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Caterer & Hotelkeeper Magazine

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Tips clampdown is a tax too far

Forbes Mutch
Tuesday 20 May 2003 16:19
Knock, knock. There's a man from the Inland Revenue at the door. Indeed, knock, knock is all you seem to get these days trying to run a business - one setback after another.

As if the global picture wasn't bad enough - what with war, pestilence and famine (well, Iraq, Sars and a downturn in consumer spending) - along comes someone you might have hoped would be your ally in times of crisis. But nothing could be further from the truth as - bang - there's another smack in the face.

Rather than think of ways to stimulate the revival of the hospitality industry - with a moratorium on VAT perhaps, or extra money for tourism - the Government has done the reverse by launching a massive offensive against tronc schemes, the method by which many restaurants pass on staff gratuities.

It seems that many such systems are being mismanaged, which means they don't comply fully with the law, often bypassing national insurance payments, for instance.

Clearly, such activity shouldn't be condoned - what is owed to Caesar should always be paid to Caesar - but by applying the six-year rule and backdating the investigations for the whole of that period, isn't the Government taking enforcement of the law too far?

If restaurants are not administering tronc schemes legally, they should be called to task. However, it is quite likely that, in many cases, it will be ignorance that has led to misdemeanour. Surely a bit of patient instruction and the chance to get it right in future would tackle the problem - not a draconian judgement and a big bill going back several years?

It's estimated that many small businesses will be forced into receivership by the unexpected need to play catch-up with national insurance contributions. But it's difficult to see how sending employers to the wall is going to help a sector of the economy already on its knees.

So, Mr Tax Inspector, by all means encourage us to get our house in order, teach us what to do, but don't be retrospective about it. Not right now.

Forbes Mutch, Editor, Caterer & Hotelkeeper

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