Ethics in taxation

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Seminar discussion points (week 25 2019/20)
Lisa Wakefield
Mind Map by Lisa Wakefield, updated more than 1 year ago
Lisa Wakefield
Created by Lisa Wakefield about 4 years ago
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Resource summary

Ethics in taxation
  1. Definitions
    1. Evasion - any illegal activity in which a person or entity deliberately avoids paying a true tax liability.
      1. Avoidance
        1. UK Definition - a course of action designed to conflict with or defeat the evident intention of Parliament
          1. Global Definition - any legal method of reducing the tax burden.
          2. Tax Planning - Tax planning is legal. Taxpayers are entitled to enter into transactions that reduce tax or to take interpretations of legislation that HMRC may not agree with.
            1. Tax Mitigation - Tax mitigation, which is to reduce one's tax in a manner that not only complies with the letter of the law but that is consistent with the policy behind the legislation.
            2. Tax planning doesn't remove the level playing field
              1. Tax planning is legal
                1. Key cases - CIR v Duke of Westminster 1935 “Every man is entitled to order his affairs…so that the tax attaching is less than it otherwise would be.” CIR v Pullman Motor Services 1929“No man in the country is under the smallest obligation, moral or other, so to arrange his legal relations to his business or property as to enable the Inland Revenue to put the largest possible shovel in his stores
                  1. Canon of equality states that the burden of taxation must be distributed equally or equitably among the taxpayers.
                    1. What is determined as equitable. The sacrifices of all taxpayers become equal.
                      1. JK Rowlings still has £1M a week to live on
                    2. Economic impact
                      1. Attract investment and corporate HQ transfer
                        1. Tax planning does remove the level playing field
                          1. Tax planning advice is only available for the wealthy. Duke of Westminster
                            1. Public opinion also impacts decisons (Lewis Hamilton's jet)
                              1. Sentiment of "ok for me, but not for him"
                                1. Misunderstanding of the level of tax paid by each category
                                2. Access needed for all. Jack Monroe approach to sharing
                                  1. Large company and high wealth individuals have an obligation to pay
                                    1. Duty to maximise shareholder wealth
                                      1. Culture within the industries
                                      2. Those that can avoid will avoid
                                        1. Attract investment and corporate HQs
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