Chamber
Meeting of the Parliament 25 April 2013
25 Apr 2013 · S4 · Meeting of the Parliament
Item of business
Land and Buildings Transaction Tax (Scotland) Bill: Stage 1
The Scotland Act 2012 devolves responsibility for taxes on land and property transactions and disposal to landfill to the Scottish Parliament from April 2015. The bill sets out the provisions and rules for the land and buildings transaction tax, which will replace stamp duty land tax in Scotland from April 2015.
In my statement to Parliament in June, I set out the approach that the Government intends to take on the new taxation responsibilities that have been passed to the Parliament. The proposals are firmly founded on Scottish principles that still hold good today. In “An Inquiry into the Nature and Causes of the Wealth of Nations” in 1776, Adam Smith set out four maxims with regard to taxes: the burden should be proportionate to the ability to pay, and there should be certainty, convenience and efficiency of collection. Those principles provide the bedrock on which to build a system to meet the needs of a modern 21st century Scotland. To those four principles, the Government adds our core purpose of delivering sustainable economic growth for Scotland. In assessing the proposals that we have in front of us, I will consider the four principles that I have set out.
The Government has sought to use what responsibility we have for taxation to ensure that no one is asked to pay more than they can legitimately afford to pay in relation to tax provisions. The Land and Buildings Transaction Tax (Scotland) Bill signals a move away from the United Kingdom Government’s slab tax approach to stamp duty land tax, which distorts the market. Instead, we propose a progressive system of taxation in which the amount paid is more closely related to the value of the property and, therefore, to the ability of the individual to pay. That approach has been warmly welcomed by tax professionals and others during the public consultation process for the bill.
The second principle is the provision of certainty. We consider it important to provide certainty about when and how much tax is due, and that is an important guiding principle for our new system. The consultation on the bill has been extremely helpful and productive, and we will continue to engage with taxpayers and professionals to provide certainty and ensure that tax changes have been properly thought through and communicated before being introduced. Even when we require to move swiftly to tackle threats of tax evasion or avoidance, we will, wherever possible, seek to provide information and clarity about our intentions.
One of the opportunities before us is that of creating a simple and administratively efficient tax collection system. We will ensure that it is easy to fulfil the obligations of a citizen in Scotland to pay taxes. We envisage a system that is simple to operate and digital first. We will develop appropriate information technology systems to ensure that information about Scottish taxes and ways to pay them is easily accessible to all, in line with our broader objectives, while respecting the fact that some taxpayers will continue to want to use non-digital methods.
The fourth of the principles is that the tax system should be efficient. It is clear that taxes and revenues must be devoted to paying for public services and not consumed in tax administration. Scotland will benchmark itself against international standards to ensure that the administration costs are kept to a minimum. Our approach to tax collection is right for Scotland and it will be the most cost efficient for Scotland.
In my statement to Parliament in June, I set out the approach that the Government intends to take on the new taxation responsibilities that have been passed to the Parliament. The proposals are firmly founded on Scottish principles that still hold good today. In “An Inquiry into the Nature and Causes of the Wealth of Nations” in 1776, Adam Smith set out four maxims with regard to taxes: the burden should be proportionate to the ability to pay, and there should be certainty, convenience and efficiency of collection. Those principles provide the bedrock on which to build a system to meet the needs of a modern 21st century Scotland. To those four principles, the Government adds our core purpose of delivering sustainable economic growth for Scotland. In assessing the proposals that we have in front of us, I will consider the four principles that I have set out.
The Government has sought to use what responsibility we have for taxation to ensure that no one is asked to pay more than they can legitimately afford to pay in relation to tax provisions. The Land and Buildings Transaction Tax (Scotland) Bill signals a move away from the United Kingdom Government’s slab tax approach to stamp duty land tax, which distorts the market. Instead, we propose a progressive system of taxation in which the amount paid is more closely related to the value of the property and, therefore, to the ability of the individual to pay. That approach has been warmly welcomed by tax professionals and others during the public consultation process for the bill.
The second principle is the provision of certainty. We consider it important to provide certainty about when and how much tax is due, and that is an important guiding principle for our new system. The consultation on the bill has been extremely helpful and productive, and we will continue to engage with taxpayers and professionals to provide certainty and ensure that tax changes have been properly thought through and communicated before being introduced. Even when we require to move swiftly to tackle threats of tax evasion or avoidance, we will, wherever possible, seek to provide information and clarity about our intentions.
One of the opportunities before us is that of creating a simple and administratively efficient tax collection system. We will ensure that it is easy to fulfil the obligations of a citizen in Scotland to pay taxes. We envisage a system that is simple to operate and digital first. We will develop appropriate information technology systems to ensure that information about Scottish taxes and ways to pay them is easily accessible to all, in line with our broader objectives, while respecting the fact that some taxpayers will continue to want to use non-digital methods.
The fourth of the principles is that the tax system should be efficient. It is clear that taxes and revenues must be devoted to paying for public services and not consumed in tax administration. Scotland will benchmark itself against international standards to ensure that the administration costs are kept to a minimum. Our approach to tax collection is right for Scotland and it will be the most cost efficient for Scotland.
In the same item of business
The Deputy Presiding Officer (John Scott)
Con
Good afternoon. The first item of business this afternoon is a stage 1 debate on motion S4M-06294, in the name of John Swinney, on the Land and Buildings Tra...
The Cabinet Secretary for Finance, Employment and Sustainable Growth (John Swinney)
SNP
The Scotland Act 2012 devolves responsibility for taxes on land and property transactions and disposal to landfill to the Scottish Parliament from April 2015...
Mary Scanlon (Highlands and Islands) (Con)
Con
I am a member of the Public Audit Committee, which has been looking into the Auditor General for Scotland’s report on Registers of Scotland’s IT system. Para...
John Swinney
SNP
I would describe the position as work in progress. As I set out to Parliament last June, Registers of Scotland will be the collection organisation for the ne...
Kenneth Gibson (Cunninghame North) (SNP)
SNP
I am pleased to highlight key areas that the Finance Committee considered following its stage 1 evidence taking.The Scotland Act 2012 devolves a range of tax...
Ken Macintosh (Eastwood) (Lab)
Lab
The land and buildings transaction tax is, I believe, Scotland’s first new tax in 300 years. It stems from the conclusions of the Calman commission, establis...
John Mason (Glasgow Shettleston) (SNP)
SNP
Will the member take an intervention?
Ken Macintosh
Lab
I hope that Mr Mason can demonstrate a sense of humour.
John Mason
SNP
Does the member accept that, if the overall indication is that the effect will be broadly neutral, the room for manoeuvre is not huge? The position is not th...
Ken Macintosh
Lab
Indeed. I was just about to suggest to the cabinet secretary that, if he indicates to the committee and to Parliament when he has agreed on a date, so that w...
John Swinney
SNP
The point that I advanced at the committee is that I was not persuaded by a relief for a property transaction whereby the purchaser got the benefit of an inv...
Ken Macintosh
Lab
I welcome the cabinet secretary’s approach. I have sympathy for the non-renewal of a scheme for which there were no successful applications in Scotland.Howev...
Mike MacKenzie (Highlands and Islands) (SNP)
SNP
Does the member accept that, given the progressive nature of the tax, the proposed measure would help those who are further up the ladder more? Those are the...
Ken Macintosh
Lab
Mr MacKenzie raises an interesting point about our desire as a country to reduce carbon emissions. If carbon emissions on larger homes are greater, we need t...
Gavin Brown (Lothian) (Con)
Con
The Scottish Conservatives support the general principles of the bill and we will vote for it at decision time. Much of the bill and much of what the cabinet...
John Swinney
SNP
I confirm that there will be an indication of the licences that are included in the scope. The bill will specify which licences will be covered rather than s...
Gavin Brown
Con
That is helpful, and it is probably the right way to go about it, so I am even more encouraged on licences than I was to begin with.Before I get too carried ...
The Deputy Presiding Officer
Con
We now move to the open debate. I call Jamie Hepburn, to be followed by Malcolm Chisholm. We are a bit tight for time, so I give Mr Hepburn up to six minutes...
Jamie Hepburn (Cumbernauld and Kilsyth) (SNP)
SNP
I welcome this stage 1 debate. The bill is, of course, the first of three bills arising as a consequence of the Scotland Act 2012, and I look forward to scru...
The Deputy Presiding Officer
Con
You have 30 seconds.
Jamie Hepburn
SNP
The block grant will be reduced on a one-off basis for LBTT. We have to get that right. I say to Mr Macintosh that how fairly the Treasury plays on the matte...
Malcolm Chisholm (Edinburgh Northern and Leith) (Lab)
Lab
I am pleased to take part in this landmark debate, in which we are considering a tax bill for the first time in the history of the Scottish Parliament. I hop...
Stewart Stevenson (Banffshire and Buchan Coast) (SNP)
SNP
Although it closes a loophole, on 21 March 2012, the Chancellor of the Exchequer announced that, with immediate effect, there would be a 15 per cent stamp du...
Malcolm Chisholm
Lab
That is a fair point and I would not disagree.Ensuring that there is no tax avoidance is an important aspect of the bill. The general provision, which will b...
John Mason (Glasgow Shettleston) (SNP)
SNP
It is encouraging that there is widespread welcome for the replacement of SDLT with a simpler and more progressive tax, and especially for the replacement of...
Neil Findlay (Lothian) (Lab)
Lab
Given that John Mason has expressed his excitement about today, will he express some contrition about opposing the Calman commission and the Scotland Act 201...
John Mason
SNP
That question is not quite on subject. Given that Calman proposed a system of block grant reduction that would have damaged Scotland, I have to say that I am...
Michael McMahon (Uddingston and Bellshill) (Lab)
Lab
This is not the first time I have taken part in a stage 1 debate in which there has been very little to say that has not been said already by the time I have...
Mark McDonald (North East Scotland) (SNP)
SNP
I rise as a former member of the Finance Committee. Although I was not part of the stage 1 deliberations on the Land and Buildings Transaction Tax (Scotland)...
Alison McInnes (North East Scotland) (LD)
LD
I, too, welcome today’s stage 1 debate on the first of a series of bills that are being introduced as a result of a number of tax-raising powers being devolv...