Discussion
Dr Jekyll said:
But is your ethical duty to advise the client how to minimise their tax bill (if that's what they want), to maximise it, or to simply ensure the correct amount is paid for the circumstances.
I would hope the accountant's duty is to the client that hires them, not to the government.
The Professional Conduct in Relation to Taxation guidance states that tax agents and advisers among other things:I would hope the accountant's duty is to the client that hires them, not to the government.
- help taxpayers to comply with their tax obligations so that they pay the right amount of tax at the right time and thereby help and encourage compliance;
- help protect them from possible penalties and sanctions for non-compliance which might otherwise arise;
- assist those who have not been fully compliant to become so;
- act in the interests of clients by advising taxpayers on the reliefs and incentives which Parliament has introduced, recognising the economic and social objectives for their introduction and thereby helping to support growth and competitiveness;
- advise clients of the tax consequences (for themselves, their families, affiliates, customers, employees, owners or other stakeholders) of actions that they have taken, or propose to take, especially in circumstances where the law may be unclear, outdated, or inconsistent;
- advise taxpayers on how such tax liabilities and compliance costs can be mitigated by making reasonable and appropriate use of the legislative framework and the choices available, particularly where transactions or arrangements can reasonably be structured in different ways with different tax consequences; and
- advise clients on how to resolve lawfully and effectively legitimate differences of view with the tax authorities (or sometimes, stakeholders or other taxpayers).
ninja-lewis said:
The Professional Conduct in Relation to Taxation guidance states that tax agents and advisers among other things:
That's it basically.- help taxpayers to comply with their tax obligations so that they pay the right amount of tax at the right time and thereby help and encourage compliance;
- help protect them from possible penalties and sanctions for non-compliance which might otherwise arise;
- assist those who have not been fully compliant to become so;
- act in the interests of clients by advising taxpayers on the reliefs and incentives which Parliament has introduced, recognising the economic and social objectives for their introduction and thereby helping to support growth and competitiveness;
- advise clients of the tax consequences (for themselves, their families, affiliates, customers, employees, owners or other stakeholders) of actions that they have taken, or propose to take, especially in circumstances where the law may be unclear, outdated, or inconsistent;
- advise taxpayers on how such tax liabilities and compliance costs can be mitigated by making reasonable and appropriate use of the legislative framework and the choices available, particularly where transactions or arrangements can reasonably be structured in different ways with different tax consequences; and
- advise clients on how to resolve lawfully and effectively legitimate differences of view with the tax authorities (or sometimes, stakeholders or other taxpayers).
You do what you can for your clients
a) within the law
b) and within your own moral boundaries.
Interesting thread. One of my friends has just started up his own Limited company and has started his first contract. They pay his day rate straight into his company account every week.
He's effectively doing a technical IT role but with team lead responsibilities. I'm also not certain that he is in full control over how he delivers his results, rather being lead from the company. His accountant has told him he doesn't fall within IR35 but looking at my very limited knowledge on contracting, it looks like he's a definitely inside.
In the words of Mile Hunt "confused ,you will be..."
He's effectively doing a technical IT role but with team lead responsibilities. I'm also not certain that he is in full control over how he delivers his results, rather being lead from the company. His accountant has told him he doesn't fall within IR35 but looking at my very limited knowledge on contracting, it looks like he's a definitely inside.
In the words of Mile Hunt "confused ,you will be..."
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