(iv) The stamp duty and/or stamp duty land tax payable by the Saturn Ltd group; (2 marks)Additional marks will be awarded for the appropriateness of the format and presentation of the memorandumand the effectiveness with which the information is communica

题目

(iv) The stamp duty and/or stamp duty land tax payable by the Saturn Ltd group; (2 marks)

Additional marks will be awarded for the appropriateness of the format and presentation of the memorandum

and the effectiveness with which the information is communicated. (2 marks)


相似考题
更多“(iv) The stamp duty and/or stamp duty land tax payable by the Saturn Ltd group; (2 marks)Additional marks will be awarded for the appropriateness of the format and presentation of the memorandumand the effectiveness with which the information is communica”相关问题
  • 第1题:

    (iii) A statement on the importance of confidentiality in the financing of the early stage working capital needs

    and an explanation of how this conflicts with the duty of transparency in matters of corporate

    governance. (6 marks)

    Professional marks for layout, logical flow and persuasiveness of the statement. (4 marks)


    正确答案:
    (iii) Importance of confidentiality in the financing of the project and the normal duty of transparency.
    I have been asked to include a statement in my remarks on the balance between our duty to be transparent whenever
    possible and the need for discretion and confidentiality in some situations. In the case of our initial working capital needs
    for the Giant Dam Project, the importance of confidentiality in financing is due to the potential for adverse publicity that
    may arise for the lender. It is important that R&M have the project adequately financed, especially in the early stages
    before the interim payments from the client become fully effective.
    In general, of course, we at R&M attempt to observe the highest standards of corporate governance and this involves
    adopting a default position of transparency rather than concealment wherever possible. We recognise that transparency
    is important to underpin investor confidence and to provide investors with the information they need to make fund
    allocation decisions.
    Whilst it is normal to disclose the amount of debt we carry at any given point (on the balance sheet), it is rarely normal
    practice to disclose the exact sources of those loans. In the case of the financing of initial working capital for the Giant
    Dam Project, I’m sure you will realise that in this unique situation, disclosure of the lender’s identity could threaten the
    progress of the project. For this reason we must resist any attempts to release this into the public domain. We are aware
    of one pressure group that is actively seeking to discover this information in order to disrupt the project’s progress and
    we shall be taking all internal measures necessary to ensure they do not obtain the information.
    Thank you for listening.

  • 第2题:

    (ii) Calculate her income tax (IT) and national insurance (NIC) payable for the year of assessment 2006/07.

    (4 marks)


    正确答案:

     

  • 第3题:

    (b) Calculate the corporation tax (CT) liabilities for Alantech Ltd, Boron Ltd and Bubble Ltd for the year ending

    31 December 2004 on the assumption that loss reliefs are taken as early as possible. (9 marks)


    正确答案:

    (b) Schedule D Case I calculation
    The three companies form. a group for both group relief and capital gains purposes as all shareholdings pass the 75%
    ownership test. The calculation of the corporation tax liabilities is as follows:

  • 第4题:

    (d) Explain whether or not Dovedale Ltd, Hira Ltd and Atapo Inc can register as a group for the purposes of value

    added tax. (3 marks)


    正确答案:
    (d) Dovedale Ltd and Hira Ltd can register as a group for the purposes of value added tax (VAT) because Dovedale Ltd controls
    Hira Ltd and both companies are established in the UK in that their head offices are in the UK.
    Dovedale Ltd will also control Atapo Inc. However, Atapo Inc cannot be part of a group registration unless it is established
    in the UK or has a fixed establishment in the UK. It will be regarded as established in the UK if it is centrally managed and
    controlled in the UK or if its head office is in the UK. A fixed establishment is a place where the company has staff and
    equipment and where its business is carried on.

  • 第5题:

    (c) Explain the capital gains tax (CGT) and income tax (IT) issues Paul and Sharon should consider in deciding

    which form. of trust to set up for Gisella and Gavin. You are not required to consider inheritance tax (IHT) or

    stamp duty land tax (SDLT) issues. (10 marks)

    You should assume that the tax rates and allowances for the tax year 2005/06 apply throughout this question.


    正确答案:
    (c) As the trust is created in the settlors’ (Paul and Sharon’s) lifetime its creation will constitute a chargeable disposal for capital
    gains tax. Also, as the settlors and trustees are connected persons, the disposal will be deemed to be at market value, resulting
    in a chargeable gain of £80,000 (160,000 – 80,000). No taper relief will be available as the property is a non-business
    asset, and has been held for less than three years, but annual exemptions of £17,000 (2 x £8,500) will be available.
    However, in the case of a discretionary trust, gift hold over relief will be available. This is because the gift will constitute a
    chargeable lifetime transfer and because there is an immediate charge to inheritance tax (even though no tax is payable due
    to the nil rate band) relief is available if a specific accumulation and maintenance trust is used, as in this case the gift will
    qualify as a potentially exempt transfer and so gift relief would only be available in respect of business assets. The use of a
    basic discretionary trust will thus facilitate the deferral of an immediate capital gains tax charge of £25,200 (63,000 x 40%).
    If/when the property is disposed of, however, the trustees will pay capital gains tax on the deferred gain at the trust income
    tax rate of 40%, and have an annual exemption of only £4,250 (50% of the normal individual rate) available to them. The
    40% rate of tax and lower annual exemption rate also apply to chargeable gains arising in a specific accumulation and
    maintenance trust, as well as a basic discretionary trust.
    A chargeable disposal between connected persons will also arise for the purposes of capital gains tax if/when the property
    vests in a beneficiary, i.e. one or more of the beneficiaries becomes absolutely entitled to all or part of the income or capital
    of the trust. Gift hold over relief will again be available on all assets in the case of a discretionary trust, but only on business
    assets in the case of an accumulation and maintenance trust, except where a beneficiary becomes entitled to both income
    and capital at the same time.
    The trust will have taxable property income in the form. of net rents from its creation and in future years is also likely to have
    other investment income, probably in the form. of interest, to the extent that monies are retained in the trust. Whichever form
    of trust is used, the trustees will pay tax at the standard trust rate of 40% on income other than dividend income (32·5%),
    except to the extent of (1) the first £500 of taxable income, which is taxed at the rate that would otherwise apply to such
    income (i.e. 22% for non-savings (rental) income, 20% for savings income (interest) and 10% for dividends) but, only to the
    extent that it is not distributed; and (2) the legitimate trust management expenses, which are offsettable for the purposes of
    the higher trust tax rates against the income with the lowest rate(s) of normal tax and so bear tax only at that rate. The higher
    trust tax rate always applies to income that is distributed, other than to the extent that it has been treated as the settlor’s
    income, and taxed at that settlor’s marginal tax rate.
    As Paul and Sharon intend to create a trust for their unmarried minor (under 18) children, then even if the trust specifically
    excludes them from any benefit under the trust, the trust income will be treated as theirs for income tax purposes to the extent
    that it constitutes income paid for on behalf (including maintenance payments) of Gisella and Gavin; except where (1) the
    total income arising does not exceed £100 gross per annum, and (2) income is held for the benefit of a child under an
    accumulation and maintenance settlement, to the extent that it is not paid out.

  • 第6题:

    (ii) Calculate the corporation tax (CT) payable by Tay Limited for the year ended 31 March 2006, taking

    advantage of all available reliefs. (3 marks)


    正确答案:

     

  • 第7题:

    (ii) The UK value added tax (VAT) implications for Razor Ltd of selling tools to and purchasing tools from

    Cutlass Inc; (2 marks)


    正确答案:
    (ii) Value added tax (VAT)
    Goods exported are zero-rated. Razor Ltd must retain appropriate documentary evidence that the export has taken place.
    Razor Ltd must account for VAT on the value of the goods purchased from Cutlass Inc at the time the goods are brought
    into the UK. The VAT payable should be included as deductible input tax on the company’s VAT return.

  • 第8题:

    (b) Explain the corporation tax and value added tax (VAT) implications of the following aspects of the proposed

    restructuring of the Rapier Ltd group.

    (i) The immediate tax implications of the restructuring. (6 marks)


    正确答案:
    (b) The tax implications of the proposed restructuring of the Rapier Ltd group
    (i) Immediate implications
    Corporation tax
    Rapier Ltd and its subsidiaries are in a capital gains group as Rapier Ltd owns at least 75% of the ordinary share capital
    of each of the subsidiary companies. Any non-exempt items of plant and machinery owned by the subsidiaries will
    therefore be transferred to Rapier Ltd at no gain, no loss.
    No taxable credit or allowable debit will arise on the transfer of the subsidiaries’ goodwill to Rapier Ltd because the
    companies are in a capital gains group.
    The trading losses brought forward in Dirk Ltd will be transferred with the trade to Rapier Ltd as the effective ownership
    of the three trades will not change (Rapier Ltd owns the subsidiaries which own the trades and, following the
    restructuring, will own the three trades directly). The losses will be restricted to being offset against the future trading
    profits of the Dirk trade only.
    There will be no balancing adjustments in respect of the plant and machinery transferred to Rapier Ltd. Writing down
    allowances will be claimed by the subsidiaries in respect of the year ending 30 June 2007 and by Rapier Ltd in respect
    of future periods.
    Value added tax (VAT)
    No VAT should be charged on the sales of the businesses to Rapier Ltd as they are outside the scope of VAT. This is
    because the trades are to be transferred as going concerns to a VAT registered person with no significant break in trading.
    Switch Ltd must notify HM Revenue and Customs by 30 July 2007 that it has ceased to make taxable supplies.

  • 第9题:

    (c) Explanatory notes, together with relevant supporting calculations, in connection with the loan. (8 marks)

    Additional marks will be awarded for the appropriateness of the format and presentation of the schedules, the

    effectiveness with which the information is communicated and the extent to which the schedules are structured in

    a logical manner. (3 marks)

    Notes: – you should assume that the tax rates and allowances for the tax year 2006/07 and for the financial year

    to 31 March 2007 apply throughout the question.

    – you should ignore value added tax (VAT).


    正确答案:
    (c) Tax implications of there being a loan from Flores Ltd to Banda
    Flores Ltd should have paid tax to HMRC equal to 25% of the loan, i.e. £5,250. The tax should have been paid on the
    company’s normal due date for corporation tax in respect of the accounting period in which the loan was made, i.e. 1 April
    following the end of the accounting period.
    The tax is due because Flores Ltd is a close company that has made a loan to a participator and that loan is not in the ordinary
    course of the company’s business.
    HMRC will repay the tax when the loan is either repaid or written off.
    Flores Ltd should have included the loan on Banda’s Form. P11D in order to report it to HMRC.
    Banda should have paid income tax on an annual benefit equal to 5% of the amount of loan outstanding during each tax
    year. Accordingly, for each full year for which the loan was outstanding, Banda should have paid income tax of £231
    (£21,000 x 5% x 22%).
    Interest and penalties may be charged in respect of the tax underpaid by both Flores Ltd and Banda and in respect of the
    incorrect returns made to HMRC
    Willingness to act for Banda
    We would not wish to be associated with a client who has engaged in deliberate tax evasion as this poses a threat to the
    fundamental principles of integrity and professional behaviour. Accordingly, we should refuse to act for Banda unless she is
    willing to disclose the details regarding the loan to HMRC and pay the ensuing tax liabilities. Even if full disclosure is made,
    we should consider whether the loan was deliberately hidden from HMRC or Banda’s previous tax adviser.
    In addition, companies are prohibited from making loans to directors under the Companies Act. We should advise Banda to
    seek legal advice on her own position and that of Flores Ltd.

  • 第10题:

    (b) Advise Maureen on deregistration for the purposes of value added tax (VAT) and any possible alternative

    strategy. (8 marks)

    An additional mark will be awarded for the effectiveness with which the information is communicated.

    (1 mark)


    正确答案:
    (b) Advice on Maureen’s VAT position
    Deregistration
    In order to voluntarily deregister for VAT you must satisfy HMRC that the value of your taxable supplies in the next twelve
    months will not exceed £62,000. You will then be deregistered with effect from the date of your request or a later date as
    agreed with HMRC.
    On deregistering you are regarded as making a supply of all stocks and equipment in respect of which input tax has been
    claimed. However, the VAT on this deemed supply need only be paid to HMRC if it exceeds £1,000.
    Once you have deregistered, you must no longer charge VAT on your sales. You will also be unable to recover the input tax
    on the costs incurred by your business. Instead, the VAT you pay on your costs will be allowable when computing your taxable
    profits.
    You should monitor your sales on a monthly basis; if your sales in a twelve-month period exceed £64,000 you must notify
    HMRC within the 30 days following the end of the twelve-month period. You will be registered from the end of the month
    following the end of the twelve-month period.
    Flat rate scheme
    Rather than deregistering you may wish to consider operating the flat rate scheme. This would reduce the amount of
    administration as you would no longer need to record and claim input tax in respect of the costs incurred by your business.
    Under the flat rate scheme you would continue to charge your customers VAT in the way that you do at the moment. You
    would then pay HMRC a fixed percentage of your VAT inclusive turnover each quarter rather than calculating output tax less
    input tax. This may be financially advantageous as compared with deregistering; I would be happy to prepare calculations for
    you if you wish.

  • 第11题:

    (ii) State, with reasons, whether Messier Ltd can provide Galileo with accommodation in the UK without

    giving rise to a UK income tax liability. (2 marks)


    正确答案:
    (ii) Tax-free accommodation
    It is not possible for Messier Ltd to provide Galileo with tax-free accommodation. The provision of accommodation by an
    employer to an employee will give rise to a taxable benefit unless it is:
    – necessary for the proper performance of the employee’s duties, e.g. a caretaker; or
    – for the better performance of the employee’s duties and customary, e.g. a hotel manager; or
    – part of arrangements arising out of threats to the employee’s security, e.g. a government minister.
    As a manager of Messier Ltd Galileo is unable to satisfy any of the above conditions.

  • 第12题:

    (c) Critically discuss the likely effectiveness of standard questionnaires sent to other auditors as a means of

    obtaining information required. (5 marks)


    正确答案:
    (c) Likely effectiveness of standard questionnaires
    Most group auditors obtain information from other auditors through questionnaires in the form. of yes/no requests and/or
    detailed questions.
    Standard yes/no questionnaires are widely used because, for example, they:
    ■ can be completed more quickly by someone already familiar with their form. and content;
    ■ facilitate summarisation of responses from other auditors by the group auditor.
    However, a standard questionnaire may be less effective than a ‘bespoke’ one in that it is likely to ask unnecessary questions.
    This may result in the other auditor finding the questions to be ‘not applicable’ and regarding completion of the questionnaire
    as a form-filling exercise, rather than providing the group auditor with essential information.
    Nevertheless, there is a danger that questionnaires that are not based on some standard form. may overlook or otherwise omit
    some significant issues and therefore fail to alert the group auditor to a potential risk area.
    Thus a balance needs to be struck between requesting enough information for the group auditor to form. their own view
    without requesting meaningless ‘box-ticking’ questions that do not deal with the issues. Questionnaires that get longer and
    longer are likely to lose their effectiveness especially if they are to be used in different locations/jurisdictions.
    Questionnaires will cover a broad range of topics such as qualifications, competence/experience, compliance with ISAs (and
    ISQC 1), audit findings, subsequent events, etc. Therefore there will be a tendency to length (completeness) rather than
    quality (relevance).
    In conclusion, questionnaires should:
    ■ avoid over-use of yes/no questions which may encourage laxity;
    ■ not ask for information that has already been provided or which is unnecessary; and
    ■ be adequately tailored.

  • 第13题:

    (iii) Whether or not you agree with the statement of the marketing director in note (9) above. (5 marks)

    Professional marks for appropriateness of format, style. and structure of the report. (4 marks)


    正确答案:

    (iii) The marketing director is certainly correct in recognising that success is dependent on levels of service quality provided
    by HFG to its clients. However, whilst the number of complaints is an important performance measure, it needs to be
    used with caution. The nature of a complaint is, very often, far more indicative of the absence, or a lack, of service
    quality. For example, the fact that 50 clients complained about having to wait for a longer time than they expected to
    access gymnasium equipment is insignificant when compared to an accident arising from failure to maintain properly a
    piece of gymnasium equipment. Moreover, the marketing director ought to be aware that the absolute number of
    complaints may be misleading as much depends on the number of clients serviced during any given period. Thus, in
    comparing the number of complaints received by the three centres then a relative measure of complaints received per
    1,000 client days would be far more useful than the absolute number of complaints received.
    The marketing director should also be advised that the number of complaints can give a misleading picture of the quality
    of service provision since individuals have different levels of willingness to complain in similar situations.
    The marketing director seems to accept the current level of complaints but is unwilling to accept any increase above this
    level. This is not indicative of a quality-oriented organisation which would seek to reduce the number of complaints over
    time via a programme of ‘continuous improvement’.
    From the foregoing comments one can conclude that it would be myopic to focus on the number of client complaints
    as being the only performance measure necessary to measure the quality of service provision. Other performance
    measures which may indicate the level of service quality provided to clients by HFG are as follows:
    – Staff responsiveness assumes critical significance in service industries. Hence the time taken to resolve client
    queries by health centre staff is an important indicator of the level of service quality provided to clients.
    – Staff appearance may be viewed as reflecting the image of the centres.
    – The comfort of bedrooms and public rooms including facilities such as air-conditioning, tea/coffee-making and cold
    drinks facilities, and office facilities such as e-mail, facsimile and photocopying.
    – The availability of services such as the time taken to gain an appointment with a dietician or fitness consultant.
    – The cleanliness of all areas within the centres will enhance the reputation of HFG. Conversely, unclean areas will
    potentially deter clients from making repeat visits and/or recommendations to friends, colleagues etc.
    – The presence of safety measures and the frequency of inspections made regarding gymnasium equipment within
    the centres and compliance with legislation are of paramount importance in businesses like that of HFG.
    – The achievement of target reductions in weight that have been agreed between centre consultants and clients.
    (Other relevant measures would be acceptable.)

  • 第14题:

    (ii) State when the inheritance tax (IHT) calculated in (i) would be payable and by whom. (2 marks)


    正确答案:
    (ii) Inheritance tax administration
    The tax on Debbie’s estate (personalty and realty) would be paid by the personal representatives, usually an executor.
    Inheritance tax is due six months from the end of the month in which death occurred (31 December 2005) or the date
    on which probate is obtained (if earlier). However, an instalment option is available for certain assets, which includes
    land and buildings i.e. the residence whereby the tax can be paid in 10 equal annual instalments.

  • 第15题:

    (c) Calculate the expected corporation tax liability of Dovedale Ltd for the year ending 31 March 2007 on the

    assumption that all available reliefs are claimed by Dovedale Ltd but that Hira Ltd will not claim any capital

    allowances in that year. (4 marks)


    正确答案:

     

  • 第16题:

    (b) (i) Compute the corporation tax liability of Speak Write Ltd for its first trading period on the assumption

    that the IR 35 legislation applies to all of its income. (2 marks)


    正确答案:

     

  • 第17题:

    (iii) State the value added tax (VAT) and stamp duty (SD) issues arising as a result of inserting Bold plc as

    a holding company and identify any planning actions that can be taken to defer or minimise these tax

    costs. (4 marks)

    You should assume that the corporation tax rates for the financial year 2005 and the income tax rates

    and allowances for the tax year 2005/06 apply throughout this question.


    正确答案:
    (iii) Bold plc will be making a taxable supply of services, likely to exceed the VAT threshold. It should therefore consider
    registering for VAT – either immediately on a voluntary basis, or when its cumulative taxable supplies in the previous
    twelve months exceed £60,000.
    As an alternative, the new group can apply for a group VAT registration. This will simplify its VAT administration as intragroup
    transactions are broadly disregarded for VAT purposes, and only one VAT return is required for the group as a
    whole.
    Stamp duty normally applies at 0·5% on the consideration payable in respect of transactions in shares. However, an
    exemption is available in the case of a takeover, reconstruction or amalgamation where there is no real change in
    ownership, i.e. the new shareholdings mirror the old shareholdings, and the transaction is for commercial purposes. The
    insertion of a new holding company over an existing company, as proposed here, would qualify for this exemption.
    There is no VAT on transactions in shares.

  • 第18题:

    (b) (i) Calculate Amanda’s income tax payable for the tax year 2006/07; (11 marks)


    正确答案:

     

  • 第19题:

    (iii) The extent to which Amy will be subject to income tax in the UK on her earnings in respect of duties

    performed for Cutlass Inc and the travel costs paid for by that company. (5 marks)

    Appropriateness of format and presentation of the report and the effectiveness with which its advice is

    communicated. (2 marks)

    Note:

    You should assume that the income tax rates and allowances for the tax year 2006/07 and the corporation tax

    rates and allowances for the financial year 2006 apply throughout this questio


    正确答案:
    (iii) Amy’s UK income tax position
    Amy will remain UK resident and ordinarily resident as she is not leaving the UK permanently or for a complete tax year
    under a full time contract of employment. Accordingly, she will continue to be subject to UK tax on her worldwide income
    including her earnings in respect of the duties she performs for Cutlass Inc. The earnings from these duties will also be
    taxable in Sharpenia as the income arises in that country.
    The double tax treaty between the UK and Sharpenia will either exempt the employment income in one of the two
    countries or give double tax relief for the tax paid in Sharpenia. The double tax relief will be the lower of the UK tax and
    the Sharpenian tax on the income from Cutlass Inc.
    Amy will not be subject to UK income tax on the expenses borne by Cutlass Inc in respect of her flights to and from
    Sharpenia provided her journeys are wholly and exclusively for the purposes of performing her duties in Sharpenia.
    The amounts paid by Cutlass Inc in respect of Amy’s family travelling to Sharpenia will be subject to UK income tax as
    Amy will not be absent from the UK for a continuous period of at least 60 days.

  • 第20题:

    (c) The inheritance tax payable by Adam in respect of the gift from his aunt. (4 marks)

    Additional marks will be awarded for the appropriateness of the format and presentation of the memorandum and

    the effectiveness with which the information is communicated. (2 marks)

    Note: you should assume that the tax rates and allowances for the tax year 2006/07 will continue to apply for the

    foreseeable future.


    正确答案:
    (c) Inheritance tax payable by Adam
    The gift by AS’s aunt was a potentially exempt transfer. No tax will be due if she lives until 1 June 2014 (seven years after
    the date of the gift).
    The maximum possible liability, on the assumption that there are no annual exemptions or nil band available, is £35,216
    (£88,040 x 40%). This will only arise if AS’s aunt dies before 1 June 2010.
    The maximum liability will be reduced by taper relief of 20% for every full year after 31 May 2010 for which AS’s aunt lives.
    The liability will also be reduced if the chargeable transfers made by the aunt in the seven years prior to 1 June 2007 are
    less than £285,000 or if the annual exemption for 2006/07 and/or 2007/08 is/are available.

  • 第21题:

    (b) A summary of the information needed to satisfy our obligations under the money laundering legislation and

    any action that should be taken before agreeing to become tax advisers to the Saturn Ltd group. (5 marks)


    正确答案:
    (b) Before agreeing to become tax advisers to the Saturn Ltd group
    Information needed:
    – Proof of incorporation and primary business address and registered office.
    – The structure, directors and shareholders of the company.
    – The identities of those persons instructing the firm on behalf of the company and those persons that are authorised to
    do so.
    Action to take:
    – Consider whether becoming tax advisers to the Saturn Ltd group would create any threats to compliance with the
    fundamental principles of professional ethics, for example integrity and professional competence. Where such threats
    exist, we should not accept the appointment unless the threats can be reduced to an acceptable level via the
    implementation of safeguards.
    – Contact the existing tax adviser in order to ensure that there has been no action by the Saturn Ltd group that would, on
    ethical grounds, preclude us from accepting appointment.

  • 第22题:

    (b) Provide the directors of Acrux Ltd with a detailed explanation of the maximum rate of tax that will be suffered

    on both the distributed and non-distributed profits of the non-UK resident investee companies where:

    (1) there is a double tax treaty between the UK and the country in which the individual companies are

    resident; and

    (2) there is no such double tax treaty.

    Note: you are not required to explain the position of the overseas resident branches. (6 marks)


    正确答案:
    (b) Rate of tax on profits of non-UK resident investee companies
    Undistributed profits
    The companies will be subject to tax in the countries in which they are resident; this is because of their residency status or
    because they have a permanent establishment in that country. Undistributed profits will not be taxed in the UK.
    The rate of tax on undistributed profits will therefore be the rate of tax in the country of residency of the respective companies.
    Distributed profits with double tax treaty
    The dividends received by Acrux Ltd from each of the overseas companies will be grossed up in respect of underlying tax (the
    overseas corporation tax paid on the distributed profits) because Acrux Ltd will own at least 10% of the overseas companies.
    The gross amount will then be included in Acrux Ltd’s profits chargeable to corporation tax.
    The treaty will provide double tax relief in the UK for the overseas tax suffered in respect of each dividend up to a maximum
    of the UK tax on the grossed up overseas dividend. As a result of the double tax relief, the overall rate of tax suffered will be
    the higher of the UK rate paid by Acrux Ltd and the overseas tax rate borne by the overseas company.
    Where the rate of overseas tax in respect of a particular dividend exceeds the rate of corporation tax in the UK, excess foreign
    tax will arise. This can be relieved, via onshore pooling, against the UK tax due on those dividends where the rate of tax in
    the UK exceeds the rate overseas. This will reduce the overall rate of tax suffered on the total overseas profits of the overseas
    companies as a whole.
    Distributed profits with no double tax treaty
    Where there is no double tax treaty, unilateral double tax relief will be available in the UK. This relief will operate in the same
    way as double tax relief under a double tax treaty such that the overall rate of tax on each dividend will be the higher of the
    UK rate paid by Acrux Ltd and the overseas rate borne by the overseas company. Relief via onshore pooling will also be
    available.

  • 第23题:

    (b) Calculate the amount of input tax that will be recovered by Vostok Ltd in respect of the new premises in the

    year ending 31 March 2009 and explain, using illustrative calculations, how any additional recoverable input

    tax will be calculated in future years. (5 marks)


    正确答案:
    (b) Recoverable input tax in respect of new premises
    Vostok Ltd will recover £47,880 (£446,500 x 7/47 x 72%) in the year ending 31 March 2009.
    The capital goods scheme will apply to the purchase of the building because it is to cost more than £250,000. Under the
    scheme, the total amount of input tax recovered reflects the use of the building over the period of ownership, up to a maximum
    of ten years, rather than merely the year of purchase.
    Further input tax will be recovered in future years as the percentage of exempt supplies falls. (If the percentage of exempt
    supplies were to rise, Vostok Ltd would have to repay input tax to HMRC.)
    The additional recoverable input tax will be computed by reference to the percentage of taxable supplies in each year including
    the year of sale. For example, if the percentage of taxable supplies in a particular subsequent year were to be 80%, the
    additional recoverable input tax would be computed as follows.
    £446,500 x 7/47 x 1/10 x (80% – 72%) = £532.
    Further input tax will be recovered in the year of sale as if Vostok Ltd’s supplies in the remaining years of the ten-year period
    are fully vatable. For example, if the building is sold in year seven, the additional recoverable amount for the remaining three
    years will be calculated as follows.
    £446,500 x 7/47 x 1/10 x (100% – 72%) x 3 = £5,586.