Well-off families rort system

PM: Working for Families not 'fatally flawed'

BY VERNON SMALL
Last updated 12:23 18/08/2009

Relevant offers

Politics

Brownlee admits 'clown' comment went too far Halt oil exploration, Govt urged $1m jump in MPs' travel at election time One News investigated in police probe Maori queue-jumping for SOEs raised Seas law puts 'economy before environment' John Key's radio show referred to police Ties, boots and sausages on minds of new MPs Does David Shearer want to be Tony Blair? Row heats up over Whanau Ora funds

The Working for Families scheme was an important support tool but people were taking advantage of loopholes and must be stopped, politicians said today.

More than 9700 families receiving Working for Families credits own rental properties and are using losses on them to boost the amount they get from the taxpayer.

Other recipients of the scheme, introduced to help struggling families, are using trading companies, sheltered within trusts, to pocket tax credits even though they are earning well over $70,000, a high-powered review of the tax system has found.

The warnings, contained in Treasury advice to the Tax Working Group, throw doubt on the design of the previous Labour government's flagship tax credit scheme.

It says the rise in the top rate to 39 per cent in 1999 (since lowered to 38 per cent) and the introduction of Working for Families, which is calculated on taxable income and not total income, provided incentives to shelter or split income.

There has been an "obvious spike" in the number of taxpayers clustered around the previous top tax threshold of $60,000, indicating that trusts, companies and other savings vehicles were being used to shelter income from higher tax.

"There is also growing evidence that taxpayers that are not part of the target income group are receiving WFF tax credits by either reducing their 'income' as defined for WFF purposes and/or converting income into forms that are not treated as 'income' for WFF tax credit purposes."

There was also an incentive to maximise fringe benefits, such as using an employer's credit card. "This risk is particularly high with closely-held companies."

The group suggests income, not taxable income, could be the best way to assess the need for assistance.

A common way to rort the system was to set up a trading company within a trust. The company's income would be taxed but substantial amounts could be distributed from the trust and would not be taken into account for calculating Working for Families.

Mr Key said the fact that some families were structuring their affairs to limit tax liabilities and maximise allowances was well known.

He was happy that changes be made to close any loopholes as long as it did not change the integrity of the system.

''I think we can be pretty sure that they are rorting the system. The question is what happens next and what alternatives there are,'' he said today.

''I don't think it (Working for Families) is fatally flawed, but right from the get-go we have always been of the view that it is subject to these kind of abuses.''.

Ad Feedback

''If the tax working group can come up with a way of eliminating or reducing them that would be beneficial for everybody.''

In one example, a couple with two dependent children set up a family trust to own a construction company.

The husband drew a salary of just $27,303, or $525.06 a week, in 2007 as managing director of the company. But he also drew $67,000 in recent years from the trust, as well as other advances to him and his wife.

The company earned taxable income of more than $770,000 and paid $139,000 in tax-paid dividends to the trust. But the family was able to qualify for $10,348 in Working for Families assistance in 2007.

The group has modelled five "fiscally neutral" options to address the problem, including dumping Working for Families and dropping the top tax rate to 23 per cent (or to 30 per cent with a universal payment per child of $2000), or targeting assistance more tightly to low and middle income earners.

It has also considered the effects of increasing GST to 15 per cent, 17.5 per cent or 20 per cent. The group will present its final report to the Government in December.

ONE OF LABOUR'S BEST POLICIES

Labour leader Phil Goff said Working for Families had ''helped lift tens of thousands of children out of poverty''.

''It's one of the best policies that Labour introduced.

''If there are loopholes then certainly they should be closed,'' he told reporters today.

Finance Minister Bill English said ''People spend a lot of time organising their affairs'' around the different income, company and trust tax rates.

The Tax Working Group suggested total, not taxable, income be used as the basis for calculating the tax credit or reducing the top tax rate and getting rid of Working For Families.

It also suggested increasing GST from 12.5 per cent to between 15 and 20 perc ent.

Mr Key said the Government would take some convincing to implement some proposals.

''I am not a huge fan of doing that (raising GST) or a capital gains tax but let's let them do their work and see where they come back.''

Mr English said the Government was not ruling anything out but would make its own decisions based on ''the best advice''.

Raising GST ''obviously'' has a bigger impact on low income earners, he said.

''It may well be we just leave the tax system as it is, that's one possibility.''

Mr Goff said he would ''worry'' about the impact an increase in GST would have on families ''that are already struggling to make ends meet''.

Council of Trade Unions economist Bill Rosenberg said an increase in GST would ''hit low income families and workers hard''.

- with NZPA

- © Fairfax NZ News

17 comments
Post a comment
Murray   #17   01:12 pm Aug 19 2009

What you are saying (taking and recycling) might not necessarily stack-up with modern automated technology, Mike(#16)?

I am collecting my thoughts for advocacy for a return to progressive-marginal, personal income tax rates. When Muldoon introduced National Superannuation there was not a problem with it being universal, because the top marginal income tax rate was 66 cents per dollar and the universal NatSup increased taxable income - progressively, if you were a high earner you paid most of it back, and now, with Roger Douglas's GST another 12.5 cents/$ would go back that way.

When Phil Goff, prior to gaining good, consolidated support from Labour's caucus, mooted something akin to the redundancy payments which occured during the last major recession before being negotiated away as a consequence of National's Employment Contracts Act he was shot down in flames - welfare for the partners of millionaires. Goff actually had a very valid proposal. For a start, the genuine partners of millionaires would seldom be in the workforce, anyway. Is Mrs John Key? And Phil said his partner had opted to stop work because he earned sufficient, and yet he is understood not to be a millionaire.

Why should someone who has independently progressed through their education and career and is sharing part of his/her life for the sake of some mutuality all of a sudden be traumatised by total loss of independence solely due to some assessments concerning a cohabitating partner? National understood the issue, and somewhere I picked up about a suggestion that they raise the arbitrary partner's-earnings cut-off point. Goff was hesitant to suggest a cut-off. Under the Muldoon system it would not have mattered. If the millionaire's partner was working he would just be getting a bit of his tax back if she received income support when she was made redundant and traumatically lost her independent income.

Your point, Mike(#16), also fails due to the fact that we are not doing a lot of the things with our own money that we absolutely must do, and we are also creating insidiously toxic inequalities. An open and well-monitered state machine is able to make correction as it does the recycling.

We should be paying high taxes because:-

* We have a lot of debt to be repaid, much of which is public, but substantially it is private debt - taxes are able to discourage leveraged borrowing and further big-spending.

* We have to avoid a rapid escalation of debt - households have cut back on spending, but the government is rapidly putting us into hock.

* The income gap is intolerably disproportionate, and in itself facilitates an unaffordable consumerism and inefficiencies in production. Without the extreme income gap, an increase in GST might be fair. Adjustment transfers to low income earners are not relevant, as the toxic social inequalities continue to be exacerbated.

* We are not saving adequately and taxes facilitate credits to such tools as personalised KiwiSaver accounts and the NZ Superannuation Fund. A high marginal income tax system is able to build-in overt incentives to save and invest and manage resources and consequently discourage consumerism.

* New Zealand's counterpart debtor nations have the same problems to solve. Australia is not nearly as indebted as a nation, but there is high corporate debt and it does seek higher savings ratios. There should be some concurrence between debtor nations, so that higher taxation to solve chronic indebtedness minimises an imbalance of human resources.

I realise my comments are off-the-cuff and I leave myself wide-open to a bombardment - but that's blogging for you, isn't it?

Mike   #16   06:33 pm Aug 18 2009

The issue of WFF being a necessary assistance for some is not debatable; the question of whether WFF is the best means of providing that assistance is.

Taking tax from the earner's pay and then cycling it back to that same earner obviously has a cost - this cost could be avoided entirely by simply leaving the income in the earner's hands in the first place.

Adjust the taxation level appropriately, remove WFF entirely and reduce the non-productive bureaucracy to a more realistic level.

Swad   #15   04:15 pm Aug 18 2009

It is every citizens right to minimise their taxes. Governments have developed the habit of wasting hard earned taxpayer dollars, why would you want to give them any more than you have to? I'd sooner write a cheque out to a well run charity (and get the tax deduction!).

Delwyn   #14   03:17 pm Aug 18 2009

Re Peter #11, We too use our WFF to afford our children a parent at home.

We would get the same amount of WFF regardless of our LAQC losses so why just because we have an LAQC does this make us dishonest?

Socialist Craig   #13   02:37 pm Aug 18 2009

Working For Family was never about buying votes - it was about raising the level for all those hard working people, with families, on low incomes. Imagine if this country had no WFF or Social Welfare safety net, this nation would be a basket case with rampant poverty. I wonder what #2 and #3 would do if beggars came to their doors demanding charity - whinge at politicans to do something to address the issue.

It is easy to make ill-informed and disparaging comments from positions of privilege, eh #2 and #3. Business people running this country ... bah humbug. Did not anyone tell you, this current recession is due to capitalism failing.

andy   #12   02:10 pm Aug 18 2009

# Peter, couldnt agree more

Peter   #11   02:03 pm Aug 18 2009

WFF has worked well for us.The extra money is being spent on our son allowing a parent to stay at home to see to his needs properly.This will (hopefully) ensure that he doesn't become a pain to society in the future.Of course some people will try & rip the system off, nothing new there,it's part of human nature unfortunately.

Also part of human nature is nasty little selfish right wing nazi's who have no compassion for their fellow man/woman

Life goes on.

Murray   #10   01:18 pm Aug 18 2009

Well, it looks as though Ian McKinnon(#2) and Fred(#3) are recommending that John Key be sacked because basically the Prime Minister agrees with the scheme. Of course, he has just had a beer with Vice Chancellor Steve Maharey who considers Working-for-Families to be the foremost achievement of his time to date in politics.

I am quite sure that both the Prime Minister and the Finance Minister realise that, as the new government, if Working-for-Families had not been in-place/up-and-running when so many families are affected by the recession and rising food prices, their job to contain public discontent would have been a lot more difficult. It is the one thing that has helped spread the burden as National has had a paucity of ideas of its own, and has foresaken the necessary revenues to do anything by giving year-on-year April 1 tax cuts to the big foreign currency spenders, and has locked itself into an untimely "lower tax on high incomes" philosophy.

Actually, I have to say that I like Prime Minister John Key's response, or at least I am reading a bit of hope into it. The Opposition had better get its thinking cap on, because it has to be a jump ahead on this one (taxation reform) and it will not be able to afford to miss a trick - it had better know what it wants, and for whom it wants it.

I regret Mr John Bongard's bad health. In 36 years going from the new boy to CEO of one of New Zealand's major manufacturers he must have made interesting observations regarding the ever-increasing income gap. The boss used to get 20% more and the big-boss 10X more. Now the boss gets 2X and and the big-boss 100X as much. I am able to appreciate the arguments of some academics (not NZ) who maintain that these inequalities (and actually, inefficiencies) are fundamental to major socio-economic problems.

I regard that across the deficit nations it is imperative that this imbalance be addressed, and the taxation regime is the most important tool. I am watching out for concurring thoughts.

Delwyn(#5) has pointed out that there might be a flaw in the points put by this article. The MSM do gain their own mindsets and they then fail to give balanced reporting, but push their own barrow, as it were. Rather than being "targeted taxation relief", the MSM have always considered WFF to be a welfare benefit.

Other examples of this "obsessive" activity by the MSM are 1)the way it hyped-up Don Brash's playing the race card until the hysteria subsided and 2)the way it gave the impression Dr Cullen was "stealing" taxpayer's money by not giving tax cuts and boycotted economic professionalism.

The Prime Minister has been rational - very rational. Without looking at it too closely, I suggest that the family mentioned above might well have gained their $10,000 from conventional across the board tax cuts if there had not been a targeted taxation regime. That family positioned itself for the targeted taxation relief - not for a welfare rip-off, because WFF is not "welfare" (I would argue with the MSM).

I also think we have to be careful to distinguiah wealth, and possibly good stewardship of resources, from the very different issue of manifold high income.

Mandy   #9   12:35 pm Aug 18 2009

Totally Agree with you Angie #4 (and Andy #6). I have used WFF when off on maternity leave for a year, it was a lifesaver. Thanks Labour. Angers me that dishonest and greedy people are taking advantage......again.

Giovanni   #8   12:34 pm Aug 18 2009

This is a brilliant quote from Bill English: 'People spend a lot of time organising their affairs' around the different income, company and trust tax rates.

He would know, wouldn't he?


Show 1-7 of 17 comments

Post comment


Required

Required. Will not be published.
Registration is not required to post a comment but if you , you will not have to enter your details each time you comment. Registered members also have access to extra features. Create an account now.


Maximum of 1750 characters (about 300 words)

I have read and accepted the terms and conditions
These comments are moderated. Your comment, if approved, may not appear immediately. Please direct any queries about comment moderation to the Opinion Editor at blogs@stuff.co.nz
Special offers
Opinion poll

Should Waitangi Day be used as a chance to party?

Yes, it is a good day to relax and let off steam.

No, it should be a day of reflection and respect.

I don't care. Everyone is different.

Vote Result

Related story: Disgust at drunk Kiwis in London

Featured Promotions

Sponsored Content