Ethics Flashcards

(53 cards)

1
Q

fundamental ICAEW ethical principles?

A
  • integrity
  • objectivity
  • confidentiality
  • professional competence & due care
  • professional behaviour
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2
Q

PCRT?

A

professional conduct in relation to taxation

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3
Q

what is the PCRT for?

A

includes practical advice about ethical and legal issues arising during tax work

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4
Q

PCRT’s 5 standards?

A
  • client specific
  • lawful
  • disclosure & transparency
  • tax planning arrangements
  • professional judgement and appropriate documentation
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5
Q

client specific?

A

tax planning must be specific to a particular client’s facts and circumstances

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6
Q

lawful?

A
  • members must act lawfully
  • members must draw clients’ attention to material legal uncertainties
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7
Q

disclosure and transparency?

A

any disclosure must fairly represent all relevant facts

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8
Q

tax planning arrangements?

A

members must not encourage tax arrangements that:
- go against HMRC’s intention
- exploit loopholes

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9
Q

professional judgement and appropriate documentation?

A

members should keep notes of rationale behind judgements exercised

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10
Q
A
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11
Q

how does an individual dodge conflicts of interest when seconded to HMRC?

A
  • no involvement in matters relating to their employer
  • no involvement in matters relating to clients worked with when at HMRC
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12
Q

types of tax workers?

A

agent and principal

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13
Q

agent?

A

prepares document on behalf of client

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14
Q

principal?

A

provides advice on tax consequences of certain courses of action

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15
Q

do agents bear responsibility for their client’s documents?

A

no

they just prepare on client’s behalf

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16
Q

do principals bear responsibility for their client’s documents?

A

yes

principal is liable if advice is incorrect/inappropriate

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17
Q

agent/principal risk levels?

A

agent = low risk
principal = high risk

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18
Q

when accepting a new client, a professional accountant should…

A
  • consider potential threats to ethical principles
  • consider whether they’e competent enough
  • implement safeguards
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19
Q

engagement letter?

A

contract between accountant and client

sets out each party’s responsibilities

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20
Q

should there be an engagement letter covering each separate contractual relationship?

A

yes

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21
Q

who has an obligation to protect personal data?

A

anyone who handles personal data

under data protection act 2018

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22
Q

data protection act 2018?

A

obliges individuals to protect data

overseen by ICO

23
Q

who oversees data protection act 2018?

A

ICO

information commissioner’s office

24
Q

when must a breach of data protection be communicated?

A

ICO must be informed of a breach within 72 hours of a breach

25
non-compliance with data protection laws can lead to...
- a criminal conviction - a fine to the higher of 20m or 4% of firm's global turnover
26
principles under data protection act 2018?
- lawfulness, fairness & transparency - purpose limit - data minimisation - accuracy - storage limitation - integrity & confidentiality
27
how does PCRT advise data should be handled?
- computers should be secure - passwords should be kept safe - suspicious emails should be forwarded to HMRC phishing team
28
PII?
professional insurance indemnity protects a member against the cost of settling/defending against a client
29
must a qualified member of ICAEW in public practice have PII?
yes employed members will be covered by their employer's insurance policy
30
minimum indemnity amount if firm's gross fee income is less than 600,000
2.5x its gross fee income (minimum of 100,000)
31
minimum indemnity amount if firm's gross fee income is more than 600,000?
1.5m
32
tax evasion?
criminal offence evading tax through dishonesty
33
what happens if one fails to prevent employees/associated persons from committing tax evasion?
it's a criminal offence
34
how do businesses protect themselves against tax evasion liability?
- risk assessment - introduce further controls - perform due diligence - communicate offences to staff - monitor/review procedures - competent senior management
35
tax gap?
difference between taxes owed and taxes paid
36
what are HMRC using to counter against tax gaps?
data analytics
37
making tax digital? (MTDfB)
will abolish tax returns through introduction of digital tax accounts
38
who's required to use MTDfB systems?
all VAT registered businesses
39
when will making tax digital be introduced for income tax?
tax year 2026/27
40
defences against failing to report money laundering?
- if they don't know money laundering has occurred - if money laundering happened overseas where it is legal - if their safety was threatened
41
ECL?
economic crime levy a levy on entities that are regulated for money laundering purposes levy is used to tackle economic crime charged on regulated businesses based on their UK revenue
42
is ECL deductible for corporation tax?
no
43
ECL %?
- small size (<10.2m) = exempt - medium size (10.2m-36m) = 10,000 - large size (36m-1b) = 36,000 - very large (1bn+) = 500,000
44
when is ECL payable?
if it's based on income in FY24 payment is due on 30Sep25
45
what should happen when HMRC make an error in client's favour?
- member should inform HMRC - warn client of legal implications of not informing - discontinue work with client if they don't comply - keep record of correspondence
46
a deliberate attempt from an HMRC error is..
a criminal offence e.g., undercharged tax/interest
47
what should a member do if a client refuses to make appropriate disclosure of an HMRC error?
- cease to act for client - inform HMRC that you no longer work with the client - consider informing an MLRO
48
threats to fundamental principles?
- self interest - self review - advocacy - familiarity - intimidation
49
safeguards against threats?
- CPD/training - governance - review/monitoring - reporting system
50
money laundering ?
- handling of criminal property - involved with criminal property
51
anti money laundering procedures?
- appoint MLRO - appoint MLCP - register with supervisory body (ICAEW) - internal procedures - whistle blowing system
52
is it an offence to tip off a money launderer?
yes
53
for anti money laundering, how long should records of transactions be kept for?
5 years