Question Tag: Tax Maximization

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You are a final level student of ICAG engaged by Baby Heights Ltd, a manufacturing company. The company is having issues with the Ghana Revenue Authority on tax evasion and avoidance. Your first assignment is to meet the Board of Directors to brief them on various issues governing tax planning and how to take advantage of the provisions in the taxation laws to avoid the payment of certain taxes and possibly defer certain tax liabilities.

Required:
Write a brief report in relation to the case above, explaining to the Board of Directors about tax planning maxims or variables with appropriate examples.

To: The Board of Directors, Baby Heights Ltd
From: Joe Fraser, Tax Consultant
Subject: Report on Tax Planning Maxims

Introduction:
Tax planning involves structuring a company’s financial activities in such a way as to minimize its tax liabilities within the legal framework. Below are key tax planning maxims or variables that Baby Heights Ltd can employ to achieve tax efficiency:

  1. Time Variable:
    Taxes can be reduced by deferring taxable income and accelerating deductions. By delaying income recognition to future periods where tax rates might be lower or tax liabilities deferred, the company can minimize its current tax burden. Similarly, accelerating allowable expenses can generate immediate tax savings.

    • Example: Postpone recognizing income from a long-term contract until the next financial year to take advantage of possible tax rate reductions.
  2. Jurisdiction or Location Variable:
    The location of a business significantly affects its tax liabilities. Different regions or countries offer varying tax rates and incentives. Establishing operations or taking advantage of tax incentives in more favorable tax jurisdictions can lower the overall tax burden.

    • Example: Manufacturing companies located in the northern part of Ghana enjoy tax holidays, which can reduce tax liabilities.
  3. Character or Activity Variable:
    Different tax rules apply depending on the type of business activity. Certain activities such as agriculture, manufacturing, and export businesses often enjoy preferential tax treatment. By focusing on these types of activities or shifting investments into more tax-advantageous sectors, the company can benefit from reduced tax rates.

    • Example: Agro-based businesses in Ghana benefit from tax holidays that can reduce the overall tax liabilities for businesses involved in such activities.
  4. Entity Variable:
    The choice of legal structure—whether sole proprietorship, partnership, or corporation—affects tax liabilities. Corporations are generally taxed at the corporate rate, while sole proprietorships and partnerships may be taxed at personal income tax rates. Choosing the right entity for a business can significantly impact tax obligations.

    • Example: Choosing a limited liability company structure may allow the company to access corporate tax incentives and benefits.
  5. Income Splitting:
    This involves spreading income among family members or related parties who are taxed at lower rates. The goal is to reduce the overall tax burden by allocating income to parties with lower tax obligations.

    • Example: Dividing profits between shareholders, directors, or subsidiaries to take advantage of lower personal income tax rates.
  6. Use of Tax Incentives:
    Tax laws provide incentives such as capital allowances, reinvestment allowances, and export incentives to encourage certain types of investments. By making the most of these incentives, the company can reduce its taxable income.

    • Example: Claiming capital allowances for the purchase of fixed assets such as machinery or equipment used in manufacturing to reduce taxable profits.

Conclusion:
By employing the above tax planning maxims, Baby Heights Ltd can effectively minimize its tax liabilities within legal bounds, take advantage of available tax incentives, and potentially defer tax payments. I am available to provide further assistance in implementing these strategies.

Yours faithfully,
Joe Fraser
Tax Consultant