Chapter 17 Flashcards

1
Q

Is it compulsory for CIOT and ATT members to have PII insurance?

A

Yes - since July 1997 for CIOT and Jan 2000 for ATT

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2
Q

What is classed as a director in regards to PII?

A

A director who is on the board of directors (doesn’t include directors who aren’t on the board)

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3
Q

Do members who work on a self-employed subcontracted need to hold PII?

A

Not necessarily - don’t need PII in their own right provided they have obtained written confirmation from the contracting firms that its PII complies with CIOT

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4
Q

Who are exempt from having PI?

A
  • Members who receive an honorarium of less than £1,000 per annum
  • Members who carry out pro bono work in their own capacity
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5
Q

Whats the annual minimum limit of indemnity for each an every claim?

A

£1 million when the firm’s gross fee income is over £400,000

Where firm’s gross fee income is less than £400,000, the annual minimum is the greater of:
• 2.5 x the gross income fee
• £100,000

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6
Q

What level of excess is allowed under the CIOT’s Compulsory Professional Indemnity Insurance regulations?

A

Up to £20,000 per principal

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7
Q

What should a member do if it is unable to obtain PII?

A

Notify CIOT and ATT ASAP

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8
Q

How long is a member required to maintain PII cover after ceasing public practice?

A

6 years

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9
Q

What must a member do before deciding the level of their PII cover?

A

Carry out a risk assessment

Looks at:
• The risk profile of work carried out
• What resources are available to them
• Does the firms have effective systems in place to minimise risk of a claim

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10
Q

How is gross fee income defined in PII regulations?

A

The aggregate of professional fees and all other income earned in respect of and in the course of business during the accounting year immediately preceding the year in question

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11
Q

I am an employee, do I need PII cover?

A

Should be protected by your employer’s PII policy or other insurance arrangements

  • unless director or employee has financial interest which represents 5% or more of the equity capital in employer’s taxation services
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12
Q

How is honorarium defined as?

A

A fee paid in respect of a formal honorary post for charities, amateur organisations and other not for profit organisations

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13
Q

A PII policy can be on two different basies, what are they?

A
  • ‘Each and every’ claim basis

* ‘Aggregate’ basis

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14
Q

Should a PII policy “all civil liability”?

A

Yes

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15
Q

What is the difference for ‘cost inclusive’ and ‘cost in addition’ for PII?

A

‘cost inclusive’ - where the costs of defencing a claim are included within the limit of indemnity

‘costs in addition’ - where the costs are paid in addition to the limit of indemnity

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16
Q

What does Fidelity guarantee insurance provide cover for?

A

Covers against any acts of fraud or dishonesty by any partner, director employee in respect of any money or property held in trust by the firm.

17
Q

Are liability caps always effective?

A

No - court can overall

18
Q

What should you do if you wan’t get PII cover?

A

Should inform CIOT and ATT setting out the steps you have taken to obtain cover and the reasons why cover has been refused.