Labour’s deputy leader Angela Rayner is facing fresh questions over her tax affairs – and there’s a feeling in Westminster that they will not be the last.
It’s the same allegation that keeps popping up around whether she paid enough tax on the sale of her home in Stockport in 2015.
She had bought her ex-council house and made £48,000 on the sale which, if it was not her principal property, would have been eligible for capital gains tax. Angela Rayner has always maintained this was her primary home and therefore she was exempt from this tax.
Today the Mail on Sunday claimed that according to its own analysis of her social media and Twitter accounts, it has evidence to suggest she should have paid more capital gains tax precisely because that house was not her primary property.
The paper says it has seen dozens of online postings made by the MP that show that during 2010-2015 she posted about her children and cats at her husband’s address – which was a house a mile away from hers – including a post captioned “just got back from work”.
Image: Pic: X / Angela Rayner
Image: Pic: X / Angela Rayner
Ms Rayner has said in the past that “as with the majority of ordinary people who sell their own homes, I was not liable for capital gains tax because it was my home and the only one I owned”.
She has always maintained she has done nothing wrong – she also said she had expert tax advice, which has “confirmed” her position.
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And speaking to Sky News’ Trevor Phillips, her shadow cabinet colleague, David Lammy, said she had the “full support” of the Labour Party.
“These smears… are not about Angela Rayner and her blended family,” he added. “It is about Tory chaos, ‘let’s distract and focus on this non-story’. She has played by the rules.”
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The rules around capital gains tax are somewhat complex.
Married couples can only have one principal residence for capital gains tax purposes but if the couple own more than one home then they are free to choose which is their principal residence.
And clearly social media postings are not conclusive.
The bigger problem for Ms Rayner politically is that she’s not currently willing to publish tax advice which she claims exonerates her and has not shown it to the party leader Sir Keir Starmer, and without that, the Conservatives are keen to carry on questioning whether she fully followed the rules around this property.
In response to the Mail’s claims, a Labour Party spokesperson said: “Angela and her husband mutually decided to maintain their existing residences to reflect their family’s circumstances and they shared childcare responsibilities.
“Angela has always made clear she also spent time at her husband’s property when they had children and got married. She was perfectly entitled to do so.”
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Whether she has broken the rules is unclear but what is becoming apparent is how quickly this is turning into a political headache for the Labour Party.
And tens of billions of pounds of borrowing depends on the answer – which still feels intriguingly opaque.
You might think you know what the fiscal rules are. And you might think you know they’re not negotiable.
For instance, the main fiscal rule says that from 2029-30, the government’s day-to-day spending needs to be in surplus – i.e. rely on taxation alone, not borrowing.
And Rachel Reeves has been clear – that’s not going to change, and there’s no disputing this.
But when the government announced its fiscal rules in October, it actually published a 19-page document – a “charter” – alongside this.
And this contains all sorts of notes and caveats. And it’s slightly unclear which are subject to the “iron clad” promise – and which aren’t.
There’s one part of that document coming into focus – with sources telling me that it could get changed.
And it’s this – a little-known buffer built into the rules.
This says that from spring 2027, if the OBR forecasts that she still actually has a deficit of up to 0.5% of GDP in three years, she will still be judged to be within the rules.
In other words, if in spring 2027 she’s judged to have missed her fiscal rules by perhaps as much as £15bn, that’s fine.
Image: A change could save the chancellor some headaches. Pic: PA
Now there’s a caveat – this exemption only applies, providing at the following budget the chancellor reduces that deficit back to zero.
But still, it’s potentially helpful wiggle room.
This help – this buffer – for Reeves doesn’t apply today, or for the next couple of years – it only kicks in from the spring of 2027.
But I’m being told by a source that some of this might change and the ability to use this wiggle room could be brought forward to this year. Could she give herself a get out of jail card?
The chancellor could gamble that few people would notice this technical change, and it might avoid politically catastrophic tax hikes – but only if the markets accept it will mean higher borrowing than planned.
But the question is – has Rachel Reeves ruled this out by saying her fiscal rules are iron clad or not?
Or to put it another way… is the whole of the 19-page Charter for Budget Responsibility “iron clad” and untouchable, or just the rules themselves?
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Is Labour plotting a ‘wealth tax’?
And what counts as “rules” and are therefore untouchable, and what could fall outside and could still be changed?
I’ve been pressing the Treasury for a statement.
And this morning, they issued one.
A spokesman said: “The fiscal rules as set out in the Charter for Budget Responsibility are iron clad, and non-negotiable, as are the definition of the rules set out in the document itself.”
So that sounds clear – but what is a definition of the rule? Does it include this 0.5% of GDP buffer zone?
The Treasury does concede that not everything in the charter is untouchable – including the role and remit of the OBR, and the requirements for it to publish a specific list of fiscal metrics.
But does that include that key bit? Which bits can Reeves still tinker with?
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