Chapter 1 &2 Flashcards
What are the 5 fundamental principles
Integrity
Objectivity
Professional behavior
Professional confidence and due care
Confidentiality
What are the 5 threats to the fundamental principles
Self interest
Self review
Intimidation
Familiarity
Advocacy
What are the 5 standards for tax planning
Client specific
Lawful
Disclosure and transparency
Advising on tax planning arrangements
Professional judgement and appropriate documentation
CLAPD
What 10 factors should be considered in conflict resolution
Relevant facts
Relevant parties
Ethical issues involved
Fundamental principles related to the matter in question
Established internal procedures
Alternative courses of action
Seek professional advice
Phone Icaew helpline
Ask colleagues
Withdraw from client
What are the 3 instances an auditor may disclose confidential information
If it required by law
Permitted by law and authorized by the client or employer
Professional duty or right to disclose
What are the 3 actions if a threat to conflict of interest arises
Notify the client or other relevant parties of the conflict
Seeking consent of the relevant parties to act
If consent refused, cease to act for one of the parties
What 3 safeguards can you put in place to prevent conflict of interest
Use of separate teams
Information barriers plus clear guidelines for teams
Use of confidentiality agreements
What are the 3 steps when accepting a new client
1) confirmation of clients identity and business interests
2) Consider threats to the fundamental principles
3) issuance of an engagement letter
What should a tax engagement letter detail (4)
Scope of the engagement
Accountants and clients responsibility
Authority to disclose to HMRC
Responsibility of client for the accuracy of the returns (evidenced by signature)
What is the minimum amount of PII for a qualified member of ICAEW to have?
If gross fee income less than 600,000 then 2.5* gross fee income (minimum 100,000)
If gross fee income larger than or equal to 600,000 then minimum of 1.5 million
How long should a member ceasing to be in public practice ensure PII cover remains in place?
And what is the recommended timeframe to have the cover
2 years
6 years
What 5 things does the collection and processing of data need to comply with GDPR regulations
Individuals must opt in
Privacy notices must be clear
Data must not be retained longer than necessary
Compliance monitored by Information Comissioners office (ICO)
Data protection officer (DPO) must be appointed by an organization handling data and they must notify the ICO to be entered onto register of data controllers
What 5 precautions can you take to prevent unauthorized access to data
Passwords kept safe and changed regularly
IT equipment kept physically secure
Unusual activity on clients HMRC account reported easily
Awareness of how to deal with phishing emails
Change passwords regularly
How must you deal with a breach in GDPR and what are the consequences
Report to the ICO within 72 hours
Tiered fines up to 4% of annual global turnover (or €20 million if higher)
What steps to take if a client fails to provide info leading to underpayment of tax (6)
Advise client to inform HMRC or request consent to do so on their behalf
Explain consequences of failure to disclose
If client refuses to operate, resign from position as their advisor and inform HMRC of resignation but do not tell them of reasons
Consider need to submit a SAR to the NCA
Keep a written record of any discussions
Check the engagement letter for authority to act
Who should an accountant report suspicion of money laundering (2)
What happens if you do not have reasonable grounds for the suspicion
To the MLRO internally or directly to the NCA in the form of a SAR
The accountant can be open to action for a breach in confidentiality
What are the penalties for:
Money laundering
Failing to disclose money laundering
Tipping off
Up to 14 years
Up to 5 years
Up to 2 years