...ADVANCED TAX Consider the following examples designed to illustrate the point that you should study the law and not problems. General rule on income: All income is taxable unless something in the tax law says that it is not. General rule on deductions: Nothing is deductible unless some provision in the tax law says that it is. General rule on losses: The only losses that are deductible are for 1) Investment, 2) Business, or 3) Casualty. Example #1: Bill is in love and buys his girlfriend, Hillary, an engagement ring at a cost of $100. Later, she notices his roving eye and returns the ring to him and he sells it for $95. What is the tax result? (Megan and Phuong) SP = 95, basis = 100 ( loss = The loss is not deductible because the only losses that are deductible are for investment, business or casualty. Example #2: Bill is in love and buys his girlfriend, Hillary, an engagement ring at a cost of $100. Later, she notices his roving eye and returns the ring to him and he sells it for $105. What is the tax result? (Phuong and Jake) The gain of $5 is taxable because nothing says it’s not HEAD OF HOUSEHOLD – The requirements are as follows: 1. The person must be unmarried. 2. The person must a) provide at least half the cost of a household in which at least one b) dependent c) relative lives. Note that in the case of a dependent parent, the parent need not live with the taxpayer. EXAMPLE #3: Justin is single, lives alone, and fully supports...
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...THE HONG KONG POLYTECHNIC UNIVERSITY AF5206 HONG KONG TAX FRAMEWORK Unit 14 – Anti-avoidance Provisions Coverage 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Tax avoidance and Tax evasion Principles of anti-avoidance rules Anti-avoidance provisions in IRO Section 61 Section 61A Doctrine of fiscal nullity Section 20 Section 61B Section 39E Section 9A (Type I service company arrangement) Type II service company arrangement Advance Ruling Tax planning and ethical issues Basic tax planning principles Basic techniques of tax planning 1 TAX AVOIDANCE AND TAX EVASION Tax avoidance - Attempt to obtain tax benefit (i.e. reduction, elimination or postponement of tax) by legal means Tax evasion - Failure on the part of taxpayer to supply full and correct information relevant to an assessment of tax because of deliberate attempt or negligence - An offence punishable by a fine and/or imprisonment 2 PRINCIPLES OF ANTI-AVOIDANCE RULES Westminster principle - “Every man is entitled if he can, to order his affairs so that tax attaching under the appropriate Act is less than it would otherwise be.” [Lord Tomlin in IRC v. Duke of Westminster (1935)] Choice principle - Established in Australian case law 2014 MPA_U14 Anti-avoidance.doc 1 August 2014 - Taxpayers are free to create favourable situations which will attract tax consequences for which the legislation specifically provides - If the legislature confers a choice on the taxpayer so as to whether or not...
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...†iwR÷vW© bs wW G-1 evsjv‡`k †M‡RU AwZwi³ msL¨v KZ…©cÿ KZ…©K cÖKvwkZ e„n¯úwZevi, Ryb 30, 2011 evsjv‡`k RvZxq msm` XvKv, 30†k Ryb, 2011/16B Avlvp, 1418 msm` KZ©„K M„nxZ wbgœwjwLZ AvBbwU 30†k Ryb, 2011 (16B Avlvp, 1418) Zvwi‡L ivóªcwZi m¤§wZ jvf Kwiqv‡Q Ges GZØviv GB AvBbwU me©mvavi‡Yi AeMwZi Rb¨ cÖKvk Kiv hvB‡Z‡Q t⎯ 2011 m‡bi 12bs AvBb miKv‡ii Avw_©K cÖ¯Ívevejx Kvh©KiKiY Ges KwZcq AvBb ms‡kvabK‡í cÖYxZ AvBb †h‡nZz miKv‡ii Avw_©K cÖ¯Ívevejx Kvh©KiKiY Ges wbæewY©Z D‡Ïk¨mg~n c~iYK‡í KwZcq AvBb ms‡kvab Kiv mgxPxb I cÖ‡qvRbxq ; †m‡nZz GZ`&Øviv wbgœiƒc AvBb Kiv nBj:⎯ cÖ_g Aa¨vq cÖviw¤¢K 1| mswÿß wk‡ivbvg I cÖeZ©b|⎯(1) GB AvBb A_© AvBb, 2011 bv‡g AwfwnZ nB‡e| (2) The Provisional Collection of Taxes Act, 1931 (XVI of 1931) Gi Aaxb Rb¯^v‡_© RvixK…Z †NvlYv mv‡c‡ÿ, GB AvBb 2011 m‡bi 1 RyjvB Zvwi‡L Kvh©Ki nB‡e| ( 7677 ) g~j¨ t UvKv 44.00 7678 evsjv‡`k †M‡RU, AwZwi³, Ryb 30, 2011 wØZxq Aa¨vq The Excise & Salt Act, 1944 (I of 1944) Gi ms‡kvab Act I of 1944 Gi FIRST SCHEDULE Gi ms‡kvab |⎯The Excise & Salt Act, 1944 (I of 1944) Gi FIRST SCHEDULE Gi PART II Gi cwie‡Z© GB AvB‡bi Zdwmj-1 G ewY©Z FIRST SCHEDULE Gi PART II cÖwZ¯’vwcZ nB‡e| 2| Z…Zxq Aa¨vq Customs Act, 1969 (Act IV of 1969) Gi ms‡kvab 2K| Act IV of 1969 G section 3 Gi ms‡kvab|⎯Customs Act, 1969 (Act IV of 1969), AZtci Customs Act ewjqv DwjøwLZ, Gi section 3 Gi clause (a) Gi cwie‡Z© wbgœewY©Z clause (a) Ges clause (aa) mwbœ‡ewkZ nB‡e, h_v t⎯ Ò(a) a Chief Commissioner...
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...What is tax haven? Why are all tycoons so crush on them? In January 9, 2015, Cheung Kong Holdings Limited announced the restructuring arrangement of combining Cheung Kong Holdings and Hutchison Whampoa to form a new listed company: “CK Hutchison Holdings Limited”. This newly established company is incorporated at Cayman Islands (SCMP, 2015) which has been commonly known as “tax haven”. As the name implies, tax haven is a place where levy taxes at a very low rate or even not at all to companies registered there. It has been an interesting phenomenon that most of the largest corporations in the world, they are not registered at the place where they operate their major business or make most of the profits. Indeed, how is this mechanism works? How could the multi-national corporations in the world transfer their profits made all over the world to these tax havens to avoid tax? Advantages of tax havens If we look at the figures provided by HKEX in 2013, 724 out of 1602 companies listed in Hong Kong Stock Exchange market are incorporated in Cayman Islands (881903, 2015). This has indicated that it has already been a common practice for listed companies to be registered in these offshore financial centre. Take Cayman Islands as an example, being one of the most popular tax havens in the world, not only it has a no profit tax levied, but also it comes with much looser company law and other financial regulations. For the investors who want to register a company in Cayman Islands...
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...expect the same favorable forecast of demand on vessels service over the long run. 3. Do you expect daily spot hire rates to increase or decrease next year? Why? Spot rate is expected to fall in 2001 and 2002, because 63 new vessels were scheduled for delivery in 2001 and that imports of iron ore and coal would probably remain stagnant over the two years. Another important fact is that old vessels accounts for a small percentage of the existing vessels and there won’t be a significant reduction in supply due to scraping of old vessels. 4. Show the Free cash flow from operating the new capsize vessel in the first five years. Please refer to the Table 1 below, which shows the free cash flows from operating the new capesize of US firm and HK firm in the first five years. Key Assumptions: 1) The Special Survey capital expenditures were depreciated on a...
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...Recorded obligation in the form of written notes. • Usually require the borrower to pay interest. • Issued for varying periods of time. • Those due for payment within one year of the statement of financial position date are usually classified as current liabilities. 5 Current Liabilities Illustration: Hong Kong National Bank agrees to lend HK$100,000 on September 1, 2014, if C.W. Co. signs a HK$100,000, 12%, four-month note maturing on January 1. Instructions a) Prepare the journal entry on September 1. b) Prepare the adjusting journal entry on December 31, assuming monthly adjusting entries have not been made. c) Prepare the journal entry at maturity (January 1, 2015). 6 Current Liabilities Illustration: Hong Kong National Bank agrees to lend HK$100,000 on September 1, 2014, if C.W. Co. signs a HK$100,000, 12%, four-month note maturing on January 1. a) Prepare the journal entry on September 1. b) Prepare the adjusting journal entry on Dec. 31. 7 Current Liabilities Illustration: Hong Kong National Bank agrees to lend HK$100,000 on September 1, 2014, if C.W. Co. signs a HK$100,000, 12%, four-month note maturing on January 1....
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...2013 Budget Speech Minister of Finance Pravin Gordhan 27 February 2013 ISBN: 978-0-621-41456-1 RP: 345/2012 To obtain copies please contact: Communications Unit National Treasury Private Bag X115 Pretoria 0001 Tel: +27 12 315 5526 Fax: +27 12 315 5126 Budget documents are available at: www.treasury.gov.za 2013 Budget Speech Honourable Speaker I have the honour to present the fourth budget of President Zuma’s administration. Mr President you said in the State of the Nation address that “we should put South Africa first. All of us have a patriotic duty and responsibility to build and promote our country.” You further said “The National Development Plan provides a perfect vehicle for united action precisely because it has the support of South Africans across the political and cultural spectrum. Leaders in every avenue should be ready to rise above sectional interests and with great maturity, pull together to take this country forward.” This challenge applies to all sections of our society: business, labour, public representatives, activists and citizens in every part of the country. As we pointed out in the 2012 Budget, global economic uncertainty will remain with us for some time. South Africa’s economic outlook is improving, but requires that we actively pursue a different trajectory if we are to address the challenges ahead. 1 2013 Budget Speech Under your leadership Mr President, we have opened new channels of communication and built more cohesion among...
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...TAX COMPETENCIES, COMPLIANCE COSTS AND INCOME TAX COMPLIANCE AMONG SMEs IN UGANDA BY ANNET NAKIWALA 2007/HD10/11264U A DISSERTATION SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENT S FOR THE AWARD OF THE DEGREE OF MASTER OF SCIENCE IN ACCOUNTING AND FINANCE OF MAKERERE UNIVERSITY September, 2010 TAXCOMPETENCIES, COMPLIANCE COSTS & INCOME TAX COMPLIANCE DECLARATION I, Annet Nakiwala, declare that this dissertation is my own work and that it has never been presented for a degree award at any other university. Signature: ………………………………………… Date: ……………………………………………… ii TAXCOMPETENCIES, COMPLIANCE COSTS & INCOME TAX COMPLIANCE APPROVAL This is to certify that this dissertation has been submitted in partial fulfillment of the requirement for the award of a Masters of Science degree in Accounting and Finance of Makerere University with my approval as University Supervisor. Joseph Ntayi (PhD) Supervisor Signature: ………………… Date: ……………………… Arthur Sserwanga Supervisor Signature: ………………… Date: …………………….. iii TAXCOMPETENCIES, COMPLIANCE COSTS & INCOME TAX COMPLIANCE DEDICATION I dedicate this entire effort to my late Mother Gorreth Nabagereka. We miss you dearly. iv TAXCOMPETENCIES, COMPLIANCE COSTS & INCOME TAX COMPLIANCE ACKNOWLEDGEMENTS Completion of this research has been a result of both direct and indirect support of many people to whom I owe acknowledgement. I owe profound gratitude to my supervisors Dr. Joseph Ntayi and...
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...Private Inurement In order for any healthcare organization or nonprofit hospital to become income tax exempt under Section 501(c)(3) they must ensure that no portion of the hospital or organizations net earnings benefits any individual or private shareholder associated with the organization. When an organization qualifies as a 501(c)(3), the IRS presumes it is a private foundation unless the organization can show it is a public charity. This excludes statutory public charities such as schools and churches. A charity organization can lose tax exempt benefits if found to violate the private inurement proscription. Inurement violations can occur when a financial benefit occurs from the allocation of an organization’s financial resources to an individual without regard to exempt status in mind and based solely on the individual’s relationship with the organization. Individuals or private shareholders are known as “insiders” who have a personal interest in the organization’s activities or the individual is in a position to influence the organization (Zarzar, 2001). According to Karl Emerson, excessive compensation is the most common type of private inurement paid to insiders within an organization. There are other forms of private inurement that can cause an organization to lose their tax exempt status or impose intermediate sanctions such as: organizations purchase of an asset from an insider; sale of organization’s asset to an insider; the organization’s rental of property to...
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...information needed to calculate WACC can be found on a balance sheet. Difficulty:Moderate Instructions Calculating WACC 1 Gather the required information from the balance sheet. Finding the information is the hardest step. Write out the full WACC equation and list the variables separately. It is a good idea to make a list of all your variables before rewriting the equation. WACC = [(E/V) * Re] + [(D/V) * Rd * (1-Tc)] Re= cost of equity (expected rate of return on equity) Rd = cost of debt (expected rate of return on debt) E = market value of company equity D = market value of company debt V = total capital invested, which equals E + D E/V = percentage of financing that is equity D/V = percentage of financing that is debt Tc = corporate tax rate Start calculating the variables. Start with cost of equity and cost of debt. Some companies include these ratios on the balance sheet or income statement. It is a good idea to check both those reports and the executive summary at the beginning of financial statements---why do calculations if the company has done them for you? 2 http://www.ehow.com/print/how_5325911_calculate-wacc-balance-sheet.html 4/6/2013 How to Calculate the WACC From a...
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...ECONOMICS IN ONE LESSON by Henry Hazlitt Nobel Laureate in Economics, F.A. Hayek said in 1974 about Hazlitt‟s book: “It is a brilliant performance. It says precisely the things which need most saying and says them with rare courage and integrity. I know of no other modern book from which the intelligent layman can learn so much about the basic truths of economics in so short a time.” (Back cover) “This book is an analysis of economic fallacies that are at last so prevalent that they have almost become a new orthodoxy....its effort is to show that many of the ideas which now pass for brilliant innovations and advances are in fact mere revivals of ancient errors, and a further proof of the dictum that those who are ignorant of the past are condemned to repeat it.” (pp. 9-10) “As Morris R. Cohen has remarked: „The notion that we can dismiss the views of all previous thinkers surely leaves no basis for the hope that our own work will prove of any value to others.‟” (interior quote: Reason and Nature (1931), p.x.; Hazlitt, p.10) “It is the beliefs which politically influential groups hold and which governments act upon that we are interested in here, not the historical origins of those beliefs....Fallacies, when they have reached the popular stage, become anonymous anyway.” (p.11) The Lesson: “Economics is haunted by more fallacies than any other study known to man. This is no accident.” (p. 15) “While every group has certain economic interests identical with those of all groups, every...
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...1. Case summary: Russia used export taxes on oil after the fall of Soviet Union which caused a huge GDP declined. After that the new Russian government freed most consumer and producer prices and this abolished the state foreign trade monopoly. The export and the value add were proven as the largest sources of tax revenue for the Russian. Government reduced income tax after implementing this strategy. This strategy accelerate the GDP increase and the budget revenue doubled from 12%-24%. Only for this reason Russian fiscal balance had shifted from a deficit of 6% to a surplus of 9% of GDP. These proved that in Russia export duties and other taxes on energy producers provide the largest sources of tax revenue which is centralized in the federal budget. Major Problems with the Oil Industry In 1991, after a long period of economic and political stagnation, the Soviet Union collapsed. The energy industry contracted along with the rest of the Soviet economy. Oil production in 1996 was less than 6 million barrels a day – about half of pre-1990 levels. This contraction was partly due to the overall slowdown in the Russian economy that caused a decrease in energy demand. The energy sector also suffered because of the inefficiencies inflicted upon the Russian economy during the administrative-command system of the Soviet Union and the reluctance of post-Soviet governors of Russia to implement policies that would remedy these inefficiencies in an era of otherwise open market conditions...
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...Research Problem 1 1. Discuss the different types of interests and the IRS rule related to the deductibility of each type for tax purposes. Interest is a fee paid by a borrower of assets to the owner as a form of compensation for the use of the assets. There are different types of interests, including investment interest, qualified residence interest, student loan interest, and personal interest, which are either deductible or nondeductible. Personal interests are interests on car loans, credit cards, loans for appliances and furniture and interest on loans made by one person to another. Personal interest is nondeductible. If interest is paid on a qualified student loan, taxpayers may be able to deduct the interest as deduction for AGI. Generally, the allowable amount for student loan is lesser of $2,500 or the amount of interest taxpayer actually paid. Investment interest is interest paid on money borrowed to purchase or hold investment property. It is tax deductible on income tax return up to the amount of the net investment income. However, if the interest is incurred to produce tax exempt income, it cannot be deducted. Investment interest is not any qualified home mortgage interest or any interest taken into account in computing income or loss from a passive activity. The qualified residence interest is interest taxpayer pays on a loan secured by one’s main home or a second home. The loan may be a mortgage to buy primary home, a second mortgage, a home equity loan, or line...
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...function and survive. It is this constant necessity for capital that gives way to much of the debate within tax accounting. In the United States, citizens and taxable businesses have an obligation to pay taxes to the government’s tax collecting body, the Internal Revenue Service. The IRS functions as the implementing body for the U.S. tax laws found in the Internal Revenue Code. While the IRC serves as the main source of regulation for taxation, actual implementation is a very subjective issue and left open to multiple interpretations. Within the IRC, taxpayers are entitled to numerous deductions that, in essence, reduce their tax liability. The ability to reduce taxes creates an incentive to analyze the Code and utilize every method possible that will help save money. This practice, in turn, opens the door for tax avoidance and aggressive tax accounting. One of the most aggressive tax issues that the IRS faces is the usage of tax shelters. A tax shelter is an investment that utilizes loopholes in order to avoid the payment of taxes. Many tax shelters that have been developed are considered completely legal and follow the IRC properly, serving some major economic purpose. In the late twentieth century, it became common practice for big accounting firms to develop and market different tax shelters in order to reduce their client’s tax liabilities. Some of the tax...
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...National Government The President discussed 5 important points in his 2013State of the Union Speech and they were: Immigration Reform: Minimum Wage Increase: Tax Reform & Debt Ceiling: Climate Change and Gun Control. At a time when Republicans are insisting on spending cuts, Obama pushed more public spending on universal preschool, construction work on bridges and schools and a jobs program rebuilding vacant homes in rundown neighborhoods. He pushed for an increase in the minimum wage to $9 an hour, with future increases tied to the cost of living. And he continued to push in support of left-leaning social issues including gun control, immigration reform, climate change and advancing equal rights for gays. President Obama stated how the American people does not expect government to solve every problem nor agree on every issue, but we do expect for the government to put the nation’s interests before party. He stated that their work must begin by making some basic decisions about the budget, decisions that will have a huge impact on the strength of American recovery. Over the last few years, both parties have been working together to reduce the deficit and has done so by more than $2.5 trillion, mostly through spending cuts, but also by raising tax rates on the wealthiest 1 percent of Americans. As a result, we are more than halfway towards the goal of $4 trillion in deficit reduction that economists say we need to stabilize our finances....
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