Tax planning is the organizing of financial matters with the ultimate goal of minimizing taxes. Tax planning is done through three processes: reducing income, utilizing tax credits and increasing deductions on finances. Moreover, tax planning involves aligning financial goals in an efficient manner through planning for taxes so as to result in reduction of tax liability. It comprises arranging of finances so as to avail from rebates, deductions and exemptions that are legally permitted by tax laws while reducing tax liability.
Tax avoidance involves entering into transactions with the aim of reducing tax levied to minimum amounts. Transactions, for instance, signing for saving schemes; retirement plans that are not taxable are used by individual and organizations in tax avoidance. Tax avoidance measures are within correct legal precincts and are permitted by laws. In tax avoidance, income expected can be postulated and received and is due for taxation. However, before taxation is applied, the person or organization avoids tax payment through devices that reveal the finance as diverted whereas making it to exist for use by the individual or company (Agrawal, 2006).
Benefits of tax planning and tax avoidance
According to Agrawal (2006), tax planning is advantageous in that it allows for the forecast of costs such as tax on income prior to its accrual. In addition, tax planning is done at the origin of the expected income. This is termed as long range planning in which finances that are taxable at the end of a year and are owed to HMRC can be revealed in advance. This allows an individual or organization to be able to forecast estimates of amounts that are to be paid as tax. Tax planning assists in this knowledge thus, ensurin...
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...fairs 1st Report of Session 2013–14 , London: United Kingdom Parliament, 2013.
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The IRS usually do not need to validate ordinary business transactions since both the involved parties behave on their own self-interests. However, the IRS is skeptic of any transactions when it comes to evasion of estate taxes and international subsidiaries. When two unrelated companies enter in a transaction, they are involved in arm’s length transaction. However, such is not the case for related companies as they may try to distort the price of the transaction to avoid tax burden. As the boundary of tax evasion and tax avoidance is very thin, especially when it comes to estate tax and international subsidiaries, people often tend to topple over to the evasion side. The case of Estate of H.A. True, Jr. v Commissioner of Internal Revenue in 2005 illustrates the difficulty of obtaining the objective of tax avoidance and how expensive the failed effort of tax avoidance can be (Journal of Financial Service Professionals). Numerous cases of tax avoidance and evasion such as XILINX Inc. and H.A. True illustrate the confusion surrounding the arm’s length standards (ALS) and its application to cost sharing agreements (CSAs). In case of XILINX, the court altered its decisions few times considering the uncertainties of the arm’s length standards. Meanwhile the company believed to have satisfied the standards. Due to the complexity of the arm’s length standards, these cases were compared to other similar transactions. However, it is rare to find two identical cases which meet all the criteria. In both of these cases, the court couldn’t pin point what the actual standards of the arm’s length standards were, giving rise to opportunities of tax evasion. To put the arm’s length standards to a simplest form, the standard requires the two related parties to structure their transactions in such a manner as they would if they were two unrelated parties in similar
Madura, Jeff. What Every Investor Needs to Know About Accounting Fraud. New York: McGraw-Hill, 2004. 1-156
The tax code is devised to accommodate fluctuations in the cost of living. Even though many Americans are very wary of rising prices, this kind of change may actually assist taxpayers to economize. Changes ensure that filers find themselves in the proper tax bracket, yet they even affect tax breaks like exemptions as well as standard reductions.
Another important component of the corporate tax system is the treatment of losses. A corporation that loses money in a particular year experiences what is known as a net operating loss (NOL). No corporate tax is due when a company has a NOL because they do not have profits (e.g., total income less expenses is negative). In addition, a NOL can be “carried back” and deducted from up to two prior years’ taxable income. The corporation is then eligible for a refund equal to the difference between previously paid taxes and taxes owed after deducting the current year’s loss. If the loss is too large to be fully carried back, it may be “carried forward” for up to 20 years and used to reduce future tax liabilities.
Taxes in the United States include payroll taxes, property taxes, sales taxes, and a multitude of others. These taxes may be imposed on individuals, business entities, estates, trusts, or other forms of organizations. In general, there is a lot of inquiry on the current tax system. With endless loopholes, a regressed economy, and corruption there has been widespread anger on the current structure of taxation. Consequently, the wealthy have managed to become even richer despite the economic crisis. Furthermore, many taxpayers in the upper class have found loopholes to avoid substantial taxation or otherwise known as tax evasion. (Stewart 2013) Tax evasion has only grown over the years and with the national debt has become a major issue. What is more, is the intense complexity of the entire taxation process. Addressing all the issues and problems regarding the taxation structure is a meticulous and arduous process. With this in mind, politicians from both parties have tried to address individual issues within the taxation paradigm. Being that the United States has the highest corporate tax in the globe, politicians have tried to change policy regarding taxation on businesses. (Sullivan 2013) How...
There are 3 types of corporate income taxes as follows: National 30% of taxable income, Local 20.7% of National Tax, and Enterprise 10.08% of taxable income. The calculated effective tax rate of 42.05% although they simply add up to 46.29% (30.0% + 30.0%X20.7% + 10.08%). It is because Enterprise tax is deductible for the other tax purposes only when it becomes due. Tax evasion involves fraudulent or criminal behavior, conduct involving deception, concealment, or destruction of records. Tax evasion occurs when the taxpayer fraudulently or criminally avoids the payment of taxes otherwise due and owing under the tax laws. There are many tax crimes under the Internal Revenue Code. The criminal violations cover the same territory as the civil fraud penalties, although the government has a higher burden of proof in the criminal cases. The criminal cases, however, reach a far greater spectrum of potential defendants. Unlike the civil penalties which target only the taxpayer, the criminal penalties reach anyone engaging in the defined offense, including employees, accountants, lawyers and tax preparers. Under IRC Sec. 7206(2), a person is guil...
...tion of Incomes of Corporations Among Dividens, Retained Earnings, and Taxes. The American Journal Review, 46(2), pp. 97-113.
Gurría, Angel. "Improve tax fairness and help the developing world." OCED. Organisation for Economic Co-operation and Development, 24/04/2009. Web. 9 Oct 2011. .
The purpose of this paper is to illustrate the layout of taxation. I will differentiate the types of taxes and the roles that they serve currently. Subsequently, I will explain what equity, efficiency, effectiveness and transparency (EEET) are and show how they apply to taxation as a whole. Lastly, I will conclude how the EEET applies to the four tax types.
The government use of taxes plays a crucial role in today’s economy as well as personal finances, it has and will continue to leave its mark on the world we live in.
The Principle of Separate Corporate Personality The principle of separate corporate personality has been firmly established in the common law since the decision in the case of Salomon v Salomon & Co Ltd[1], whereby a corporation has a separate legal personality, rights and obligations totally distinct from those of its shareholders. Legislation and courts nevertheless sometimes "pierce the corporate veil" so as to hold the shareholders personally liable for the liabilities of the corporation. Courts may also "lift the corporate veil", in the conflict of laws in order to determine who actually controls the corporation, and thus to ascertain the corporation's true contacts, and closest and most real connection. Throughout the course of this assignment I will begin by explaining the concept of legal personality and describe the veil of incorporation. I will give examples of when the veil of incorporation can be lifted by the courts and statuary provisions such as s.24 CA 1985 and incorporate the varying views of judges as to when the veil can be lifted.
Many new business owners struggle with the decision of whether or not to outsource tax compliance services plus “on average 55% of SME’s consider cost of service is an obstacle for them to seek external advice” (Banham, 2014). There are many tax authorities to which a business can owe taxes such as payroll taxes, self-employment taxes, property taxes and sales taxes to name a few. To make matters more confusing, the tax forms, filing and payment deadlines for each type of tax are also individual. Tax errors can occur in a number of ways and are not simply limited to under-reporting income. Other types of errors that can bring about penalties include applying deduction limitations incorrectly and worker misclassification. The IRS grants leniency to first time offenders that fail to file, pay or make timely deposits under the First Time Penalty Abatement policy. The penalties assessed for underpayment of taxes due to negligence are not covered under this policy. The majority of young businesses are not equipped with the financial backing to withstand the blow of such penalties resulting from an error on a tax
Developing a thorough financial plan is a process that comprises a comprehensive analysis of a particular individual’s financial position and their long-term commitment to apply and observe the set financial plan through one’s life. The plan includes but not limited to, how an individual spends, saves monies and invests his or her financial assets. It encompasses knowing how to budget, manage cash and taxes, borrowing of funds, the use of credit cards, minimizing risk, investing and planning for retirement. Such a plan also requires a vigilant thought process for the future so he/she can tweak their financial plans as needed due to changes in lifestyle and economy.
The Auditor-Firm Conflict of Interests: Its Implications for Independence: A Reply. By: Goldman, Arieh; Barlev, Benzion. Accounting Review, Oct75, Vol. 50 Issue 4, p857-859, 3p
Tax expenditures are popularly known as tax loopholes or tax breaks. It departures from the normal tax structure and ...