Chapter 1: Must know Flashcards

1
Q

What is taxation

A

Taxation is the imposition of compulsory levies on individuals or entities, by governments in most countries in the world.

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2
Q

4 purposes of taxation

A

Primary purpose - raise revenue for government expenditure, such as public protection

Redistribution of wealth from rich to poor, progressive tax system cam help level incomes.

Stabilise the economy - fiscal (tax) policies can be set to encourage spending, example relief for expenditure on company assets

Influence behaviour - example taxes to try discourage drinking and smoking which in turn reduce burden on NHS

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3
Q

Principles of taxation - 6 of them

A

set of criteria as a guide to the government when creating a tax system

Neutrality
Efficiency
Certainty and simplicity
Effectiveness
Fariness
Flexibility

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4
Q

Purpose of taxation - Neutrality def

A

Minimisation of discrimination in favour of, or against particular economic choices

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5
Q

Purpose of taxation - Efficiency def

A

Compliance and administration costs should be minimised as far as possible. These costs should be low in relation to the tax raised

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6
Q

Purpose of taxation - Certainty and simplicity def

A

System should not be unnecessarily complicated or incomprehensible. Rules and obligations should be known, easily understood and liability is clear.

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7
Q

Purpose of taxation - Effectiveness def

A

Should produce right amount of tax at the right time, whilst avoiding double taxation and minimising tax avoidance and evasion

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8
Q

Purpose of taxation - Fairness def

A

Determined by the person’s ability to pay, with wealthier individuals or firms paying more taxes and those with lower incomes paying comparatively less

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9
Q

Purpose of taxation - Flexibility def

A

Dynamic and flexible enough to meet current revenue needs of the government while adapting to changing needs

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10
Q

Tax structure - 3 of them

A

Depends on tax base and tax rate and how it is applied

Progressive - fairest system, rate increases as income increases, UK income tax

Regressive - inversely proportional to income, lower the income, higher the tax, VAT

Proportional - unrelated to income, stays the same whatever the value of the tax base
Effects everyone equally

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11
Q

Tax system UK

Administered by who?

Where does our tax rules and regulations come from?

A

Administered by HMRC

Sources:
-Statute law - acts of parliment i.e the Annual Finance Act - provide details in changes in taxes, proposed by Chancellor of the Exchequor in the budget and passed by parliment

-Case Law
Disagreement between tax payer and HMRC
Tax is complicated - sometimes disagreements.
Settled in court - then becomes case law and influence future interpretations

-HMRC Guidance
Wide range or guidance and explanatory notes, hmrc website

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12
Q

Roles and responsibilities of the tax practitioner

A

Act in best interest of client - and open and constructive manner with HMRC, consistent of law

moving towards MTD

practitioner should use facilities provided for agents, avoid knowing client details

Policies on Money laundering, cyber security and Data protection

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13
Q

Money laundering

A

Proceeds from criminal activities are converted into assets which appear to have no criminal connections

Tax practitioner to have controls and procedures in place to report suspicions

Must carry out a review - check identity with a passport for example

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14
Q

Errors

A

Responsibility lies with taxpayer, approved before submitted

possible irregularities in clients tax affairs, client should be informed as soon as possible unless Money laundering

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15
Q

Tax avoidance

A

Bending the rules of the tax system to gain an advantage that parliment never intended

Legal

Example: Using gift aid when there is no real gift

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16
Q

Tax planning

A

Legal, perfectly accepted way of reducing tax liability

in the way government intended

17
Q

Tax evasion

A

Illegal

Breaking the law to reduce tax bill

18
Q

Residence

A

where taxpayer is living in the tax year

Residence is defined as where the taxpayer is deemed to be resident

19
Q

Residence - number of ties

4 UK ties for arrivers

5 UK leavers

A
  1. Having close family resident in UK
  2. Having UK accomm in which the individual spent at least one night in the tax year
  3. Doing substantive work in the UK ( 3 hours or more on 40 days or more)
  4. More than 90 days during either or both or the previous tax years

Levers

  1. Spending more time in the UK than any other country

(day is if present at midnight)

20
Q

Domicile

3 types

A

Domicile is defined as where the taxpayer has their permanent home

permanent test - tax payers home and where they return to be buried

Origin - individual is born with fathers domicile (or mothers if their parents are unmarried)

Dependance - as a child (under 16), who they are legally dependent on

Choice - Over 16, change their permanent home by severing all ties with the old country and settling permantly in new country

21
Q

impact of residence and domicile test

A

Taxed on arising basis

All worldwide income and gains are taxable in the UK

Resident not domiciled - choice to use arising or remittance basis