1PRINCIPLES OF TAXATION Executive Summary: The current report has provided a brief overview of the various taxation aspects associated with the UK. It has been found that in case of progressive taxation system, the low-income earners enjoy minimised tax burden, while the situation is just the opposite in case of regressive taxation system. Moreover, the UK is identified to have certain sources of tax and the primary rules are mentioned in the Acts of the Parliament; however, the ultimate decision lies in the hands of the courts. Finally, it has been evaluated that tax avoidance and tax evasion are completely different concepts. This is because tax avoidance involves using the loopholes of the current tax regulations to minimise tax liability, while tax evasion intends to minimise tax liability by using unfair means.
2PRINCIPLES OF TAXATION Table of Contents Introduction:....................................................................................................................................3 a) Comparison and contrast of the progressive taxation system and the regressive taxation system:.............................................................................................................................................3 b) Sources of tax law in the UK:.....................................................................................................6 c) Comparison and contrast of tax avoidance and tax evasion:.......................................................8 Conclusion:....................................................................................................................................11 References:....................................................................................................................................12
3PRINCIPLES OF TAXATION Introduction: It has been observed that the taxation system and government spending have direct effect on the economy of a nation. The taxation policies are utilised to affect a number of economic factors like levels of employment, inflation, exports and imports. These factors are deemed to affect the behaviour of individuals as well as businesses. The current report would provide a brief comparison of the progressive tax system and the regressive tax system by citing certain instances. The next section would focus on the sources of tax law in the UK by taking into account the primary rules of the tax system of the nation established from a number of resources. Finally, the report would shed light on the difference between tax avoidance and tax evasion by providing practical examples. a) Comparison and contrast of the progressive taxation system and the regressive taxation system: The progressive taxation system is a tax system where there is an increase in tax rate with an increase in the amount of tax. More precisely, it is a tax system where the tax rate depends on the ability of an individual to pay, which implies high tax is collected from higher-income individuals and lower tax is obtained from lower-income individuals (Brockmeyer 2014). Hence, the taxpayers are segregated based on their level of income. This mechanism of tax intends to minimise the tax incidence of individuals with lower income, since tax incidence is transferred to the individuals with greater income. When there is an increase in the amount subject to taxation, there is a decrease in overall tax rate and this mechanism is deemed to be regressive. Specifically, regressive taxation system could be defined as the one where increased tax is obtained from low-income earners and lower
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4PRINCIPLES OF TAXATION tax is accumulated from high-income earners (Brusovet al. 2015). The application of this taxation system is made uniformly, which implies that there has been fair imposition of tax on all consumers regardless of their income level and their assets. However, since this tax system is not related to income, the impact is experienced severely by the low-income earners, since they have to spend greater portion of their income in the form of tax on necessities. By considering the basic concepts of the two types of taxation system, the following key differences are observed between them listed in the form of a table: Basis for comparisonProgressive Taxation SystemRegressive Taxation System MeaningIt is a taxation mechanism, in which there would be rise in tax ratewithincreaseintaxable figure. Thisisataxationsystem,in which fall in tax rate is obvious with rise in amount subject to tax (Devereux, Liu and Loretz 2014). AssessmentTaxes are imposed on profit or incomedependingonthe increasing rate schedule. In case of this taxation system, thetaxisimposedasa percentage of the asset bought owned by the assessee. Ability to payInthistaxationsystem,the ability to pay of the assesssee is taken into consideration. Incaseofregressivetaxation system, the level of income of the taxpayers is not taken into account(DevereuxandVella 2014). Inclusion of taxesProgressivetaxationsystemRegressive taxation system takes
5PRINCIPLES OF TAXATION includes all direct taxes.into account all indirect taxes. RateIn case of this taxation system, the marginal tax rate is higher in comparison to the average rate of tax. Forthistaxationsystem,the averagetaxrateexceedsthe marginal tax rate. BenefitsIn progressive taxation system, theindividualshavinglower incomeenjoysminimisedtax burdenduetotheshiftof incidencetothehigh-income group(Delgado,Fernandez- RodriguezandMartinez-Arias 2014). Inregressivetaxationsystem, thehigh-incomegroupenjoys minimised tax burden due to the shift of incidence to the low- income group. ExampleIncome tax in UK is an instance of progressive tax. In UK, any individual is not needed to incur incometaxontheinitial £11,500spent.Eachpound earnedbetween£11,501and £45,000 is taxed at 20%, 40% for each pound earned between £45,000 and £150,000 and 45% above£150,000(Aspiring The wealthiest 10% households of UK hold half of the overall household wealth of the nation. Incontrast,90%ofthe householdsincura disproportionateportionof householdwealthforaTV license.Thisimpliesthatthe bottom90%incursa disproportionatelargeamount
6PRINCIPLES OF TAXATION Accountants 2018).compared to the top 10%. b) Sources of tax law in the UK: The UK taxation system is applicable throughout the UK, which includes England, Northern Ireland, Wales, few smaller islands of the British Coast and Scotland (although it has some particular differences due to the unique legal system of the nation). Moreover, it includes oil drilling platforms in the British territorial waters, although it does not take into consideration the Isle of Man, the Republic of Ireland and the Channel Islands (Dyreng, Hoopes and Wilde 2016). There are mainly three types of taxes in the UK, which are elucidated briefly as follows: Proportional tax: Proportional tax imposes the same percentage of tax on all individuals regardless of their income level. Progressive tax: This system imposes a greater percentage of tax on high-income earning individuals. In addition, this system is involved in utilising a marginal tax rate, which rises with the increase in the taxable income amount. Regressive tax: Under this taxation system, higher taxes are imposed on low-income earning individuals in comparison to the high-income earning individuals. For instance, if the sales tax in the state is
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7PRINCIPLES OF TAXATION 5%, the individual having lower income would incur a higher percentage of the total income in the form of sales tax (Eggeret al. 2015). There are some main types of taxes in UK, which include primarily the following: Income tax is a tax on the income of the individuals, in which the basic income tax rate is 20% incurred on income over the income tax threshold, as decided on the part of the government (HMRC) National insurance contributions are another kind of income tax, which are dependent on an identical principle of taking a fixed income percentage Consumption tax in the form of Value Added Tax (VAT), which is 17.50% in the UK Excise duties on tobacco and alcohol Corporation tax, which is a tax on business profit(Corporation Tax Act 2010) Stamp duty, which is the tax incurred on the purchase of shares or houses There has been no single source of UK tax law. The basic rules have been mentioned in the Parliament Acts; however, the decision is on the courts for interpreting the acts along with providing much of the details of the tax system (Farnsworth and Fooks 2015). Along with this, HMRC is engaged in issuing a number of statements, leaflets and notices explaining the ways through which the laws are enforced in practice. These statements assist in explaining the interpretation of the law by the tax authority and they have to be complied with unless challenged in the courts successfully. The changes to the tax system, which contradict with the speech of the annual budget in March, are intended primarily in taking effect as from the initiation of the next tax period (Gemmellet al.2018).In case of individuals, the tax year termed as year of assessment or fiscal
8PRINCIPLES OF TAXATION year as well, begins from 6thApril to the following 5thApril inclusive. For instance, the tax year 2017-18 would start on 6thApril 2017 and it would end on 5thApril 2018. However, in case of business organisations, the tax year tends to show slight variation. The tax year for an organisation initiates from 1stApril to the following 31stMarch. The taxpayers are needed to maintain effective records for making accurate tax return and if needed, they could substantiate the figures entered on return. A taxpayer involved in business or renting property needs to maintain records for five years after 31stJanuary following the end of the concerned tax year. In opposition, records could be kept for one year after 31stJanuary following the completion of the tax year. In addition, the taxpayers need to provide complete and accurate information. The dishonest behaviour like concealing an income source is tax evasion, which is against the law. On summary conviction in the court of a magistrate, the offenders might be imprisoned for six months and they might be imposed a fine of maximum of£5,000 (Griffith, Miller and O'Connell 2014). On a higher court indictment, the penalties are raised to maximum seven years coupled with unlimited fine. The taxpayers possess the right of appeal against particular HRMC (Her Majesty’s Revenue and Customs) decisions. The appeals that could not be settled between HMRC and the taxpayer are dealt by seeking assistance from the two-tier tribunal system. c) Comparison and contrast of tax avoidance and tax evasion: Tax avoidance could be defined as a method where the assessee tries to beat the primary intention of the law legally by seeking benefits of the drawbacks in the legislation. On the other hand, tax evasion is a method of minimising tax liability by illicit practices like inflating
9PRINCIPLES OF TAXATION expenses, suppressing income or showing minimised income (Johnson 2014). However, there are certain points of differences between tax evasion and tax avoidance, which are stated briefly as follows: Basis for comparisonTax AvoidanceTax Evasion MeaningTaxavoidancesignifiesthe minimisation of tax liability that do notbreachthetaxationrulesand regulations. Taxevasiondenotesthe minimisation of tax liability by usingillegalmeanssothat lower taxes could be incurred. PurposeTax avoidance is basically denoted by hedging of tax. Taxevasionrepresentsthe suppression of tax. AttributesThis is mainly immoral in nature, sinceitincludesbendingthe regulationswithoutbreakingthe same. Taxevasionisobjectionable andillegalbasedonboth morality and law (Langenmayr and Lester 2017). ConceptTax avoidance intends to minimise the overall burden of tax by applying the law script. Taxevasionisinvolvedin minimisingtheoveralltax liability through the exercise of unfair means. Legal implicationTaxavoidanceincludesobtaining benefit of the shortcomings inherent in the regulation. Tax evasion takes into account thedeliberateconcealment related to the material facts. Time of incidenceThe arrangement for avoiding tax is madebeforetheincidenceoftax Incaseoftaxevasion, arrangementsaremadeafter
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10PRINCIPLES OF TAXATION liability.the tax liability has taken place. Type of actThis system is deemed to be entirely legal. This system is deemed to be a criminalactivity(Millerand Oats 2016). ConsequencesTax avoidance results in deferment of tax liability or tax postponement. Tax evasion leads to penalty or imprisonment or both. ExampleSome of the common examples of taxavoidanceincludeundertaking legitimatetaxdeductionsfor minimisation of business expenses and therefore, lowering tax bill. In addition, the set-up of a deferral tax plan for making delay in taxes at a later date and obtaining tax credits for incurring money for legitimate purposes in order to hire staffs are other examples of tax avoidance. Certain practices leading to tax evasionincludereporting lower income compared to the actual income received from a particularsource,providing falseinformationregarding businessincomeorexpenses and substantial understatement of taxes. Such understatement denotesthedepictionoftax amountonreturn,whichis lower than the amount owed on thereportedincome(Mollan and Tennent 2015).
11PRINCIPLES OF TAXATION Conclusion: From the above discussion, it is inherent that there are certain differences between the progressive taxation system and the regressive taxation system. It has been found that in case of progressive taxation system, the low-income earners enjoy minimised tax burden, while the situation is just the opposite in case of regressive taxation system. Moreover, the UK is identified to have certain sources of tax and the primary rules are mentioned in the Acts of the Parliament; however, the ultimate decision lies in the hands of the courts. Finally, it has been evaluated that tax avoidance and tax evasion are completely different concepts. This is because tax avoidance involves using the loopholes of the current tax regulations to minimise tax liability, while tax evasion intends to minimise tax liability by using unfair means.
12PRINCIPLES OF TAXATION References: Aspiring Accountants., 2018.Taxes - Progressive vs Regressive vs Proportional - Aspiring Accountants.[online]Availableat:http://www.aspiringaccountants.co.uk/taxes-progressive- regressive-proportional/ [Accessed 4 Mar. 2019]. Brockmeyer, A., 2014. The investment effect of taxation: evidence from a corporate tax kink.Fiscal Studies,35(4), pp.477-509. Brusov, P., Filatova, T., Orekhova, N. and Eskindarov, M., 2015.Modern corporate finance, investments and taxation(pp. 1-368). Berlin: Springer International Publishing. CorporationTaxAct.,2010.2019.Legislation.gov.uk.Retrieved4March2019,from https://www.legislation.gov.uk/ukpga/2010/4/contents Delgado, F.J., Fernandez-Rodriguez, E. and Martinez-Arias, A., 2014. Effective tax rates in corporate taxation: A quantile regression for the EU.Engineering Economics,25(5), pp.487-496. Devereux, M. P., Liu, L., and Loretz, S., 2014. The elasticity of corporate taxable income: New evidence from UK tax records.American Economic Journal: Economic Policy,6(2), pp.19-53. Devereux, M.P. and Vella, J., 2014. Are we heading towards a corporate tax system fit for the 21st century?.Fiscal studies,35(4), pp.449-475. Dyreng,S.D.,Hoopes,J.L.andWilde,J.H.,2016.Publicpressureandcorporatetax behavior.Journal of Accounting Research,54(1), pp.147-186.
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13PRINCIPLES OF TAXATION Egger, P., Merlo, V., Ruf, M. and Wamser, G., 2015. Consequences of the new UK tax exemption system: evidence from micro‐level data.The Economic Journal,125(589), pp.1764- 1789. Farnsworth, K. and Fooks, G., 2015. Corporate taxation, corporate power, and corporate harm.The Howard Journal of Criminal Justice,54(1), pp.25-41. Gemmell, N., Kneller, R., McGowan, D., Sanz, I. and Sanz‐Sanz, J.F., 2018. Corporate Taxation and Productivity Catch‐Up: Evidence from European Firms.The Scandinavian Journal of Economics,120(2), pp.372-399. Griffith, R., Miller, H. and O'Connell, M., 2014. Ownership of intellectual property and corporate taxation.Journal of Public Economics,112, pp.12-23. Johnson,P.,2014.Taxwithoutdesign:recentdevelopmentsinUKtaxpolicy.Fiscal Studies,35(3), pp.243-273. Langenmayr, D. and Lester, R., 2017. Taxation and corporate risk-taking.The Accounting Review,93(3), pp.237-266. Miller, A. and Oats, L., 2016.Principles of international taxation. Bloomsbury Publishing. Mollan, S. and Tennent, K.D., 2015. International taxation and corporate strategy: evidence from British overseas business, circa 1900–1965.Business History,57(7), pp.1054-1081.