Topic: Anti-avoidance measures

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AT – April 2022 – L3 – Q2a – Anti-avoidance measures

Discuss four factors the Commissioner-General will consider in comparability analysis for transfer pricing arrangements.

In response to some taxpayers’ behaviour, transfer pricing regulation has been passed to ensure that all arrangements are conducted at arm’s length. The Commissioner-General in his dealings with taxpayers must ensure that market price drives business transactions. The Commissioner-General reserves the right to allege abuse of transfer pricing if certain factors point to the fact that there is an arrangement not in accord with the dictate of market forces.

Required:
Explain FOUR (4) factors the Commissioner-General will rely on in his comparability analysis in Transfer Pricing arrangements.

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AT – May 2021 – L3 – Q3b – Anti-avoidance measures

Explain how contractual terms protect revenue in transfer pricing arrangements.

Contractual terms between two persons, both dependent and independent, must be examined regarding goods, property, and services. The associate’s transactions must be scrutinised to ensure that revenue is not lost relative to non-associate.

Required:
How do contractual terms protect revenue in transfer pricing arrangements?

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AT – May 2021 – L3 – Q2c – Anti-Avoidance Measures

Evaluate the impact of income splitting as an anti-tax avoidance measure.

As part of measures to fight back base erosion and profit shifting, Parliament of Ghana has legislated against profit splitting.

Required:
Evaluate the impact of income splitting as an anti-tax avoidance measure.

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AT – Mar 2024 – L3 – Q3c – Anti-avoidance measures

Explaining the difference between tax avoidance and tax evasion, examples of both, and limitations to tax planning.

According to the Organisation for Economic Co-operation and Development (OECD), tax avoidance and tax evasion are terms which are difficult to define but are generally used to describe the arrangement of a taxpayer’s affairs intended to reduce their tax liability.

Required:

i) Explain the differences between tax avoidance and tax evasion.
(3 marks)

ii) Enumerate THREE (3) examples of tax avoidance activities firms and individuals are likely to engage in.
(3 marks)

iii) Identify FOUR (4) examples of activities that are likely to be classified as tax evasion and not tax avoidance.
(2 marks)

iv) Explain TWO (2) limitations to effective tax planning.
(2 marks)

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AT – July 2023 – L3 – Q2b – Anti-avoidance measures

Discussing the key factors the Commissioner-General considers when evaluating price manipulation among connected persons.

The Commissioner-General would review certain essential factors in an attempt to consider price differentials for possible adjustment in price to protect revenue when there is clear evidence to suggest price manipulation between and among connected persons.

Required:
Discuss FOUR (4) considerations the Commissioner-General may place reliance on as part of measures to be convinced that there is no price manipulation.

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AT – Nov 2015 – L3 – Q3b – Anti-avoidance measures

Explaining the difference between tax evasion and tax avoidance with examples.

Distinguish between Tax Evasion and Tax Avoidance and give one example of each.

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AT – Nov 2017 – L3 – Q1d – Tax planning, Anti-avoidance measures

Explaining tax evasion and identifying ways companies evade taxes.

The Presidential Commission on Revenue Mobilization has indicated that tax evasion activities of some companies deny the state of its required revenue for development.

Required:

  1. Explain what tax evasion is, and
  2. Identify THREE ways by which companies evade tax. (5 marks)

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AT – Nov 2023 – L3 – Q1b – Anti-avoidance measures

Explain the Comparable Uncontrolled Price (CUP) method in transfer pricing with an example and state situations for its application

The transfer pricing rules require the use of the “most appropriate” method to price related party transactions. One of such methods is ‘Comparable Uncontrolled Price method’.

Required:
i) Explain with a simple numerical example, the comparable uncontrolled price. (4 marks)
ii) State TWO (2) situations where it is most appropriate to apply the comparable uncontrolled price method. (2 marks)

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AT – Nov 2019 – L3 – Q3a – Anti-avoidance measures

Explain the objectives of Ghana’s Transfer Pricing Regulations and the concept of the arm’s length principle.

The Ghanaian Government, worried by the rising incidence of Transfer Pricing abuses by Multinational and Group Companies, introduced new transfer pricing rules and guidelines through Transfer Pricing Regulations, 2012 (LI 2188).

Required:

i) Explain any FOUR (4) objectives of the transfer pricing regulations of Ghana. (6 marks)

ii) Explain the arm’s length principle. (2 marks)

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AT – April 2022 – L3 – Q2a – Anti-avoidance measures

Discuss four factors the Commissioner-General will consider in comparability analysis for transfer pricing arrangements.

In response to some taxpayers’ behaviour, transfer pricing regulation has been passed to ensure that all arrangements are conducted at arm’s length. The Commissioner-General in his dealings with taxpayers must ensure that market price drives business transactions. The Commissioner-General reserves the right to allege abuse of transfer pricing if certain factors point to the fact that there is an arrangement not in accord with the dictate of market forces.

Required:
Explain FOUR (4) factors the Commissioner-General will rely on in his comparability analysis in Transfer Pricing arrangements.

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AT – May 2021 – L3 – Q3b – Anti-avoidance measures

Explain how contractual terms protect revenue in transfer pricing arrangements.

Contractual terms between two persons, both dependent and independent, must be examined regarding goods, property, and services. The associate’s transactions must be scrutinised to ensure that revenue is not lost relative to non-associate.

Required:
How do contractual terms protect revenue in transfer pricing arrangements?

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AT – May 2021 – L3 – Q2c – Anti-Avoidance Measures

Evaluate the impact of income splitting as an anti-tax avoidance measure.

As part of measures to fight back base erosion and profit shifting, Parliament of Ghana has legislated against profit splitting.

Required:
Evaluate the impact of income splitting as an anti-tax avoidance measure.

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AT – Mar 2024 – L3 – Q3c – Anti-avoidance measures

Explaining the difference between tax avoidance and tax evasion, examples of both, and limitations to tax planning.

According to the Organisation for Economic Co-operation and Development (OECD), tax avoidance and tax evasion are terms which are difficult to define but are generally used to describe the arrangement of a taxpayer’s affairs intended to reduce their tax liability.

Required:

i) Explain the differences between tax avoidance and tax evasion.
(3 marks)

ii) Enumerate THREE (3) examples of tax avoidance activities firms and individuals are likely to engage in.
(3 marks)

iii) Identify FOUR (4) examples of activities that are likely to be classified as tax evasion and not tax avoidance.
(2 marks)

iv) Explain TWO (2) limitations to effective tax planning.
(2 marks)

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AT – July 2023 – L3 – Q2b – Anti-avoidance measures

Discussing the key factors the Commissioner-General considers when evaluating price manipulation among connected persons.

The Commissioner-General would review certain essential factors in an attempt to consider price differentials for possible adjustment in price to protect revenue when there is clear evidence to suggest price manipulation between and among connected persons.

Required:
Discuss FOUR (4) considerations the Commissioner-General may place reliance on as part of measures to be convinced that there is no price manipulation.

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AT – Nov 2015 – L3 – Q3b – Anti-avoidance measures

Explaining the difference between tax evasion and tax avoidance with examples.

Distinguish between Tax Evasion and Tax Avoidance and give one example of each.

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AT – Nov 2017 – L3 – Q1d – Tax planning, Anti-avoidance measures

Explaining tax evasion and identifying ways companies evade taxes.

The Presidential Commission on Revenue Mobilization has indicated that tax evasion activities of some companies deny the state of its required revenue for development.

Required:

  1. Explain what tax evasion is, and
  2. Identify THREE ways by which companies evade tax. (5 marks)

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AT – Nov 2023 – L3 – Q1b – Anti-avoidance measures

Explain the Comparable Uncontrolled Price (CUP) method in transfer pricing with an example and state situations for its application

The transfer pricing rules require the use of the “most appropriate” method to price related party transactions. One of such methods is ‘Comparable Uncontrolled Price method’.

Required:
i) Explain with a simple numerical example, the comparable uncontrolled price. (4 marks)
ii) State TWO (2) situations where it is most appropriate to apply the comparable uncontrolled price method. (2 marks)

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AT – Nov 2019 – L3 – Q3a – Anti-avoidance measures

Explain the objectives of Ghana’s Transfer Pricing Regulations and the concept of the arm’s length principle.

The Ghanaian Government, worried by the rising incidence of Transfer Pricing abuses by Multinational and Group Companies, introduced new transfer pricing rules and guidelines through Transfer Pricing Regulations, 2012 (LI 2188).

Required:

i) Explain any FOUR (4) objectives of the transfer pricing regulations of Ghana. (6 marks)

ii) Explain the arm’s length principle. (2 marks)

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