company issues Flashcards
what is transfer pricing
companies within a group (related entities) may transact with each other at a non arms length basis (non market terms)
this may be done to transfer profits and losses to each other by doing over/under pricing.
this is done to avoid paying tax. tax rules of for eg. 75% group may be ignored
what has tax dept done as anti avoidance rule?
tax dept converts these transactions to arms length basis.
i.e restated to normal market rates.
Anti avoidance rule for large company
if large company transacts with anyone - AA will apply. Transaction must always be done at arms length basis.
If UK SME transacts with another UK SME
no anti avoidance. Over/under pricing is allowed
If UK SME transacts with overseas SME
Qualifying territory: no anti avoidance. Over/under pricing is allowed
Non qualifying territory: AA will apply. Transaction must always be done at arms length basis.
qualifying territory meaning
means UK has a double tax treaty
when would a medium sized entity face anti avoidance
if over/under pricing is done persistently
what are the tax reliefs for research and development costs
100% allowed expense on capital expenditure (deduct from trading PnL in same year)
100% allowed expense for revenue expenditure + additional relief for qualifying outflows
capital expenditure
Capital expenditure means expenditure on assets which have life of more than 1 year.
-Land does not qualify for RnD relief (even though life >1 year)
-Software purchase will be revenue expenditure (even though life >1yr)
if capital asset is sold
100% proceed will be chargeable in trading PnL.
Revenue expenditure
all those RnD expenses which dont fall under capital expenditure will fall under revenue expenditure
all RnD revenue exps will get 100% allowed expense
some qualifying outflows will get additional allowed expense of 86%
what are qualifying outflows
1- R&D Staff salaries
2- 65% cost of outsourced staff
3- Software purchased
4- Consumables
5- Utility expenses
186% allowed expense.
what are specially non qualifying outflows
1- market research cost
2- admin dept cost (including rent)
3- independent outsourced research cost
4- subsidized research
no additional relief on this. normal 100% allowed exp is given
additional relief is only for
small and medium companies
for large entities additional relief is different but not part of ATX course
if due to RnD, a company suffers trading loss, what relief options do they have?
1- normal trading loss relief
2- option to surrender loss and take 10% cash of amount of surrenderable loss
surrenderable loss will be lower of:
1) un relieved trading loss after all possible current yr, carry back and group relief claims
2) 186% of qualifying RnD activities
this option will be taken by those who have no income hope in future, as normal relief gives 19% benefit that is usually the better option.