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What does help sheet C advise on?
Dealing with tax errors
What is an error?
any inaccuracy, omission or misstatement within a client’s tax affairs
What are the steps if you think there is an error in clients tax affairs?
Establish the facts
Assess if this is trivial
Consider if authorisation is required to disclose
Disclose the error
What is a trivial error?
Rounding mistake for example
What are the steps to take if authorisation is required to disclose an error?
request this advise the client on consequences of failing to disclose, then cease to act on their behalf if they still decline
What is the advised quantum of a trivial error?
Amounts less than £200
In what situation does a member not need a clients authority?
if HMRC has overpaid a member
When does HMRC need to be notified re an error on self-assessment return?
If timeframe for amendments has passed.
What does help shee C2 deal with?
Guidance for members in business on dealing with errors in business’ tax affairs
What are errors in businesses tax affairs?
further amounts being owed to HMRC or inaccuracies in the SAO’s certificate on tax acc arrangements
What if their is an error in business?
Establish the facts
Assess significance
Determine if they have authority to disclose
Get authorisation
Disclose
What if a member in business does not have authority to disclose?
Consult the organisation’s internal whistle blowing procedures and take legal advice, follow ML policies.
When may a trivial error need to be disclosed?
If it is recurring
If a busienss refuses to disclose error what action should a Member take?
Provide written advice to colleagues detailing facts, advice and consequences and;
Ensure their conduct and advice are clear and beyond reproach
Consider escalating issue to higher mgmt