Principles of Tax Flashcards
(164 cards)
The five fundamental principles of the IESBA Code of Ethics are:
Integrity
Objectivity
Professional competence and due care
Confidentiality
Professional Behaviour
Who makes a suspicious activity report?
MLRO as accountant responsibility only to report to these.
Which of the following are never a form of UK tax law?
-The annual finance act
-HMRC statements of practice
-case law
-statutory instruments
HMRC Statements of Practice
A Finance Act is an Act of Parliament and is therefore a source of law. Case law generally sets a
precedent which must be followed unless overruled on appeal or superseded by legislation.
Statutory instruments are a form of delegated legislation which are a form of law. Statements of
practice are merely a statement of HMRC’s interpretation of the law.
Define progressive and regressive taxation.(2)
A system whereby the overall proportion of taxation increases as income rises is known as a
progressive system.
Regressive decreases tax as income rises eg NI
What may a tax payer make appeals over?(7) What are certain conditions of an appeal?(2)
-An information notice
-Documentation request in course of compliance check
-Amendments made resulting from a compliance check
-HMRC’s right to raise a discovery assessment
-A discovery assessment
-A VAT assessment
-The imposition of a penalty
Must be made in writing within 30 days and state grounds, any tax due will have to be paid unless postponed, if not settled by agreement a first-tier tribunal hearing will occur
When does the financial year run vs tax year?(2)
Financial year is 1st april to 31st of march
Tax year is 6th of april to 5th of april
Indirect/direct principle
Paid by those who generate funds (direct), indirect are transaction based and related to consumption eg VAT
Case law fact.(2)
Many judgments from tax cases are precedent for future cases which means they must be followed
unless superseded by legislation or the decision of a higher court. Therefore, this is not guidance.
There is also no 12-month time limit and subsequent legislation can change the law
Unit/value principle
unit taxes are a flat rate per item eg beer duty depends on strength not price, value taxes are a percentage of value eg VAT
ability to pay/benefit principle
tax based on ability to pay or on benefit received argument.
Are HMRC involved in pension administration or child support?
No.
Describe a statutory instrument.(1)
Tax legislation, commonly in the form of Regulations, containing detailed provisions
How would you adjust personal allowance (PA) for those with income over 100k?
Deduct: net-100k*0.5
What is the startings rate tax for savings?
up to 5k only if savings income falls into the first 5k of taxable income-it may also be reduced or eliminated by non-savings,
What is the savings income nil rate band?
Available for those with income below 150k whos savings are not covered by SRB, it is 1000 for basic tax payers and 500 for higher
What are the income tax bands for dividends?
7.5, 32.5, 38.1
Note: First 2k. is nil
NOTE: The 2k reduces the bands for tax too eg 37700 to 35700
Explain gift aid and how you compute it depending on tax band.(4)
Extends tax bands for highers, tax efficient charitable donation gives 20% relief
In basic no adjustment is needed in income tax calc as appropriate amount of tax relief has been given at the source by paying net of basic rate income tax
For higher a max 20% relief is given by increasing the higher rate threshold by the gross amount of the gift
For additional a max of 25% is given to higher and additional thresholds
Reason is because its as if the income hadnt been taxed for income hence adjustment depends on tax band as this is what they have been taxed on.
What is something important to remember about marriage allowance?(1)
It doess not reduce liability or PA of transferee but reduces liability by 20%.
Calculating tax codes.(3)
Max of 3k underpaid can be collected through the tax code and will be deducted from PA! but needs to be grossed up
step 1: note allowances
step 2: IF allowances>deductions take net figure remove last digit and add an L
IF deductions>allowances take net remove last figure THEN deduct 1 and add K to front
If received marriage will be M if transferred will be N
What are badges of trade?(9)
-subject matter
-length of ownership
-frequency of similar transactions by the same person
-supplementary work and marketing
-circumstances responsible for realisation
-motive
-methods of finance used in acquisition
-method of acquistion and source
-similar transactions to those of existing trade
Ways of determining trade according to HMRC, trading-income tax, capital=capital gains tax
Trading allowance.(4)
-1k allowance for sole traders NOT partnerships
-if profits are less than 1k they are not taxable and do not need declared
-if more taxpayer can elect to deduct allowance from receipts rather than any actual expenses incurred
-IN EXAM assume TA applies if receipts less or equal to 1k and if more assume no election to use the TA has been made unless told otherwise.
NOTE: trading income=receipts-trading allowance or if less then not declarable
What quantifies a trivial benefit?(3)
-£50 or less-cap of 300 pa for certain directors
-it is not cash or a voucher
-it is not provided in recognition of services
What qualifies as an exempt employer benefit from income tax?(13)
-free/onsite canteen (available to ALL)
-sports facilities for EMPLOYEES not public and bicycles for ALL
-workplace childcare or vouchers for approved childcare
-one health screen per year and checkup, glasses and eyes tests up to 500 pa for treatment for return to work NOT private healthcare
-work buses and subsidies for public/travel expenses for disrupted travel and vehicle charging at or near work where it is ot a taxable vehicle PLUS provision of parking space
-employer pension contribution plus advice up to 500 pa
-mobile phone inc private use
-150 pa for social events -if more FULL amount is taxable not just excess and must be an annual event to qualify, if more than one total cost of events less than 150 will be exempt and the remainder will be taxable
non-cash service awards for more than 20 years or equal (max 50 per year of service)
-up to 5k in staff suggestion scheme
-8k removal expenses
-non-cash gifts from third parties up to 250 and entertainment provided by third parties no cap
-payments towards costs of working from home if >£6/week and work related training courses
-personal incidental expenses when away from home of 5 a night in UK and 10 abroad if limit exceed whole is taxable
What would classify as job-related accom?(2)
-Job-related accom is not taxable and would be classed as such if:
necessary for performance of duties
customary to be provided
provided for security
-For a director:
must own no more than 5% shares
-be a full time working director (unless NFP/charity)