Assorted questions Flashcards

1
Q

What does Fidelity guarentee insurance cover?

A

Covers money held in trust against partners,directors and employees

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2
Q

What issues should you take into account when liability capping? (3)

A
  1. No engagement letter
    - without an EL, there will be no mention of a liability cap in the first place
  2. Work not covered
  3. Claim by a third party
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3
Q

What is the level of excess for liability per principle?

A

£20,000 per principle

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4
Q

How long should ‘records relating to the CDD, business relationship and occasional transactions’ be kept for?

A

5 years at the end of the business relationship.

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5
Q

According to 2017 Regulations, how should records be kept?

A

There is no specified medium as to how records should be kept. They should just be readily retrievable.

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6
Q

Who should need to recieve MLTF training?

A

All ‘Relevant employees’ and those who the firm feel need to receive it

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7
Q

When should a member seek a second opinion? (2)

A
  1. When the tax at stake is significant

2. When it is of suffiecient importance to the client

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8
Q

What are the 4 reasons why a member should maintain proper professional records of all their dealings with a client?

A
  1. Defend themselves from a claim against them
  2. Sufficient evidence for if there are any complaints
  3. Communicate effectively (with HMRC)
  4. Their colleagues and successors can access a record of the client history (if necessary)
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9
Q

What 2 facts must be established in regard to contigent fees

A
  1. Must remember to disclose tax avoidance schemes

2. HMRC may regard contingent fees to affecting a member’s independence

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10
Q

What are the general principles to advertisements or promotional material? (6)

A
  1. Reflect adversly on CIOT/ATT
  2. Discredit the services offered by others
  3. Amount to HARASSMENT
  4. MISLEADING
  5. Comply with regulatory/legislative requirements such as Advertising Standards Authority Code
  6. Breach client confidentiality
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11
Q

If you are providing tax services free of charge to your father, do you need to comply with PII?

A

No. As you are providing tax services free of charge (in your personal capacity) you do not need PII.

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12
Q

If you do pro bono work, do you need to comply with AML obligations?

A

No, not in the course of business

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13
Q

If you do honorary work, do you need to comply with AML and PII obligations?

A

Yes to AML.

If annual honorary income is > £1000 annually, you need to comply with PII.

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14
Q

Do honorary members have to take CPD?

A

Honorary members are exempt from CPD UNLESS they fall into regulation 1.2.1

Regulation 1.2.1 - provide tax compliance services, advice, consultancy or guidance in tax including, without limitation, those in private practice, the public sector, commerce, industry or not for profit sector.

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15
Q

What form must you document your CPD records?

A

There is no prescribed form for document CPD plan and records.

If CIOT or ATT request the member’s CPD records, they should be able to deliver it.

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16
Q

Who is exempt from undertaking CPD? (2)

A
  • Fully retired members

- Honorary members who do not fall under Regulation 1.2.1.

17
Q

When providing tax services to charities or non for profits, what is the member responsible for ensuring they have?

A

PII cover.

If they do not then you need consent to continue on that basis

18
Q

A privacy notice is a document for… (2)

A
  • explaining their rights

- how their personal data will be used

19
Q

What does the TDB do? (2)

A
  • Investigates complaints and takes action against a member who has NOT maintained the highest standards of BEHAVIOUR and PERFORMANCE required
  • Review and take action as appropriate on APPEALS made against the outcome of a complaint.
20
Q

Which of these constitutes suspicion? (3)

  • A state of mind more definite than speculation but just falling short of evidence based knowledge
  • A mere, idle wondering
  • A positive state of mind of actual apprehension or mistrust
  • A slight opinion, without sufficient evidence
  • A vague feeling of unease
  • Just a thought
A
  • A state of mind more definite than speculation but falling short of evidence based knowledge
  • A positive state of mind of apprehension or mistrust
  • A slight opinion

NOT:
- A mere idle wondering

  • A vague feeling of unease