Monday, October 14, 2019
Can the Tax Industry Be Self-regulated?
Can the Tax Industry Be Self-regulated? Tax Summative:à Critically discuss the assertion that the tax industry cannot be trusted to regulate itself. Introduction, how is UK Tax Industry regulated? HMRC What ways have HMRC been successful? PwC scandal FOR Assertion Ethics Final Opinion It is well known that tax advisory work within the UK is a legally unregulated profession, therefore in order to uphold high standards, the profession depends heavily upon self-regulation by the professional bodies. It is understood that the accounting profession is more prevalent than the legal profession within the market for large business tax advice in the UK. The efficacious tax advisory role of accountants in the UK may, to a certain extent, be explained by the sound working relationships that conventionally exist between the accountancy firms and HMRC, the UK tax authority. It can be argued that that strong relationships with the UK tax authority have corroborated the advising position of the UK accountancy profession. The direct regulations of the tax advisory profession in the UK include a professional code of conduct that warrants professional conduct by incorporating aspects such as due care, integrity, confidentiality and objectivity, tax advisers who are affiliates of the CIOT (Chartered Institute of Taxation), ATT (Association of Taxation Technicians), or accountancy professional bodies are under obligation to follow this code. Consequently, affiliates who disregard the professional code may be scrutinised by the Taxation Disciplinary Board, which is an independent body established in 2001 by the CIOT and ATT. In addition, a percentage of tax advisers are bound by supplementary codes, for instance member firms of KPMG International practice a Global Code of Conduct which discloses the internal governance affairs of all KPMG firms. As a result of the investigations lead by the US Department of Justice into the US member firm of KPMG International with regard to the trade of tax shelters in th e US between 1996 and 2002, KPMG UK (as of 2004) now apply the UK Principles of Tax Advice which summarises the governance operations of KPMG UK in relation to taxation. The unfavourable perception of the UK tax advisory profession has encouraged the implementation of professional codes by the UK tax advisory bodies that highlight a high level of societal accountability of the tax profession, going past perceptions that stick to the definition of the law. Alongside direct regulations of the tax industry, indirect regulations of the tax advisory profession in the UK also exist. In spite of heated discussions in recent years, the UK Government has abstained from putting into effect legislation that would directly regulate the tax industry. However, UK policymakers have acknowledged tax avoidance schemes by introducing new legislation. Rules regarding the Disclosure of Tax Avoidance Schemes, or more commonly referred to as DOTAS, introduced new reporting obligations for both taxpayers as well as their advisors commencing from 2004. In addition, following detailed examination, the General Anti-Abuse Rule (GAAR) was implemented, in hopes of confronting abusive tax avoidance, the effects of which are yet to be seen as the legislation was only introduced in 2013. Consequential to the investigations led by the Public Accounts Committee (PAC), a select committee of the British House of Commons, the success and usefulness of the tax industry being able to regulate itself has become an area of intense political dispute in the UK. The investigations were triggered by the leak of almost 28,000 documents, evidencing the involvement of over 1,000 business, demonstrated the promotion of Luxembourg-based tax-avoidance schemes by PwC. Margaret Hodge, Chairman of the PAC, deemed the actions of PwC to be the promotion of tax avoidance on an industrial scale and called for the UK Government to take the initiative to have a more active role regarding the regulation of the tax industry as it evidently cannot be trusted to regulate itself. Members of Parliament demanded that the Government present a code of conduct for all tax advisers and proposed that submission to this code would govern whether or not companies delivering this service can attain both gover nment and public sector jobs (House of Commons Public Accounts Committee 2013). In addition to this, the Public Accounts Committee demanded that the professional bodies take on a greater lead and be more accountable for their actions with regard to tax avoidance. It is apparent that tax advisers play a very large part of the global issue of tax dodging, the effect being that it costs developing countries billions of pounds annually. The Public Accounts Committees 2013 report underlined the role that the Big 4 accounting firms play in tax avoidance as they generate billions of pounds a year as income from tax planning business in the UK alone, cash generated from worldwide clients is vastly greater. Tax Research UK director Richard Murphy claimed that accountancy firms are essentially the back-bone of the tax avoidance industry and that the act of tax avoidance would not be able to happen without accountancy firms as they are the key suppliers of tax avoidance practices. The PAC now have reason to believe that large accounting firms have been advising their clients of different and more complex forms of tax avoidance, such as developing intricate business operating models that are not limited to a certain group of countries, which impose on the lowest international rates of taxation. In contempt of the evidence submitted by PwC negating the allegations, the PAC concluded that the tax schemes displayed all the characteristics of a mass-marketed tax avoidance scheme. However, there is still cause to debate whether PwC had genuinely done anything wrong other than legally reduce the tax liabilities of its clients. It is important to distinguish the difference between tax avoidance which involves planning affairs within the given framework of the tax legislation in an attempt to reduce tax liabilities, and tax evasion which involves refusing to pay tax liabilities by suppressing knowledge or information from HMRC, or by providing dishonest information. Following the 10 year marker since HMRC was established from the merger of Inland Revenue and HM Customs and Excise, the ruling on the expanded divisions relative success or failure credibly lies somewhere in between. The merger to create HMRC was intended to improve customer service, coordinate strategies and construct efficiencies through economies of scale. We can conclude that the latter point has clearly been a success, however the former point disputably less so. References http://economia.icaew.com/news/february-2015/pac-tax-industry-cannot-be-trusted-to-self-regulate https://www.ft.com/content/d6eaba36-ad46-11e4-a5c1-00144feab7de https://www.marketingweek.com/2009/06/23/if-the-industry-cant-regulate-itself-then-the-government-will-step-in/ https://www.parliament.uk/business/committees/committees-a-z/commons-select/public-accounts-committee/news/report-tax-avoidance-the-role-of-large-accountancy-firms-follow-up/ http://www.pwc.com/gx/en/issues/regulation.html https://www.icsa.org.uk/knowledge/governance-and-compliance/features/june-2015-blurred-lines http://www.taxresearch.org.uk/Blog/2015/02/06/pwc-proves-time-to-end-tax-abuse-by-big-firms-of-accountants-has-arrived/ D. de Widt, E. Mulligan, L. Oats Regulating Tax Advisers, FairTax WP-Series No.6, 2016 Global Warming: Cause and Mitigation Global Warming: Cause and Mitigation Is our atmosphere being compromised from extreme utilization of diverse chemicals? This is the query that has been the position for foremost debate for several years, is human activities causing global warming? When debating in relation to global warming the prime thing to construe is what the foundation of global warming is, and the retort to this plain question is gases of greenhouse. Greenhouse gases are ordinary gases for instance Nitrous Oxide, CO2, or Methane and are produced in one modes or further ways. The preliminary way is, in the course of natural cycles, for illustration, CO2 is released in the course of plant process of photosynthesis or through animal respiration. The substitute greenhouse production of gas approaches from manââ¬â¢s employ of diverse products and fuels; this can direct to anthropogenic changes of climate. Changes of Anthropogenic Climate are conversions in the atmosphere owing to the various activities carried out by humans, and there are realities that these sorts of changes are all over the world. By researching the size of the ice caps of polar we can formulate out that they are constricting and this could be owing to a warmer heat of atmosphere due to the anthropogenic changes in climate. An IPCC details from 2007 signifying levels of a few of the gases of greenhouse additionally exhibits that the greenhouse gases levels in the atmosphere of earthââ¬â¢s has been increasing ever since the time of post-industrial, this can purely be features to human made machines which has been on rising. Diverse behaviors of human being activities are contributing to the rise in temperature of earth. Greenhouse gases are naturally occurring gasses that absorb heats which directly advanced by the sun rays and recoil of to the surface of earth; itââ¬â¢s not that these gases are atrocious in character, we in actuality depend on them to keep up our earthââ¬â¢s typical weather at a sustainable high temperature, which in matter of fact are purely constructive for our surroundings in moderation. The gases for illustration Carbon dioxide, Nitrous Oxide, and Methane in environment are expelled throughout means of inhalation, volcanic action, photosynthesis, and decomposition. They are in addition controlled by nature in succession to keep up these gases in safe restraint, for illustration, plants absorb carbon dioxide to run their cycles of force, this takes away from what is contemporary and composures the balances. During the industrial revolution when human being started carrying out various activities of production they started burning variety of substances for illustration petroleum and coal which have rocketed carbon dioxide levels released through the process of burning and combustion. When carbon dioxide was discharge in atmosphere a little section of what is set free is reabsorbed by natural entity, the respite of it continues lingering in the air. In point of fact, as per to the EPA statements on CO2 found just about 85% of the entire emissions of human greenhouse gas, this can be massive confirmation to sustain that anthropogenic changes in climate are in point sourcing global warming. The matter of global warming is just an inference, an idea, mostly unlock for debate, which is expressly spread out. As for my view on the topic, I expect global warming in point of fact is having an impact on our world. Acid rain is a good quality theme to glance at to uphold my belief, the rain pH levels possibly will not ever be an idyllic 7 owing to natural greenhouse gases, nevertheless they ought to not be at a level that would impair our atmosphere. The New York Times has constructed articles on how acid rain is influencing the Rockies and also national parks, I donââ¬â¢t perceive any additional source for this than a fast raise in pollutants. Other reasons for my worry are the apparent raise in force of tropical storms that have influenced our states and the news of so several tornadoes which can be source by friction of heat in the air. In view of the fact that we have released so much greenhouse gases into the atmosphere and sourced anthropogenic changes of climate, we h ave added to the heat that generates storms like these. I as well suppose in human advancement, consequently if we are going away to carry on moving forward like this, it is our accountability to place policies into play to conserve our welfare as well as our planetsââ¬â¢. A number of mitigations have been fetched forth to determine issues for instance melting polar ice caps and acid rain, all sourced by global warming. One of these policies is recognized as Coal taxing, coal taxing is the idea of adding up a tax to our natural resources that are regularly utilized by industries and companies. The sum of tax that is appended on to the fuel sale would all rely on how much fuel emission would add on to the atmosphere when utilized. This idea was proffered in hopes to acquire companies who are endeavoring to be cost cognizant to do one of two things, either decline their operation of these fuels, which successively decreases the releases that they create, or obtain them to discover additional options to acquire energy. One such substitute is the wind mills application to take advantage of wind power which is in actuality extra cost efficient and atmosphere friendly, as a result why wind power might be on the rise. An additional possibility to restrict global warming is to control and capture carbon that is discharged into the air; this would more or less effort like when plant confines carbon for their cycles of energy. This idea might be effectual owing to the reality that it might considerably lesser levels of CO2 which are one of the utmost discharges in our atmosphere. On the other hand, it might be expensive to acquire the means and room to detain and store up the carbon. If I were to decide, I would state coal taxing appears the majority promising for two diverse reasons; not simply does this thought perhaps lesser our emissions, however it might as well motivate us to initiate into fresh forms of energy bringing on additional development for us in places we didnââ¬â¢t suppose to look, all the while being not as much of harmful to us. Whether you suppose in global warming, or you estimate itââ¬â¢s a myth there is large quantity of engaging things to reckon when analyzing at this topic. Are anthropogenic climate changes excruciating our ecosystem? What might be the effect of these changes in climate? Or not even is or energy habit destructive to us, other than are they outdated, and must we initiate discovering additional advancements? All of these can construct the mind to doubt and might even fetch global warming. References Anthropogenic Climate Change, [2013] retrieved from: http://www.global-greenhouse-warming.com/anthropogenic-climate-change.html Climate Change Indicators in the United States, [06.21.2013], retrieved from : http://www.epa.gov/climatechange/science/indicators/ghg/ Overview of Greenhouse Gases, [06.21.2013], retrieved from: http://www.epa.gov/climatechange/ghgemissions/gases/co2.html Iver Peterson, [1985,] Acid Rain Starting to have an effect on Politics and Environment in West retrieved from : New York times press 30.03.1985
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