Advanced Taxation: Taxation of Companies
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Questions and Answers

Which of the following is an example of allowable expenditure in taxation?

  • Initial repairs immediately after purchase
  • Employee loan advances
  • Repairs that create a new asset
  • Interest on borrowed funds for capital investment (correct)
  • What is the definition of 'Year of Assessment' in taxation?

  • A fiscal year starting from July
  • A period of three months starting from April
  • A calendar year from January to December
  • A period of twelve months beginning on January 1st (correct)
  • Which method allows profit recognition when earned but not necessarily received?

  • Estimation method
  • Cash basis
  • Tax basis
  • Accruals basis (correct)
  • Which of the following costs may NOT be allowable due to being deemed capital expenditure?

    <p>Initial repairs after purchasing an asset (B)</p> Signup and view all the answers

    What is the main purpose of keeping proper books of accounts as per the Income Tax Act?

    <p>To ascertain profit or loss (D)</p> Signup and view all the answers

    In the context of taxation for companies, which statement about trading income versus capital receipts is correct?

    <p>Trading income is derived from regular operations while capital receipts are one-time financial gains (C)</p> Signup and view all the answers

    What are preference dividends considered in corporate taxation?

    <p>Disallowed expenses (D)</p> Signup and view all the answers

    Which of the following statements about the treatment of interest in computing Corporation Tax is correct?

    <p>Interest for capital employed is allowable (B)</p> Signup and view all the answers

    Which type of contributions are allowable deductions if they do not exceed 20% of employee remuneration?

    <p>Contributions to a retirement fund (B)</p> Signup and view all the answers

    What is true regarding debts payable by the taxpayer?

    <p>Forgiving them is treated as income. (B)</p> Signup and view all the answers

    Under what condition are advertising expenses considered allowable?

    <p>If they are incurred for business purposes. (B)</p> Signup and view all the answers

    Which of the following expenses related to education may be allowed as a deduction?

    <p>Payments for technical education related to business (B)</p> Signup and view all the answers

    What is the treatment of premiums on indemnity insurance policies for a business?

    <p>They are allowable deductions. (D)</p> Signup and view all the answers

    Which of the following expenses is typically not allowable for deduction?

    <p>Expenses associated with setting up a business (B)</p> Signup and view all the answers

    Which types of donations can be considered as allowable deductions?

    <p>Donations to approved charitable institutions (A)</p> Signup and view all the answers

    What is the implication of foreign exchange losses for tax deductions?

    <p>They are allowable if related transactions are of a revenue nature. (B)</p> Signup and view all the answers

    Which type of expense is specifically excluded under Section 15 of the Income Tax Act?

    <p>Domestics or private expenses (A)</p> Signup and view all the answers

    What is the maximum percentage of income tax chargeable that the Employment Tax Credit (ETC) can be claimed?

    <p>30% (D)</p> Signup and view all the answers

    Which of the following conditions is NOT a requirement to claim the Employment Tax Credit?

    <p>ETC must be claimed on both trading and non-trading incomes. (C)</p> Signup and view all the answers

    How is interest on preference shares treated for companies not on a recognized stock exchange?

    <p>It may be treated as an interest payment. (A)</p> Signup and view all the answers

    Which of these is a condition for the clawback of the Employment Tax Credit claimed?

    <p>Deductions were not declared on time. (D)</p> Signup and view all the answers

    What type of incomings are designated as 'franked income' when distributed to another corporate company?

    <p>Income that is taxed at source (D)</p> Signup and view all the answers

    Which of the following payments is generally treated as an allowable deduction by companies?

    <p>Fixed rate preference dividend paid (D)</p> Signup and view all the answers

    Which expense type is specifically mentioned as not being allowable under Section 15?

    <p>Capital employed in improvements (C)</p> Signup and view all the answers

    What is the withholding tax rate for a shareholder holding less than 25% of a company?

    <p>15% (A)</p> Signup and view all the answers

    Which of the following scenarios would not incur any withholding tax?

    <p>Payment to a major shareholder with 25% holdings (C)</p> Signup and view all the answers

    What percentage of a company's net income can be used to deduct prior year losses?

    <p>50% (A)</p> Signup and view all the answers

    Which of the following statements concerning tax losses is accurate?

    <p>Companies can set off losses against future taxable profits indefinitely. (B)</p> Signup and view all the answers

    How is the effective tax rate calculated?

    <p>Tax liability divided by accounting income before tax. (C)</p> Signup and view all the answers

    When are estimated taxes due for companies and individuals?

    <p>In four quarterly instalments up to December 15. (A)</p> Signup and view all the answers

    What could lead to an effective tax rate lower than the standard tax rate?

    <p>Good management minimizing tax liabilities. (D)</p> Signup and view all the answers

    What is the maximum withholding tax rate for dividends paid to a shareholder residing overseas?

    <p>33 1/3% (D)</p> Signup and view all the answers

    Flashcards

    Allowable Expenses

    Expenses that can be deducted from income to reduce the taxable amount, like interest on business loans.

    Disallowable Expenses

    Expenses that cannot be deducted from income to reduce the taxable amount, such as personal expenses.

    Accounting Profit

    Profit calculated according to accounting rules and principles..

    Taxable Income

    Profit after adjustments to accounting profit, determining the income subject to tax.

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    Books of Accounts

    Detailed records of business transactions, required to accurately determine profit or loss.

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    Year of Assessment

    Twelve-month period used to calculate taxable income for a given tax year.

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    Accrual Method

    Accounting method recognizing income and expenses when they are earned or incurred, regardless of cash flow.

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    Cash Method

    Accounting method that recognizes income when cash is received and expenses when cash is paid.

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    Severance Pay Deduction

    Severance pay is deductible if it's directly linked to acquiring income.

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    Superannuation Contributions

    Contributions up to 20% of employee remuneration are deductible for approved superannuation schemes.

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    Bad Debt Deduction

    Debts owed to the taxpayer, incurred in generating income, are deductible.

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    Business Entertainment Expenses

    Entertainment expenses for clients are deductible if directly related to acquiring income.

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    Education Expenses

    Business-related training expenses are often deductible.

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    Insurance Premiums

    Insurance for business is deductible.

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    Legal Expenses Deduction

    Revenue-related legal fees are deductible, but capital-acquiring expenses are not.

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    Donations Deduction

    Donations to approved charities/educational institutions, up to 5% of statutory income, are allowed as deductions.

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    Dividend Distribution to Major Shareholder

    A resident company making a distribution to a major shareholder (holding over 25%) does not face any withholding tax. The recipient is responsible for accounting for the tax at nil.

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    Dividend Distribution to Minor Shareholder

    A resident company distributing dividends to a shareholder holding less than 25% faces a 15% withholding tax.

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    Dividend Distribution to Overseas Shareholder

    A resident company making a dividend distribution to an overseas shareholder is subject to a 25% or 33 1/3% withholding tax, or the applicable treaty rate.

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    Dividend Distribution within Group Companies

    When a resident company distributes dividends to a resident shareholder within the same group, holding 25% or more voting rights, the income tax rate is nil.

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    Carry Forward of Tax Losses

    If a company has a tax loss approved by the tax department, they can carry it forward indefinitely and deduct it from future taxable profits.

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    Deduction Limit for Prior Year Losses

    The deduction allowed for prior year losses is limited to 50% of the net income for the respective year.

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    Effective Tax Rate

    The ratio of tax liability to accounting income before tax, expressed as a percentage.

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    Factors Affecting Effective Tax Rate

    Factors such as capital allowances, interest charges, currency gains, and operating income can influence the effective tax rate.

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    Non-Allowable Expenses

    Expenses that cannot be deducted from income to reduce the taxable amount under the Income Tax Act. These include personal expenses, withdrawals of capital, capital improvements, losses not related to business, and rent or repairs for premises not used for income generation.

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    Employment Tax Credit (ETC)

    An incentive for employers who promptly pay statutory deductions from employees' salaries. It's a tax credit calculated as 30% of the income tax payable, but only applicable to payroll deductions and contributions paid on time.

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    What are the conditions for ETC?

    To be eligible for the Employment Tax Credit (ETC), employers must ensure: 1. The claimed ETC matches total payroll deductions, 2. Deductions are paid on time and in full, 3. The credit is limited to 30% of the income tax due, and 4. ETC is not available for non-business income such as interest and dividends.

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    Ordinary Shares and Dividends

    Shares representing ownership in a company's profits and losses. Ordinary dividends paid to shareholders are currently taxed at a rate of 15%.

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    Preference Shares & Dividends

    Shares that guarantee a fixed dividend payment before ordinary shareholders receive their dividends. For companies listed on the stock exchange, preference dividends are an allowable deduction, but companies not listed may treat them as interest payments under certain conditions.

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    What conditions must companies meet for treating Preference Dividends as Interest?

    To treat preference dividends as interest payments, companies not listed on the stock exchange must: a) Ensure the paid-up preference shares don't exceed half the ordinary share capital, b) Have a dividend rate that is reasonable in the opinion of the tax commissioner, and c) Have issued shares after June 16, 1970, for value equal to the share price.

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    Franked Income

    Income distributed by a corporation to another corporation subject to tax and with tax deducted at source. This income is labeled as 'franked income,' indicating that tax has been deducted at the source.

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    Interest on Preference Shares

    Interest paid to holders of preference shares, which are a type of share that offers a fixed dividend payment, guaranteeing a specific return to the shareholder.

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    Study Notes

    Advanced Taxation: Taxation of Companies

    • This presentation covers the taxation of companies, outlining key concepts and rules.

    Presentation Outline

    • Identifying Activities: Determining whether an activity constitutes a trade or otherwise.
    • "Wholly and Exclusive" Rule: Applying this rule to classify allowable and disallowable expenses/income.
    • New Tax Measures: Discussing recent or upcoming tax law changes.
    • Interest Treatment: Explaining how interest is calculated in Corporation Tax.
    • Taxation Implications: Addressing the taxation of various items, including preference dividends, investment income, and tax losses.
    • Tax and Estimated Tax Payments: Detailing company tax payment procedures and estimated tax.

    Income from Trade, Business, Profession & Vocation

    • Accounting Profit: Accounting profit must be adjusted to determine the taxable profit.
    • Books of Accounts: Section 89 of the Income Tax Act mandates proper bookkeeping in English. Records of all transactions, daily details of cash inflows/outflows, and annual stocktaking statements are required. All goods sold and purchased must be recorded.
    • Method of Accounting: Discusses accrual vs. cash basis accounting, with the Willingdale vs Int'l Commercial Bank (UK, 1977) case as a reference point.
    • Year of Assessment: The yearly accounting period begins on January 1st. "Permitted accounting date" is also mentioned.
    • Measuring Income: Income is calculated as gross receipts less the cost of earning them. The difference between trading income and capital receipt is addressed.

    Allowable Expenditure

    • Interest: Interest on borrowed money for capital employed in a business is deductible. This includes investments on a long-term basis.
    • Rent, Repairs, and Plant/Machinery: Rent expense is deductible if the premises are used for profit-generating activities. Appropriate apportionments of rent should be detailed per how the premises are used. Repairs are generally allowable except if they amount to a significant capital investment, which is not deductible. If repairs are immediately done post-purchase, it should be treated as a capital expenditure.
    • Employee-Related Disbursements: Wages, salaries, and employee contributions (NIS, HEART, etc.) are deductible. Employer-provided advances, severance payments, and retirement fund contributions meet specific criteria to be deductible.
    • Bad Debts: Debts due to the taxpayer qualify for deduction. Debts payable by the taxpayer become income once forgiven.
    • Advertising: Advertising expenses are deductible if specifically related to the business. Costs related to creating physical structures (billboards, etc) are non-deductible.
    • Business Entertainment: Entertainment expenses are deductible only if entirely related to procuring business income.
    • Education: Education expenses are deductible if they relate to a trader's professional development.
    • Insurance: Insurance premiums are deductible, and full insurance recovery is treated as trading income.
    • Legal and Professional Fees: Revenue-related legal fees are deductible; however, acquiring capital assets is not. Specific examples of non-deductible fees are listed.
    • Subscriptions: Subscriptions acquired for business purposes are deductible.

    Allowable Expenditure: Donations and Foreign Exchange Losses

    • Donations: Donations to approved charitable and educational institutions are allowed, limited to 5% of statutory income.
    • Foreign Exchange Losses: Allowable if the related transactions are of a revenue nature.

    Expenditure Not Allowable

    • Domestic/Private Expenses: Personal expenses are not deductible.
    • Capital Withdrawals: Capital withdrawals aren't deductible.
    • Improvements: Expenses for improvements that aren't related to the business are not deductible.
    • Non-Trade Losses: Losses unrelated to the trade aren't deductible.
    • Unpaid Rent or Repairs: Rent or repair costs that are not incurred for producing the income aren't deductible.

    Taxation of Companies

    • Employment Tax Credit (ETC): An incentive for timely payment of employee taxes, capped at 30% of the income tax charged. Restrictions exclude non-trading income.
    • Interest Paid and Received: Interest is treated on an actual payment basis, not on an accrual basis.
    • Ordinary Shares and Ordinary Dividends: Dividend income from ordinary shares attracts 15% tax.
    • Interest on Preference Shares & Preference Dividend: Fixed rate dividends are allowable for companies traded on stock exchanges. Companies outside recognized exchanges treat preference dividends as interest payments, contingent on factors like share capital levels and commissioner of tax approval.

    Taxation of Companies: Franked Income

    • Franked Income Definition: Income distributed within the corporate structure on an appropriate basis attracts this specific type of tax.
    • Illustration: In the case of a distribution among shareholders, the treatment varies based on the shareholder's stake.

    Taxation of Companies: Tax Losses

    • Tax Losses: These are carried forward indefinitely and can be offset against future years' income provided approval is granted from the department.
    • Prior-Year Loss Deduction: 50% of the net income is deductible for losses from previous years.
    • Carry-back of Losses: Isn't permitted.
    • Loss Calculation: When a company has a loss, it calculates the tax position by decreasing the loss by non-deductible items and increasing by deductible ones.

    Taxation of Companies: Effective Tax Rate

    • Effective Tax Rate: The ratio of tax liability to accounting income before tax.
    • Reductions in Tax Charge: Capital allowances and interest charges may reduce tax. Conversely, gains can increase the tax charge.
    • Tax Minimization: Management strategies can result in effective tax rates below the standard rate.

    Taxation of Companies: Payment of Tax and Estimated Tax

    • Payment Methods: Companies and individuals pay estimated taxes in quarterly installments (March, June, September, and December) aligning with the profit periods.
    • Estimated Tax Base: Estimated tax is based on the chargeable income of the preceding year, or projections if income is projected to be lower.

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    Description

    This quiz focuses on the key concepts and rules related to the taxation of companies. It includes topics such as trade activity identification, the 'wholly and exclusive' rule, recent tax measures, and interest treatment in Corporation Tax. Understanding these elements is crucial for accurate company tax compliance.

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