exclude companies like his from acquiring the status — they have to be owned by lots of people, or be “open”, not “close”, as the law defines it.
Yet Tice was able to benefit from a loophole. Quidnet had a three-year grace period — starting then, in September 2018, and ending in September 2021 — in which it could find new investors in order to meet the conditions for permanent existence as a REIT.
Tice did not use the time as intended. He never secured anything like the number of outside investors required. In fact there is no evidence he shared investor materials publicly and when we asked for a copy of such information, he declined, citing “confidentiality”. While Tice brought on board some colleagues as small shareholders, and an investor operating via the Channel Islands, he always owned more than 90 per cent of the company and so was forced to forfeit the status after two years and 11 months.
Yet in the meantime, his company enjoyed all the tax-perks of REIT status, and did not have to pay a penny in corporate tax on its profits. That amounted to a saving of £600,000. Tice's shareholder structure made him further savings. One requirement of REITs — even those in the “grace period” — is that they
Tice with Farage and other Reform members at the party conference in September
JACK HILL FOR THE TIMES
regularly shell out profits in payments to shareholders. Tice was, for all intents and purposes, the owner of the company but he did not own all of its shares personally. If he had, he would have paid income tax on any payments, but, instead, several of the entities that owned slices of the pie on his behalf were not required to pay any tax at all due to their status.
When The Sunday Times first revealed his unusual company structure last month, Neidle, the tax expert, said the arrangement looked “aggressive”.
Tice said there was no problem. He avoided tax, did not evade it, and had done nothing wrong, he claimed. To such criticism, Tice had a simple narrative. He said the story was a “smear”. He said Neidle, whose investigations have covered Keir Starmer and Angela Rayner as
well as Nadhim Zahawi, was biased in favour of Labour. He opened a Reform conference in Westminster on March 16 by selectively quoting from The Sunday Times's output the previous day and, when asked if Britons should avoid as much tax as legally possible, said “yes”.
The tenor of the conversation changed last Sunday, however, when this newspaper further reported that, for all the legitimate, and apparently legal, tax perks of its status, Quidnet had actually broken the law. One thing REITs are required to do is deduct a certain amount of tax before making payments to certain kinds of shareholders. But Tice did not do this. HMRC was left at least £91,000 out of pocket as some investors received payments that were far too large. This time, Tice described it as a “tax
technicality” and offered a political, rather than legal argument: he claimed that by overpaying himself, he had ended up paying more income tax, meaning the taxman eventually received the same sum anyway. When asked to give evidence of this, he refused. In addition, there is no legal way for a company to write off its tax bill simply because another party has paid more tax as a result of the company's previous non-payment.
The day after that story was published, Farage was asked about the failure and responded abruptly, telling a reporter to give him a “lecture” on the nature of REITs.
Today's disclosures reveal Tice repeatedly signed off accounts describing the payments made to Tisuns 1-4 as something specialists say they were not — ordinary dividends — when they could only have been PIDs, meaning tax should have been paid. Over several years, the accounts, which were personally signed off by the Reform deputy leader, include a line for the “expected” tax bill — the amount the company should have paid — followed by a section headed “dividend income”, which shows the profits for the previous year being deducted from the bill. By the following line, the “actual” tax bill is zero. Last week Tice refused to respond to analysis
indicating that, in fact, every penny should have been taxed at the normal rate of corporation tax.
To a layperson, accounts are difficult to comprehend and often include complex accounting jargon. But, thanks to a feature of modern accounting, we are able to confirm that Tice did indeed state that the tax could be written off as tax-free dividends. Since 2011, all UK companies have been required to submit accounts to Companies House, the UK's official government registrar of companies, in a format known as iXBRL, which means they can be read by a computer as well as humans. Such data is published and is available to the public.
The iXBRL files for the Tisun companies show that Tice, as director, completed his accounts using CCH, a piece of software run by Wolters Kluwer, a Dutch firm. It also lets us see exactly what steps Tice, or his accountant, took when using the software to generate certain sections. In particular, we can see that the Tisun entities filled in the tax section by reporting the amount of money received in property income distributions (PIDs) as dividends instead — and inserted the total payments received into a section called “dividend income”.
This human act led to the generation of an invisible tag —
Tax Increase Decrease From Effect Dividends From Companies — which means the tax bill has fallen because of the effect of dividends being taken into account. Adam Mohamed, of the Financial Reporting Council, confirms the code generated represents “the adjustment to the total tax charge caused by dividends received from companies being taxed at a different rate than the [normal] rate”.
During the period in question, Tisuns 1-4 transferred their profits to their parent group, Tisun Investments Ltd. During the Brexit Party's transition to Reform UK, the limited company was one of Farage's largest funders, making several dozen loans worth more than £1 million and later converting them to the gifts.
Without the money, Reform would have been deprived of one of its biggest sources of income at a time when it was recovering from the 2019 general election, in which it ultimately agreed to stand down most candidates and was preparing to become a major force by the time of the next election.
For that, Farage has Tice to thank — and Tice, it seems, has even more questions to address.