Principles of Tax Flashcards
The five fundamental principles of the IESBA Code of Ethics are:
Integrity
Objectivity
Professional competence and due care
Confidentiality
Professional Behaviour
Who makes a suspicious activity report?
MLRO as accountant responsibility only to report to these.
Which of the following are never a form of UK tax law?
-The annual finance act
-HMRC statements of practice
-case law
-statutory instruments
HMRC Statements of Practice
A Finance Act is an Act of Parliament and is therefore a source of law. Case law generally sets a
precedent which must be followed unless overruled on appeal or superseded by legislation.
Statutory instruments are a form of delegated legislation which are a form of law. Statements of
practice are merely a statement of HMRC’s interpretation of the law.
Define progressive and regressive taxation.(2)
A system whereby the overall proportion of taxation increases as income rises is known as a
progressive system.
Regressive decreases tax as income rises eg NI
What may a tax payer make appeals over?(7) What are certain conditions of an appeal?(2)
-An information notice
-Documentation request in course of compliance check
-Amendments made resulting from a compliance check
-HMRC’s right to raise a discovery assessment
-A discovery assessment
-A VAT assessment
-The imposition of a penalty
Must be made in writing within 30 days and state grounds, any tax due will have to be paid unless postponed, if not settled by agreement a first-tier tribunal hearing will occur
When does the financial year run vs tax year?(2)
Financial year is 1st april to 31st of march
Tax year is 6th of april to 5th of april
Indirect/direct principle
Paid by those who generate funds (direct), indirect are transaction based and related to consumption eg VAT
Case law fact.(2)
Many judgments from tax cases are precedent for future cases which means they must be followed
unless superseded by legislation or the decision of a higher court. Therefore, this is not guidance.
There is also no 12-month time limit and subsequent legislation can change the law
Unit/value principle
unit taxes are a flat rate per item eg beer duty depends on strength not price, value taxes are a percentage of value eg VAT
ability to pay/benefit principle
tax based on ability to pay or on benefit received argument.
Are HMRC involved in pension administration or child support?
No.
Describe a statutory instrument.(1)
Tax legislation, commonly in the form of Regulations, containing detailed provisions
How would you adjust personal allowance (PA) for those with income over 100k?
Deduct: net-100k*0.5
What is the startings rate tax for savings?
up to 5k only if savings income falls into the first 5k of taxable income-it may also be reduced or eliminated by non-savings,
What is the savings income nil rate band?
Available for those with income below 150k whos savings are not covered by SRB, it is 1000 for basic tax payers and 500 for higher
What are the income tax bands for dividends?
7.5, 32.5, 38.1
Note: First 2k. is nil
NOTE: The 2k reduces the bands for tax too eg 37700 to 35700
Explain gift aid and how you compute it depending on tax band.(4)
Extends tax bands for highers, tax efficient charitable donation gives 20% relief
In basic no adjustment is needed in income tax calc as appropriate amount of tax relief has been given at the source by paying net of basic rate income tax
For higher a max 20% relief is given by increasing the higher rate threshold by the gross amount of the gift
For additional a max of 25% is given to higher and additional thresholds
Reason is because its as if the income hadnt been taxed for income hence adjustment depends on tax band as this is what they have been taxed on.
What is something important to remember about marriage allowance?(1)
It doess not reduce liability or PA of transferee but reduces liability by 20%.
Calculating tax codes.(3)
Max of 3k underpaid can be collected through the tax code and will be deducted from PA! but needs to be grossed up
step 1: note allowances
step 2: IF allowances>deductions take net figure remove last digit and add an L
IF deductions>allowances take net remove last figure THEN deduct 1 and add K to front
If received marriage will be M if transferred will be N
What are badges of trade?(9)
-subject matter
-length of ownership
-frequency of similar transactions by the same person
-supplementary work and marketing
-circumstances responsible for realisation
-motive
-methods of finance used in acquisition
-method of acquistion and source
-similar transactions to those of existing trade
Ways of determining trade according to HMRC, trading-income tax, capital=capital gains tax
Trading allowance.(4)
-1k allowance for sole traders NOT partnerships
-if profits are less than 1k they are not taxable and do not need declared
-if more taxpayer can elect to deduct allowance from receipts rather than any actual expenses incurred
-IN EXAM assume TA applies if receipts less or equal to 1k and if more assume no election to use the TA has been made unless told otherwise.
NOTE: trading income=receipts-trading allowance or if less then not declarable
What quantifies a trivial benefit?(3)
-£50 or less-cap of 300 pa for certain directors
-it is not cash or a voucher
-it is not provided in recognition of services
What qualifies as an exempt employer benefit from income tax?(13)
-free/onsite canteen (available to ALL)
-sports facilities for EMPLOYEES not public and bicycles for ALL
-workplace childcare or vouchers for approved childcare
-one health screen per year and checkup, glasses and eyes tests up to 500 pa for treatment for return to work NOT private healthcare
-work buses and subsidies for public/travel expenses for disrupted travel and vehicle charging at or near work where it is ot a taxable vehicle PLUS provision of parking space
-employer pension contribution plus advice up to 500 pa
-mobile phone inc private use
-150 pa for social events -if more FULL amount is taxable not just excess and must be an annual event to qualify, if more than one total cost of events less than 150 will be exempt and the remainder will be taxable
non-cash service awards for more than 20 years or equal (max 50 per year of service)
-up to 5k in staff suggestion scheme
-8k removal expenses
-non-cash gifts from third parties up to 250 and entertainment provided by third parties no cap
-payments towards costs of working from home if >£6/week and work related training courses
-personal incidental expenses when away from home of 5 a night in UK and 10 abroad if limit exceed whole is taxable
What would classify as job-related accom?(2)
-Job-related accom is not taxable and would be classed as such if:
necessary for performance of duties
customary to be provided
provided for security
-For a director:
must own no more than 5% shares
-be a full time working director (unless NFP/charity)
If an employer rents a property the benefit is…
The higher of annual or rateable value and rent paid by employer.contributions are deducte
If employer owns the property…
The basic os the rateable value-if over 75k addition of ‘cost’-75k*rate of tax for start of the year
cost is generally purchased valued but if over 6 years when emplyee moves in use market value INCLUDE any capital movements BEFORE START OF TAX YEAR!!!
Official rate 2% (given)
note any extras eg decoration repairs cleaning heating etc are benefit=cost ot employer-contributions from employee
rent is deducted from benefit
Car benefit calculations.(4)
-manufacturers list price*CO2 emissions %
-Employee contributions on private use is deducted, NO benefit for genuine pool cars
-Manufacturer list price=optional extras-contributions by employee UP to 5k
-CO2 emissions: from tax tables, round down to nearest 5 at 1% for each 5 above 75…+4% IF DIESEL not meet RDE2…CAP AT 37% in all cases
(6/4/20 from)
REMEMBER FLAT RATE CHARGED IN EMPLOYER PAYS PRIVATE FUEL EVEN IF EMPLOYEE PAYS SOME-currentl at 24k
REMEMBER TO TIME APPORTION!
Which of the following expenses are allowable?
Decorating a sole trader’s office
Parking fine incurred by a sole trader’s employee
Electricity bill for a sole trader’s factory
Fork lift truck for a sole trader’s warehouse
Meal to entertain a customer from Italy
Decorating a sole trader’s office
Parking fine incurred by a sole trader’s employee
Electricity bill for a sole trader’s factory
Which one of the following expenses is allowable?
Gift of £40 to Oxfam (a national charity)
Gift of £40 to the local animal hospital
Gift of £40 to the Green Party
Gift of £40 of department store vouchers to a loyal customer on her 40th birthday
Gift of £40 to the local animal hospital
Note:
-Relief for donations to national charities is available through gift aid not trading income.
-Political donations are not allowable.
-Gifts to customers are disallowable unless the item:
cost < £50 per recipient per year, and
is not food, drink, tobacco or vouchers exchangeable for goods, and
carries a conspicuous advertisement for the business.
How do you adjust profits for tax?
Step 1:Adjust acc profits
Step 2: deduct capital allowances for that accounting period
Step 3: Consider which tax year to tax this accounting period in=basis periods
Current year basis therefore profits taxed are those 12 month of accounting years ending in that tax year
How to adjust accounting profit?
Start with P&L net profit
Add disallowable expenditure and any taxable trading income not on accounts e.g. removal of goods for personal use
Less allowable expenditure e.g. capital allowances or business expenses borne personally by the owner and any non-trading income on accounts which is not taxable e.g. income taxed elsewhere such as chargeable gains, rental or savings income
e.g. exempt income such as exempt capital gains
How to treat goods removed by owner for personal use in tax computation?(3)
It is taxable trading income however what we add depends on whether an accounting record has been made
If it has e.g cost removed from purchases then add back the profit element
If it hasn’t e.g. still inc in purchases then add back the selling price
How to determine if expenditure is disallowable and trading?(2)
Too remote from purpose of trade or has a dual purpose*though a trade off between the two can be allowed eg only taxed on some
What is an appropriation?
Withdrawal of business funds that are disallowable expenses eg.owner salary, drawings or excess of any unreasonable payments to family members
How do you account for remuneration in trading income?
Most payments to staff are allowable eg wages bonuses redundancies and cost of providing benefits, pensions (note these are allowed when paid rather than on accrual basis)
If earnings are not paid within 9 months of the year end then they are deductible in the period in which they are paid
Also account for appropriations.
How do you account for impaired debts in trading income?
Movements in specific provisions are allowable but general are disallowable
Write off of trade debts is allowable but non-trade disallowable so needs adding back (unless already included!)
How do you account for capital expenditure for trading income?
Some may be allowable for CGT but not for trading
Repairs and maintenance are allowable, even if element of improvement due to improved industry standards.
How do you account for subscriptions and donations in trading income?
Trade or professional association subs are usually allowables as they are typically for trade purposes
Donations depend on nature of organisation eg small donations to charities are allowable as are stock or asset gifts, national charities are disallowable but tax relief may be available under gift aid
subs and donations to political parties not allowed
How do you account for entertaining and gifts in trading income?
client dis employee allowed deduction on profit for tax purposes
gift of trade samples to customers is allowable other gifts to customers are not unless <50 pa per recipient, not food,drink, tobacco or vouchers for goods, or carry conspicuos (clear) advertisement for business
gifts to employees are allowed with no limit (unlike benefits in kind)-though may be subject to income tax charge
How do you account for legal/professional charges in trading income?(2)
allowable if for purposes of trade, if for capital exp typically disallowable execeptions to this inc: fees/costs of obtaining long term finance, registering for patents or renewing a short term lease (sub 50 years) HOWEVER initial lease legal fees are not
How do you account for car leasing and rental costs in trading income?
costs for hiring, renting or retiring ppe are allowable but a flat rate disallowance of 15% of car lease payments where CO2 is above 50g/km
also disallowance for any private use
Note: If you have leased a car with private its easier to work out allowable expense first being 85% of business proportion of the lease cost and then disallowance is the remainder
When does the flat rate disallowance of car lease expenses come into effect?
For car with emissions over 50g/km
Capital expenses are typically disallowable however exceptions to this include…(3)
-fees/costs of obtaining long term finance
-registering for patents
-renewing a short term lease (sub 50 years) HOWEVER initial lease legal fees are not
How do you account for other income in trading income?(4)
fines generally disallowable but parking fines incurred by an employee (not owner) whilst on work business are allowable
interest on borrowings for trade (eg overdraft in business account) is allowable
interest on late tax is disallowable
IDE of VAT is allowable if relating to allowable expenditure
How should you account for disallowable expenses when they have or have not been factored into calculating profit?(2)
If they havent been included then we don’t need to do anything as they are already essentially “added back” to the net profit figure given
If they have been accounted for/recorded they need adding back as of course they are disallowable expenses therefore need taxing.
Jayne overpaid income tax and received interest in this, what would this contribute to taxable income?
It is exempt so would not be table income
What are capital allowances?
Tax equivalent of depreciation
What are 4 types of capital allowances?
Writing down allowance like depn-charged on reducing balance basis
Annual investment allowance-set available amount on certain assets in the year in which they are purchased
First year allowance-extra allowance on aquisition mainly to stimulate purchase of certain ppe eg better environmental options
Balancing adjustments-equivalent to a profit or loss on disposal
When may a balancing charge arise? Balancing allowance?(2)
Balancing charge applied if an asset is sold for more than its tax carrying value
Allowance if sold for less than tax cv
What assets qualify for capital allowances?(3)
Plant and machinery ie assets with which the business operates rather than in which the business operates in eg environment
From case law building alterations incidental to plant installation and machinery, licences to use comp software also qualify
commercial structures and buildings qualify for SBA but this is non examinable
Written down allowance.(WDA)(2)
Given on balance of the main pool at the end of the period of account
WDA claimed a CA and deducted from pool, remaining pool then brought forward as TWDV for next year
Annual Investment Allowance(AIA)(3)
Offers tax relief at 100% up to a max of 200k
Can be used against any assets allocated to the main pool excluding assets qualifying for 100% FYA and cars
Unused AIA cannot be carried forward and if expenditure exceeds availabe AIA then the balance eligible is 18% WDA by transferring the balance to the main pool before calculating WDA for the period
Time apportioning capital allowances.(2)
WDA and AIA are time apportioned based on accounting period not referencing to ownership
Remember AIA is on 100% of asset the time apportioning relates to the cap 200k
FYAs are never time apportioned, always full allowance
How to deal with disposals from main pool for capital allowances.(3)
Before giving WDA deduct the lower of the disposal proceeds or original cost
If the item is not sold proceeds are assumed to be:
market value on date of transfer (if moved to owner private use)
scrap value/compensation if asset is scrapped or destroyed
If the asset being disposed qualified for AIA or FYA in year of acquisition the deduction is made from the main pool or a single asset pool
Small pool WDA.(3)
If the main pool balance on which WDA is to be claimed is less than 1k the whole amount can be claimed
NOT available for private assets
And the 1k limit is time apportioned for periods not equal to 12 months (not given in tax tables for exam!)
Calculating private use asset capital allowance.(1)
-set up a seperate column per asset and calc as normal only for business portion
How to calculate capital allowances on cessation of trade.(2)
No FYA WDA or AIA are available
add any additions, deduct any disposals at market value at date it leaves the business
Capital expenditure is not allowable in computing trading profits but will always result in capital allowances
incorrect, usually but not always eg cost of shares
Which of the following assets will not be in a single asset pool for capital allowance purposes?
-Computer costing £10,000 with 30% private use by the owner of the business
-Car with emissions of 45 g/km costing £14,000 on 10 June 2021 with 20% private use by one of the employees
-Car with emissions of 45 g/km costing £13,000 on 1 January 2022 with 35% private use by the owner of the business
-Delivery van costing £15,000 with 10% private use by the owner of the busines
Car with emissions of 45 g/km costing £14,000 on 10 June 2021 with 20% private use by one of the employees
3 types of basis of assessment rules.(3)
-Current year basis e.g taxed in year AC period ends eg AC accounts end 30th april 2020 will be taxed in the tax year 2020/21
-Opening year rules (first tax year and second onwards)
-Cessation of trade rules
Describe how you calculate first tax year basis.(2)
Goes from time apportioned from start of trade to the start of the new tax year but may need time apportioning!! Called actual basis!
E.g. if start trade 1st July 20X1 would be 9 months till 31st March X2 (go off nearest month and this is closest to 5th April)
Describe how you would calculate second tax year onwards?(2)
-First need to decide if there is a period of accounting (POA) ending in 2nd tax year, if not tax ACTUAL TAX YEAR
-If there is HOW LONG?
If EXACTLY 12 months tax that period of account
If LESS than 12 tax first 12 months of trading e.g. from date of commencement
If MORE than 12 tax last 12 in the long POA
Golden rule is that HMRC tax 12 months of profits
How do basis period rules apply to a partner?
Individual for each partner so would be different for ongoing ceasing and joining partners thus basis rules would differ.
What tax return dates should you use for partnerships?
Same as given self-assessment dates in tax tables as are the same.
What types of national insurance do self-employed pay?(4)
class 2 and class 4 aged 16 to retirement (65 age in exam)
class 2 is payable by 31 jan following end of the tax year at flat rate of 3.05/week if annual small profits threshold of 6515 is exceeded
class 4 is payable via payment on account/balancing payment with income tax at 9% on profits between 9568-50270 and 2% thereafter
A trader should register with HMRC for NIC and income by 31 jan following the end of the tax year in which trade commences
Remember to round to the nearest pound at each stage in workings