direct attack on the rule of law and he has publicly threatened to retaliate against the prosecutors.”
Mr Steinglass said this behaviour was “designed to have a chilling effect and to intimidate”.
It comes after the US Supreme Court rejected a last-ditch attempt by Trump to delay sentencing in the case on Thursday.
Trump’s lawyers argued that evidence used during the trial violated last summer’s Supreme Court ruling giving Trump broad immunity from prosecution over acts he took as president.
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Trump appeared via videolink with his attorney Todd Blanche. Pic: Reuters
Trump’s hush money conviction in May 2024 means he will become the first person convicted of a felony to assume the US presidency.
He was found guilty in New York of 34 counts of falsifying business records relating to payments made to Ms Daniels, an adult film actor, before he won the 2016 US election.
Prosecutors claimed he had paid her $130,000 (£105,300) in hush money to not reveal details of what Ms Daniels said was a sexual relationship in 2006.
Trump has denied any liaison with Ms Daniels or any wrongdoing.
The trial made headlines around the world but the details of the case or Trump’s conviction didn’t deter American voters from picking him as president for a second time.
Trump appears in court during his trial. Pic: AP
What is an unconditional discharge?
Under New York state law, an unconditional discharge is a sentence imposed “without imprisonment, fine or probation supervision”.
The sentence is handed down when a judge is “of the opinion that no proper purpose would be served by imposing any condition upon the defendant’s release”, according to the law.
It means Trump’s hush money case has been resolved without any punishment that could interfere with his return to the White House.
Unconditional discharges have been handed down in previous cases where, like Trump, people have been convicted of falsifying business records.
They have also been applied in relation to low-level offences such as speeding, trespassing and marijuana-related convictions.
World
Family of Leicester City chairman killed in football stadium helicopter crash sue manufacturer for £2bn
Leicester City’s owners have launched a landmark lawsuit against a helicopter manufacturer following the club chairman’s death in a crash in 2018.
Vichai Srivaddhanaprabha’s family are suing Italian company Leonardo SpA for £2.15bn after the 60-year-old chairman and four others were killed when their helicopter crashed just outside the King Power Stadium in October 2018.
The lawsuit is the largest fatal accident claim in English history, according to the family’s lawyers. They are asking for compensation for the loss of earnings and other damages, as a result of the billionaire’s death.
The legal action comes more than six years after the fatal crash and as an inquest into the death of the 60-year-old chairman and his fellow passengers is set to begin on Monday.
Vichai Srivaddhanaprabha celebrating after Leicester City won the Premier League in 2016. Pic: AP
Mr Srivaddhanaprabha’s son Khun Aiyawatt Srivaddhanaprabha, who took over as the club’s chairman, said: “My family feels the loss of my father as much today as we ever have done.
“That my own children, and their cousins will never know their grandfather compounds our suffering… My father trusted Leonardo when he bought that helicopter but the conclusions of the report into his death show that his trust was fatally misplaced. I hold them wholly responsible for his death.”
The late Mr Srivaddhanaprabha’s company, King Power, was earning more than £2.5bn in revenue per year, according to his family’s lawyers. The lawsuit claims “that success was driven by Khun Vichai’s vision, drive, relationships, entrepreneurism, ingenuity and reputation.”
“All of this was lost with his death,” it adds.
The fatal crash took place shortly after the helicopter took off from Leicester’s ground following a 1-1 draw against West Ham on 27 October 2018.
The aircraft landed on a concrete step and four of the five occupants survived the initial impact, but all subsequently died in the fuel fire that engulfed the helicopter within a minute.
Thousands of tributes were left outside the ground in the wake of the tragedy. Pic: James Wilson/Sportimage
The other victims were two of Mr Srivaddhanaprabha’s staff, Nursara Suknamai and Kaveporn Punpare, pilot Eric Swaffer and Mr Swaffer’s girlfriend Izabela Roza Lechowicz, a fellow pilot.
Investigators found the pilot’s pedals became disconnected from the tail rotor – resulting in the aircraft making a sharp right turn which was “impossible” to control, before the helicopter spun quickly, approximately five times.
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The Air Accidents Investigation Branch described this as “a catastrophic failure” and concluded the pilot was unable to prevent the crash.
The lawsuit alleges the crash was the result of ‘multiple failures’ in Leonardo’s design process. It also alleges that the manufacturer failed to warn customers or regulators about the risk.
Sky News has contacted helicopter manufacturer Leonardo for comment.
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