KAZAKHSTAN INSTITUTE OF MANAGEMENT, ECONOMICS AND STRATEGIC RESEARCH ACADEMIC AND RESEARCH COMMITTEE KIMEP course syllabus – Fall 2013 1) Basic information Course code and course title: ACC 3205 Principles of Taxation Course meeting time and place: Monday, Wednesday, 16:00-17:15 #135 / Valikhanov Building Course Credit: Three (3) credits. Instructor name: Vladimir Tyutyuryukov, Candidate of Science Instructor office location and office telephone: 303 / Dostyk Building; 270-44-40 ext.2079 Instructor e-mail contact address: vnt@kimep.kz 2) Instructor availability Office hours Monday, Wednesday, 17:30-20:00 Other time upon appointment Teaching assistant’s hours Asset Syzdykov, ta.bcb.taxation@gmail.com Monday-Thursday 16:00-18:00, Friday 14:30-18:00, 108 / New Building 3) Course description/overview This course covers fundamental principles of taxation. During the course, students will start building understanding of the purpose of taxation, main tax concepts, impact of taxation on businesses, impact of taxation on financial decision making, with examples of practical calculations as well as core principles of tax planning. While this is only introductory course, the course is also designed with the intention to develop student’s research capabilities and awaken further interest in studying taxation – also giving limited opportunities to the pro-active students to start developing their research and presentation skills both through optional research presentations. The course materials include study of the textbook chapters and additional resources, but include also interactive practical sessions and guest lectures. 4) Learning objectives This is an introductory taxation course, which is designed to provide an overview of fundamental taxation principles and tax issues relevant for any career in accounting, economic or finance area. The course will introduce principles of taxation applied in US (where the tax system is one of the most developed) and in Kazakhstan (overview of local practices). By the end of this course, a student will reach the following learning objectives: - Knowledge: o understanding and meaning of taxation and tax profession; o ability to define and clarify the basics of taxation, key concepts of a good tax, key principles of the tax system and problems as well as solutions; o ability to explain the relationship between tax base, tax rate, and tax revenue as a formula o distinguishing among types of taxes and understanding their business implications; o ability to explain why the parties to a private market transaction should consider the tax consequences of the transaction to both parties; o knowledge of the key sources of tax law and understanding of their interaction and their impact on business activities and decision making; o comprehend the concepts of tax avoidance and tax evasion; - Skills: o ability to justify why different taxing jurisdictions often compete for revenues from the same taxpayer and identify the reasons why governments continually modify their tax systems; o ability to determine the common differences between the calculation of book and taxable income for accrual basis firms; o distinguish between an arm's-length transaction and a related party transaction; o ability to analyze and design constructive solutions to the real business cases; - Participation: o effectively carry out individual research and assigned self-studying activities; o optionally participation in special research projects and tax conferences. Students who become interested in taxation are welcome to take subsequent taxation courses at BCB – such as Taxation in Kazakhstan and/or Taxation of Multinational Enterprises. This course is also recommended to students of other specializations, who may subsequently build on this fundamental knowledge when studying advanced tax courses. 5) Relationship of course and program Pre-requisites: ACC2102 Financial Accounting I Completing this course will prepare you for these other courses in the BCB program: ACC3210 Taxation in Kazakhstan ACC4240 Taxation of Multinational Enterprises 6) Teaching methodology The teaching methodology of this course includes various approaches: lectures, presentations made by students, in-class exercises, home readings, class discussions, case study analyses. In addition, it will be very welcomed if students participate in the conferences organized by the Central Asian Tax Research Center of KIMEP. 7) Assessment scheme Methods of assessment - Midterm and Final Exams (closed-book) - Degree of participation in in-class discussions and problem-solving - Attendance assiduity - Evaluation of individual research presentations and papers by students and the instructor - Participation in conferences Attendance 10% Students are encouraged to have full attendance and active participation. Attendance will count 10% to the total grade. Each student is responsible to monitor his /her own attendance. Individual / small group research activities 10% 10% goes to research paper or in-class presentation (schedule of presentations by topic is posted on L: Drive). These could be done individually or in teams of two. Please note that students have to submit a draft of the presentation 1 week before the presentation day. The days of presentations cannot be changed due to course schedule. The deadlines of research papers are agreed between the student and instructor. Any violations of deadlines will be punished by reduction of points. Midterm exam 40% 2 tests of 20% in late February and in late March Final exam 40% Final examination held on the University assigned examination date/time. The final examination will be comprehensive. Exam may include problem solving, multiple-choice questions, essay questions, true false questions or other forms of assessment Total 100% Bonus assignments Active participation (discussions, in-class exercises etc.) will be remunerated by 0.5 to 1 point per class depending on extension. Volunteering is welcome, though instructor will also call out various students in order to grant these marks to as many students as possible Up to 5% per assignment (rate and types of assignments will be announced; these include participation in conferences, researches etc.) 2.5% for research for and presentation of the tax news (one introduction of up to 2.5% per student; each news review should take 3-5 minutes during class time and explain the effect of the event). This assignment is strictly individual. 8) Grading scale 90 to 100 Pass A+ 57 to 59 Pass D+ 85 to 89 Pass A 53 to 56 Pass D 80 to 84 Pass A- 50 to 52 Pass D- 77 to 79 Pass B+ below 50 Fail 73 to 76 Pass B Incomplete I 70 to 72 Pass B- Withdraw 67 to 69 Pass C+ 63 to 66 Pass C 60 to 62 Pass C- F W 9) Course policies and instructor’s expectations of students The students are expected to exercise ethical behaviour during classes and exams and compliance with KIMEP policies. Each student is responsible to monitor his / her own attendance. In a rare circumstance that a student has to miss class (such as the birth of a child or severe illness), please contact me. Due to academics / research activities of the professor, certain classes might be cancelled and replaced by extra sessions or guest lectures. Attendance on these extra classes will be rewarded by bonus points and will be scheduled in such a way as to avoid scheduling conflicts of students. Using mobile phones during lectures, and exams is prohibited. Students should use only calculators for the computations. DISCIPLINARY MATTERS FOR CONDUCTING EXAMS Every event of cheating during the exams should be punished. In the case of written evidence (e.g. related to the topic notes made in the dictionaries or on the separate sheets) the student will receive 0 points for this Exam. Any other cases of cheating (e.g., talking, looking in another's paper, turning to the neighbor, continuing writing after instructor announced the end of the exam) will be penalized by subtracting 30 points from the student's grade for this Exam. If the student will repeat cheating during one of the Exams, then this will lead to 0 point grade for the Exam. 10) Period-by-period schedule* We ek # 1 Week dates Topics Learning points Reading materials (subject to amendment) Introduction to the course Topic 1. Introduction to the taxation 2 Terms: tax, elements of the tax (taxable item, tax base, tax rate, tax period, tax benefits), taxpayer, tax agent, tax authorities, tax compliance, tax control, tax revenue, tax jurisdiction, special economic zones (SEZ), offshores Concepts: Sally Jones, ch.1, 3 Additional materials: Mitchell - The Economics of Tax Competition Functions of the taxes Kinds of taxpayers Rights, obligations and roles of taxpayers and tax agents Rights, obligations and roles of tax authorities 3 Classifications of the taxes Sources of tax law Residence-based and source-based taxation Tax implications for business activity (tax planning, tax benefits) 4 Activities Topic 2. Tax policy issues: standards for a good tax Terms: tax policy, tax administration, tax avoidance, tax evasion Concepts: Standpoint of state: source of funds Standpoint of business: transaction costs or cash outflow Standards for a good tax: be sufficient, be Sally Jones, ch.2 Additional materials: V.Thuroniy, ch. 1 and 3 Principles_Taxation_Ethics Ethical principles.pdf In-class discussions - What is the relationship between tax revenue, tax base and tax rate? - Why different taxing jurisdictions often compete for revenues from the same taxpayer? - What are the types of taxes levied by local governments, state governments and federal government in the USA? In Kazakhstan? - What is transaction or activity based tax? - Differentiate between a regressive, a proportionate, and a progressive tax rate structure - Explain the difference between marginal and average tax rate In-class discussions - What are the four standards of a good tax? - Explain the difference between the income effect and the substitution effect - Define horizontal and vertical equity convenient, be efficient, be fair Tax law design – Summary Illustration of other principles of the taxation (economic, organizational, ethical, legal) Effects of the taxation (revenue, redistribution, repricing, representation) Effects of the increase in taxes (income effect, substitution effect, avoidance, evasion) Influence of international organizations on the tax policy Process of tax law designing, drafting, adoption and enforcement 5 Topic 3. Tax Professionals and their roles Concepts: V.Thuroniy, ch. 5 Tax professionals and their roles o Consulting: tax consultant, tax manager, tax partner o Industry: tax accountant, tax manager o Public service: tax officer, tax policymaker Regulation of tax professionals Additional materials: Treasury Department Circular No. 230 (notably §10.3, 10.4, 10.20-10.22, 10.2710.37) Uzbekistani law on tax consulting: http://www.pnk.uz/node/11 Student presentations: Tax professionals in business and requirements for them (based on research of job offers for the positions of tax consultant, tax accountant, chief accountant, tax manager, tax partner) Tax professionals in civil service (tax inspectors, tax policymakers) Regulation of tax profession: general approach Regulation of tax profession in selected countries (Kazakhstan, US, Uzbekistan, Germany) 6 Topic 4. Taxation of property Terms: property taxes, taxes on transfer of property, land tax, real estate tax, tax on vehicles (motor vehicle tax), Concepts: V.Thuroniy, ch. 9 Student presentations: Who pays tax on property (comparative analysis) Additional materials: Approaches to valuation of Ownership and use as taxable events The Illinois Property Tax System valuation vs. natural measurement Land Tax in NSW, Australia 2011 ecology-based taxation reporting requirements Taxation of transactions involving property jurisdiction of taxation Topic 5. Taxation of personal income Sally Jones, ch.13, 14 (sections “Wage and salary payments”, “Employee fringe benefits”, “Employment-related expenses”, “Retirement planning”), 16 Student presentations: Global approach vs. schedule approach in KZ and foreign tax systems Global approach and schedule approach Additional materials: Pay-as-you-earn: treatment of salary income V.Thuroniy, ch.14 Calculating and reporting personal income tax Terms: active income, passive income, fringe benefits, gross income, adjusted income, filing status, dependent Concepts: Gross income reporting Deduction of personal expenses Tax credits and allowances Flat rate vs. progressive rate Family taxation Reporting requirements Social security contributions Skills: 8 9 Midterm Ecology-based taxation (on example of motor vehicles) Country-specific approach to property taxation (US, Kazakhstan, Australia, New Zealand) difference between taxation of corporate and personal property 7 a property Withholding taxation vs. self-assessment: pro, contra and feasibility Family taxation: concept, mechanism and differences from individual taxation Fringe benefits: concept and tax consequences Social security contributions: concept and differences from a tax Basics of personal income tax calculation (treatment of different types of income, use of allowances, amending tax liability) In-class discussion TEST 1 Case studies Flat rate vs. progressive rate (based on students research of pro and contra arguments) Break 10 Topic 6. Taxation of corporate income Concepts: Sally Jones, ch.5, 6, 17 Cash vs accrual method Additional materials: Concept of income and tax treatment of different types of income, differences between IFRS and tax law V.Thuroniy, ch.16, 17 tax_control_framework_en Treatment of different expenses Student presentations: Use of cash and accrual methods in tax calculations Explaining differences between financial results and taxable profit Types of expenses: deductible, limited and nondeductible Property acquisitions and cost recovery deductions Capitalization or deduction? Tax treatment of propertyrelated expenses Loss carry-forward Tax compliance Skills: Explaining loss carryforward and loss carry-back Basics of corporate income tax calculation (treatment of different types of expenses, filling in tax return, separate reporting of some projects) Tax compliance procedures In-class case study Corporate income tax return review and discussion of treatment of different items 11 Topic 7. Income tax planning Concepts: Sally Jones, ch.4 Basic maxims (time variable, entity variable, jurisdiction variable, character variable) Uckmar - International tax planning forms and measures of counteraction Tax accounting policy Supply chain management Structuring of business Skills: Identification of possibilities to manage tax costs (use of benefits, use of different tax regimes for companies, use of different tax jurisdictions) Student presentations: Explaining basic maxims of tax planning (with examples) Supply chain management (mechanism and use for tax planning) Combating tax avoidance (overview of measures adopted by tax authorities) In-class case study 12 Topic 8. Taxation of turnover (VAT, Excise duties, Sales tax) Terms: value added, incoming/input VAT, outgoing/output VAT, offset/deduction of input VAT, place of supply V.Thuroniy, ch.6 and 8 Council Directive 2006_112_EC of 28-112006 on the common system of VAT.pdf Features of VAT (correspondence between price and VAT, VAT-able operations, reverse-charge VAT, offset of VAT) Concepts: Features of VAT, excise duties and sales taxes Tax base of turnover taxes Calculation of output VAT (notion of price including and excluding VAT) Place of supply rule Offset/deduction of input VAT Tax free shopping Treatment of VAT on import Excise duties: excisable goods and methods of calculations VAT on export and its refund Skills: Duty-free shopping Identification of indirect tax consequences Indirect taxes and ecommerce Differentiating between use of 0% VAT rate and exemption from VAT 13 14 TEST 2 Topic 9. International taxation of income and property Student presentations: Sales tax: features and issues In-class case study VAT calculations Terms: tax residents, non-residents, permanent establishment (PE), source-based taxation, residence-based taxation, tax treaty, double taxation avoidance treaty (DTT) V.Thuroniy, ch.18 Concepts: Handout-Principles of International Taxation Chapter 2 Introduction.pdf Tax competition Additional materials: Model tax treaties Article DTT.pdf Tax treatment of different types of income, International Tax Planning.pdf Harmonization of taxation in economic unions Student presentations: Tax residence Permanent Establishment: concept and how to determine Economic and legal double taxation: how it happens Tax treaties and their models Anti-abuse rules (including black lists of offshores) International taxation and business structuring Anti-avoidance rules: general, transfer pricing, Abuse of tax rules thin capitalization, controlled foreign company (CFC) 15 Student presentations: Overview of anti-avoidance rules (one presentation for each type) Skills: Identification of international tax consequences Tax competition Rules of economic unions and domestic law 16 Topic 10. Special tax regimes Terms: general tax regime, special tax regime [Handouts] Concepts: [research done by students] Special regimes for small businesses (reasons for introduction, simplified tax accounting, simplified tax base calculation) Special regime for extraction industry (reasons for introduction, mineral extraction tax/royalty, excess profits tax) Student presentations: Taxation in special economic zones Definition of small business Special tax regimes for small businesses Taxation of mineral extraction industry: royalty Special regime for agriculture (reasons for introduction, special determination of tax base, VAT incentives) Taxation of mineral extraction industry: productsharing agreements Incentives for R&D activities Taxation of innovative businesses Final Exam * May be amended as required by the circumstances 11) Instructional resources First item in relevant cell covers most of the section. Other items add more value. Please consider the structure of each publication. It may contain too specific sections – in this case run through them to obtain just understanding. The important sections are those dealing with definitions and principles, main elements of taxes, mechanism of assessing and collecting of the tax, mechanism of tax management and tax administration. International-based Victor Thuronyi. Tax Law Design and Drafting. Available at www.imf.org/external/pubs/nft/1998/tlaw/eng/ and with instructor (at request) Presentations and handouts US-based Sally M. Jones. Principles of Taxation for Business and Investment Planning (2007 edition) – available in library Kazakhstan-based The Tax Code of the Republic of Kazakhstan effective in 2012. Available on L: Drive, on web-site of Tax Committee of Ministry of Finance (www.salyk.kz) and in Paragraph database.