Question 1: Ethics and Theory Flashcards

(37 cards)

1
Q

What is the Principle of Equity in Adam Smith’s Canon’s

A

Equity means taxpayers should contribute according to their ability to pay—those with higher income or wealth should bear a greater share.

Horizontal equity: Individuals in similar financial circumstances should pay similar taxes.

Vertical equity: Individuals with greater financial capacity should pay more.

Helps reduce tax avoidance and increase public trust.

Example: Higher earners paying higher income tax rates reflects vertical equity.

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2
Q

What is Horizontal Equity in Taxation, What are the Main Challenges

A

Horizontal equity means treating individuals with similar economic positions equally

Challenges include:
Defining what counts as “similar position” (e.g. salary vs. dividends).

Comparing different income types and sources (e.g. capital vs. earned income).

Time-based comparisons: Should burdens be equal annually or over a lifetime?

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3
Q

What is Vertical Equity in Taxation, What are the Main Challeneges

A

Vertical equity requires individuals with greater ability to pay to contribute more.

Challenges include:
Determining appropriate tax brackets and rates.

Measuring ‘ability to pay’ beyond income (e.g., wealth, family obligations).

Designing a progressive system without disincentivising work or investment.

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4
Q

What is the ‘Ability to Pay’ Principle

A

This principle suggests taxes should be based on a person’s financial capacity.

Justifies progressive taxation (higher income = higher tax rate).

Supports the idea of equal sacrifice: those with more can afford to give more.
Challenges: Difficult to measure total ability (e.g., hidden wealth, debts).

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5
Q

What’s the Benefit Approach Principle, What issues arises from it

A

States that people should pay taxes in proportion to the public services they use.

Advantages:
Seen as fairer in some contexts (e.g., fuel tax for road users).

Issues:
Hard to measure individual benefit.

May conflict with redistribution goals.

May disadvantage low-income earners who use more public services.

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6
Q

Why is Equity a CENTRAL Characteristic in Tax System

A

Public support relies on perceived fairness.

Examples:
UK Poll Tax (flat tax) riots due to perceived unfairness.
Criticism of multinationals (e.g., Starbucks, Google) paying low UK taxes.

Studies show people prefer fairness over simplicity in real-world systems.

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7
Q

What is the Certainty Principle in Taxation, Why is it important

A

Tax rules must be clear so taxpayers know how much, when, and how to pay.

Minimises opportunities for evasion and dispute.

Builds trust and voluntary compliance.
Example: Clear income tax brackets and HMRC guidance promote certainty.

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8
Q

What is the Canon of Convenience for Taxpayers

A

Taxes should be collected in ways that are easy and timely for taxpayers.
UK examples:

PAYE system: Taxes deducted from salaries automatically.

Tax at source: On interest and dividends, reduces admin burden.

Impact: Improves compliance and reduces administrative costs.

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9
Q

What does Efficiency mean in Taxation, How is it Achieved

A

The tax system should collect needed revenue with minimal economic distortion.

Avoids deterring productive activity like working or investing.
Efficiency includes:

Low collection/admin costs.

Minimising avoidance.

Not distorting markets.

Example: A broad-based VAT with few exemptions is efficient.

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10
Q

What is the Flexibility Principle in Taxation

A

Flexibility allows tax systems to adjust with economic changes (e.g., inflation, growth).

Helps maintain stable revenue and respond to new challenges.

UK Example:
Income tax revenue rises automatically with wages (fiscal drag).

Budget adjustments can quickly tweak tax rates or thresholds.

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11
Q

Can the Characteristics of a good tax system conflict

A

Yes, conflicts often arise—e.g., between equity and efficiency.

A highly progressive tax might reduce work incentives (efficiency loss).

Simplicity might conflict with fairness (e.g., flat vs. tiered rates).

Key judgment: Policymakers must prioritise based on context—equity and admin efficiency are often given more weight.

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12
Q

How do Taxpayers perceive trade offs between simplicity and equity in taxation

A

While people claim to prefer simpler tax systems, studies show they prioritise fairness.

Simplification can unintentionally benefit the wealthy or reduce progressiveness.

Complex systems may be fairer if tailored to real-life circumstances.

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13
Q

What is the Income Tax Base in the UK, What are the Key Features

A

Income is a primary tax base in the UK.

Taxes levied on income include Income Tax (IT) for individuals and Corporation Tax (CT) for businesses.

Income includes wages, dividends, rent, interest, and business profits.

Income tax is usually progressive, aligning with the Ability to Pay principle.
Example: A person earning £80,000 pays a higher percentage of tax than someone earning £20,000.

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14
Q

Concept of Comprehensive Income Tax

A

Proposes equal treatment of all income sources—no distinction between income and capital.

Would eliminate need for inheritance tax, gift tax, and possibly CGT.

Problems:
Difficult to calculate asset value changes annually (e.g., pensions).

Could cause income fluctuations year to year → need for income averaging.

Requires assigning retained company profits to shareholders, creating complexity.

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15
Q

What is the Capital Tax Base in the UK

A

Capital includes wealth and asset ownership.

UK taxes include:
Capital Gains Tax (CGT) for individuals.
Inheritance Tax (IHT) on wealth transfers at death.
Corporation Tax on chargeable gains for companies.

Capital taxes often complement income taxes, targeting wealth accumulation.
Example: Selling shares for a profit above the CGT allowance triggers a CGT liability.

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16
Q

What is the Consumption Tax Base

A

Taxes levied when goods/services are purchased or consumed.

UK examples include:
Value Added Tax (VAT) (standard rate 20%).
Excise Duties (e.g., on fuel, alcohol, tobacco).

Typically regressive, as they take a higher proportion of low-income earners’ spending.

Example: A £10 VAT on essential items hits lower-income individuals harder as a percentage of income.

18
Q

What is a Proportional Taxes

A

Also known as a flat tax.

Takes a constant percentage of the tax base regardless of income level.

Marginal = average tax rate.
Example: A flat 20% tax on all income, whether you earn £10,000 or £100,000.

19
Q

What is a Regressive Tax

A

Takes a smaller percentage as income rises.

Marginal < average tax rate.

Places more burden on lower-income earners.

Example: VAT—everyone pays the same rate, but it’s a larger portion of a poor person’s income.

20
Q

Advantages and Disadvantages of Income Tax Base

A

Advantages:
Reflects ability to pay, supporting vertical equity.
Income data is regularly reported (via PAYE/self-assessment), aiding compliance.
Enables a progressive tax structure, helping redistribute wealth.
Broad tax base allows for substantial revenue.

Disadvantages:
Encourages tax avoidance and evasion, especially among high earners.
Can disincentivise work, investment, and entrepreneurship if rates are high.
Complexity from multiple reliefs, bands, and types of income.
Often fails to capture non-monetary benefits or undeclared income.

21
Q

Advantages and Disadvantages of Capital Tax Base

A

Advantages:
Targets wealth accumulation, not just income flows.
Promotes intergenerational fairness (e.g., via Inheritance Tax).
Helps reduce long-term inequality by taxing assets and gains.
Can complement income tax by broadening the tax net.

Disadvantages:
Asset valuation is complex and may fluctuate.
Often avoided via trusts, gifts, or offshore strategies.
Can discourage investment and savings.
Difficult to determine when capital should be taxed (e.g., on accrual or realisation?).

22
Q

Advantages and Disadvantages of Consumption Tax Base

A

Advantages:
Simple to collect at the point of sale (e.g., VAT).
Encourages savings and investment (taxes spending, not earnings).
Broad base generates steady revenue.
Less prone to avoidance compared to income/capital taxes.

Disadvantages:
Regressive: affects low-income individuals more heavily.
Can distort consumer behaviour (e.g., excise taxes may encourage black markets).
Administrative costs for businesses collecting VAT.
Harder to exempt essentials without reducing revenue.

23
Q

Advantages and Disadvantages of Progressive Taxation

A

Advantages:
Supports equity and redistribution of wealth.
Aligns with the Ability to Pay principle.
Can fund social services without overly burdening the poor.
Reduces income and wealth inequality.

Disadvantages:
High rates may disincentivise work or investment.
Complexity due to brackets, reliefs, and allowances.
May lead to avoidance/evasion at higher income levels.
Requires careful design to avoid loopholes or unfair marginal jumps.

24
Q

Advantages and Disadvantages of Proportional Taxes

A

Advantages:
Simple and transparent – easier for taxpayers to understand.
May reduce avoidance and administrative burdens.
Treats all taxpayers equally, enhancing perceived fairness by some.
Can encourage compliance due to lower marginal rates.

Disadvantages:
Lacks redistributive effect – may worsen inequality.
Flat rates burden low-income individuals relatively more.
Contradicts vertical equity and the Ability to Pay principle.
Limited flexibility to raise revenue from the wealthy.

25
Advantages and Disadvantages of Regressive Taxation
Advantages: Often easy to administer (e.g., sales or excise taxes). Promotes neutrality – doesn’t distort income decisions. Encourages productivity and earning, as the burden is lighter on high earners. Provides stable revenue, especially in large populations. Disadvantages: Unfair to lower-income groups, as they pay a higher proportion of their income. Increases social inequality. Can reduce demand for basic goods if heavily taxed. Often requires compensatory welfare policies to offset impact.
26
What is the Tax Gap
The Tax Gap is the difference between the amount of tax that should be collected by HMRC (as per the law) and what is actually collected. It highlights non-compliance (both legal and illegal) and helps HMRC identify problem areas, design policy responses, and improve collection efficiency. Example: If HMRC expects £700bn in tax revenue but collects £650bn, the Tax Gap is £50bn.
27
What is Tax Planning
Tax Planning is the lawful arrangement of financial affairs to reduce tax liability while complying with the spirit and letter of the law. It involves using available reliefs, allowances, and exemptions. Examples: Using salary sacrifice for pension contributions. Claiming capital allowances or choosing to defer them. Choosing self-employment for NI savings. Paying dividends instead of salary from a company. Structuring a partnership to utilise multiple personal allowances.
28
What is Tax Avoidance
Tax Avoidance involves arranging affairs to reduce tax liability within the law but against the intent of legislation. It is legal but often aggressive and contrived. It differs from tax planning by potentially exploiting loopholes. Examples: Complex schemes to avoid income tax through offshore trusts. Arctic Systems (2005): income shifting via dividends to a lower-earning spouse. WT Ramsay Ltd (1981): struck down a circular scheme lacking commercial purpose.
29
Measures to Prevent Tax Avoidance
GAAR (2013): Targets abusive tax arrangements that are egregious and contrary to Parliament’s intention. Disclosure of Tax Avoidance Schemes (DOTAS) – since 2004, certain arrangements must be reported to HMRC. Targeted Anti-Avoidance Rules (TAARs): Apply to specific avoidance techniques (e.g., IR35 for disguised employment). Judicial rulings like WT Ramsay also play a role.
30
What is Tax Evasion
Tax Evasion is the illegal act of intentionally misrepresenting or concealing information to reduce tax liability. It includes fraud, suppression of income, or false claims. Examples: Not declaring cash-in-hand work (black economy). Underreporting income or inflating expenses. Hiding income in offshore accounts. It is a criminal offence and may involve money laundering, triggering obligations for accountants under anti-money laundering laws.
31
Tax Gap by Tax Type
VAT (36%) has a high tax gap due to the cash-based nature of many businesses, making it easier to underreport sales (e.g. in retail or hospitality). Income Tax/NIC/CGT (41%) sees high undercollection from self-employed individuals and SMEs, where self-assessment increases the chance of non-compliance. Corporation Tax (11%) gap is often linked to tax avoidance strategies by large firms using complex structures. Excise Duties (9%) face losses from smuggling and illegal trade in alcohol and tobacco. Example: Undeclared cash payments in restaurants lead to VAT loss; aggressive profit-shifting by multinationals impacts corporation tax revenue.
32
Tax Gap by Customer Group
SMEs (44%) contribute the most due to a lack of formal processes, limited resources, and errors or evasion through cash-in-hand work or misreporting. Large businesses (27%) often engage in tax planning and avoidance, exploiting legal interpretation (e.g. shifting profits to low-tax jurisdictions). Individuals (13%) may avoid tax on investments or misunderstand personal tax obligations (e.g. Airbnb, crypto). Criminals (16%) represent the hidden economy, involving fraudulent activities, identity theft, and organised VAT fraud. Example: A small business underreporting income or not registering for VAT contributes to the SME portion of the gap.
33
Tax Gap by Behaviour
Hidden economy (17%) includes undeclared work and off-the-books activity, especially in trades like construction or beauty services. Criminal attack (16%) refers to deliberate, organised fraud, including VAT carousel fraud or fake refund claims. Legal interpretation (13%) involves disputes over unclear laws, often used by large firms with legal teams. Evasion (12%) is illegal and deliberate underreporting or falsification (e.g. lying on a self-assessment return). Avoidance (9%) includes contrived schemes like income shifting, e.g. Arctic Systems. Failure to take care & errors (20%) highlight lack of knowledge, especially among unrepresented taxpayers. Example: A builder working for cash avoids VAT and income tax – this contributes to both hidden economy and evasion categories.
34
Professional Conduct in Relation to Taxation (PCRT) for Tax Planning (4)
Lawful - No exploitation of loopholes (schemes like K2) Transparent - Disclose arrangement to HMRC Client Specific - No ‘one size fits all’ avoidance Parliament’s Intent - Avoid artificial arrangements contrary to policy goals
35
5 Steps to Resolving Ethical Conflicts
Identify - Facts, parties and ethical issue Assess - Relevant principles (confidentiality vs public interest) Consult - Internally/ legally Document - Decisions and rationale Act - Refuse involvement if unresolved (withdraw
36
(COPID) The 5 Fundamental Ethical Principles (ICAEW/ International Standards)
Confidentiality - Protect client info unless legally obliged to disclose, e.g. spouse demanding partners tax details = refusal Objectivity - Avoid bias/ conflict of interest, e.g. cant advise both divorcing spouses Professional Behaviour - Comply with laws, avoid actions discrediting the job, e.g. advising illegal tax evasion is a breach Integrity - Honesty and straightforwardness in all dealings, e.g. if client asks to underreport income, decline Competence/ Due Care - Maintain expertise and act diligently, e.g. misapplying tax laws due to lack of knowledge is negligence
37
Ethical Threats and Mitigations (SSAFI)
Self Interest - Your financial/ personal bias - disclose those interest; undergo independent review Self Review - Auditing your own work leads to over trust -must separate teams for audit advice Advocacy - Overpromoting a client leads to lost objectivity - must clarify role as an advisor, not advocate Familiarity - Close relationship with client leads to leniency in reviews - must rotate client teams and get second opinions Intimidation - Pressure to act unethically -document the threat, alert seniors