Effective business writing for tax EY

Effective business writing for Tax T 1 Contents I: Introduction ...............................................................................................3 1. Why is written communication at Ernst Young so important? ...................................4 2. Why am I on this course? ............................................................................................5 3. Course aims ...............................................................................................................6 4. Structuring letters......................................................................................................7 II: The writing process....................................................................................9 1. The main steps ....................................................................................................... 10 III: Grammar review ..................................................................................... 19 1. Present perfect simple vs. past simple..................................................................... 20 2. Direct and reported speech...................................................................................... 22 3. Word order .............................................................................................................. 25 4. Recommend and suggest ......................................................................................... 27 IV: Production ............................................................................................. 30 1. Introductions.......................................................................................................... 31 2. Firming the conclusion............................................................................................ 34 V: Use of language ....................................................................................... 36 1. Plain English............................................................................................................ 39 2. The four Cs.............................................................................................................. 40 3. Six specific techniques to improve your writing style................................................ 40 4. George Orwell’s Golden Rules .................................................................................. 49 5. Principles of good writing LISTEN, LOOK, TOUCH .................................................. 50 2 VI: Cohesion ................................................................................................ 51 1. Introduction ............................................................................................................ 52 2. The basics of punctuation ........................................................................................ 53 3. Conjunctions ........................................................................................................... 54 4. Logical connectors .................................................................................................. 56 5. Runon sentences.................................................................................................... 60 6. A few more tips ....................................................................................................... 62 VII: Articles................................................................................................. 63 1. Introduction ............................................................................................................ 64 2. The noun approach .................................................................................................. 65 3. Proper nouns useful rules ...................................................................................... 66 4. Articles with countable and uncountable nouns ........................................................ 70 5. Common errors........................................................................................................ 73 6. Articles test ............................................................................................................ 74 VIII: Common mistakes ................................................................................ 75 1. Common vocabulary problems ................................................................................. 76 2. Rise raise arise ................................................................................................... 79 3. Describing time spans and limitations: until by....................................................... 81 4. Risk and exist .......................................................................................................... 83 5. Funny adjectives...................................................................................................... 84 IX: Grammar reference................................................................................. 85 1. Past perfect ............................................................................................................ 86 2. Conditionals ............................................................................................................ 87 3. Gerund versus infinitive ........................................................................................... 89 4. Defining and nondefining relative clauses................................................................ 92 5. How important are commas? ................................................................................... 93 6. Indirect questions.................................................................................................... 94 3 I: Introduction 4 1. Why is written communication at Ernst Young so important? What forms of written communication might EY people produce? Why might we produce this material? 5 2. Why am I on this course? My writing skills are already very strong. So why am I here? We spend time developing writing skills because: · so much of our output is in writing · people rely on our advice to make important decisions · our letters are visible and permanent · clients pay a lot of money for them. Even native speakers of English receive courses at EY to improve their written English. Indeed, some of the material here is based on a course given to people in the London office. People with good English writing skills spend less time rewriting documents and, therefore, leave the office earlier. J Good writing skills are crucial. They can always be improved. 6 3. Course aims This course will not teach you to write. What it will do is provide you with advice and techniques to improve the writing skills you already have. We will focus on the following areas: 1. Structuring letters 2. The cohesion of letters 3. Relevancy of information 4. Conciseness 5. Style 6. Reducing errors in certain areas 7. Eliminating errors in certain areas 7 4. Structuring letters Quickly review the letter below. Task 1: What is the purpose of the letter? Task 2: What is the basic structure of the letter? Dear Mr. Jones, Taxation of interest free loans Referring to your telephone conversation of 21 January 2002 with Peter Chrenko, we are pleased to provide you with our comments on the draft of the Loan Contract concluded between ABC CR s.r.o. (“ABC”) and its parent company, American ABC (“American ABC”). Background We were provided with a copy of the draft of the Loan Contract agreed between ABC and American ABC. We understand that the Loan Contract stipulates the conditions under which American ABC provided a loan of USD 3,000,000 to its Czech subsidiary. The question arises of whether the contract meets the conditions outlined in our letter dated 12 January 1999. If those conditions are met, then the loan may be treated as a form of equity contribution for the purposes of Czech gift tax. The interest free loan would, therefore, not be subject to gift tax on the interest saved. Legal analysis As outlined in our previous correspondence, there might be an exemption to the rule that the provision of an interest free loan to a Czech subsidiary represents a proprietary benefit which bears gift tax exposure in the Czech Republic. Section 658 of the Czech Civil Code allows contractual parties to agree on no interest on cash borrowings. According to a recent opinion of the Ministry of Finance, loans provided directly from the parent to its subsidiary should be viewed as equity contributions. Such loans do not reduce the value of the equity of the subsidiary and thus make the value of the parent companys investment in its subsidiary more valuable. Therefore, an interest free loan provided from a parent company to its subsidiary may be considered as having been made for consideration and should not carry any gift tax exposure. 8 The Loan Contract review We have reviewed the draft of the Loan Contract which you provided. The wording of the draft has all of the conditions necessary to meet the criteria outlined above for the loan to be treated as an equity contribution for the purpose of Czech gift tax. We believe that if the original of the Loan Contract has the same wording, the provision of the loan would bear only limited exposure for gift tax. Please note that this opinion is based on the current interpretation of the Ministry of Finance, which is not legally binding. There were cases in the past when the Financial Authorities raised assessments for gift tax in similar circumstances. However, a loan agreement drawn up under Section 658 of the Civil Code should be sufficient support for arguing against any attempt by the Financial Authorities to seek gift tax on the interest saved. Should the Financial Authorities assess gift tax for ABC in this respect, the Ministry of Finance is entitled to waive the tax and penalty assessed. Conclusion The existing wording of the Loan Contract provided to us should be, in our view, sufficient to minimise the exposure of gift tax for ABC on the interest saved. Nevertheless, there is still a minor risk that the Financial Authorities might issue an assessment for gift tax on the interest saved if they have a different opinion than that of the Ministry of Finance. To avoid this, we would recommend that this debt be capitalised into registered equity as soon as possible. Please note that this should happen in the form of a decision of the General Meeting on the increase of registered equity inkind. If you have any questions regarding the above, please do not hesitate to contact us. Yours sincerely, 9 II: The writing process 10 1. The main steps Good writing takes time (and lots of practice). It pays to follow these steps: A. Plan B. Outline C. Write D. Edit E. Review (proofread) Treating each step as a separate phase will improve the quality of your work. 11 A. Plan Always ask yourself the two key questions: 1. 2. The answers to these two questions will form the basis of your plan, a profile of the following: · Target reader · Reason for writing · Language to be used: requesting, complaining, informing, recommending, proposing, etc. · Format: letter, email, report, etc. · Layout: formal letter conventions, paragraphs, titles, etc. · Register: the style of language used. For example, when would you use the following? promotional dry and factual friendly and informal formal very technical or avoiding all unnecessary technicality using EY jargon or not complex and detailed or as simple as possible. Take time, however briefly, to think about these issues before you write. 12 Planning role play You are going to write on the same topic to two different target readers: a client and a colleague you know. What difference does the identity of the reader make? Target reader: Client EY colleague of 5 years Format: Register: Language used or not used (with specific examples): 13 B. Outline Decide what you are going to write and how your message will be organized An outline BRIEFLY summarizes the · content and · organisation of your written communication. The organisation should be logical and appropriate for the content. Discussion questions: 1. Do you always write an outline before writing? 2. Why write an outline? Practice A partner has asked you for a memo giving your opinion about the training for new audit staff members in Amsterdam. Isnt the training just a twoweek drinks’ party? Is it really of value? Should the firm send new staff to Amsterdam for training? Task: Write an outline of your memo. Use this method: List Categorise Arrange Fillingintheform method Instead of starting an outline from scratch you could fill in a standard form such as the one on the next page. When you have filled it in you will have the beginning of an outline. Then you can proceed to the document itself or continue to fill in more details. 14 Outline Form 1. Heading __________________________________________________________________________________ 2. Introduction Reference to previous contact: With reference to your email of … Statement of what will be in the letter:…we are pleased to provide you with comments on the tax treatment of … __________________________________________________________________________________ 3. Background Our understanding:________________________________________________________________ __________________________________________________________________________ Basis of the analysis below (What you asked us to do, i.e. purpose of the letter): The question arises as to whether the ………(possibly repeat client’s request)….. 4. Structured analysis Points that will persuade or inform your reader: Point a ________________________________________________________________________ ________________________________________________________________________ Point b ________________________________________________________________________ ________________________________________________________________________ Point c ________________________________________________________________________ ________________________________________________________________________ __________________________________________________________________________________ 5. Conclusion Recommendations:__________________________________________________________ Future actions:______________________________________________________________ Maintain the relationship: We look forward to………. Should you have any further questions….. 15 C. Write Completely express your message in writing. In this step, you actually write the document. Completely express your thoughts in writing in an organized way according to your outline. D. Edit Edit for only: · content · organization. This step may consist of two, three or four steps, depending on how long and complex your communication is. If it is a fiftypage document, you may need to edit your draft a number of times. You may want to involve several other people who will read and comment on it for you. Your goal is to get the content and organization right. Check list · Is your message complete? · Is your message clearly stated? · Is it clearly organized? · Will your reader be able to understand what you wrote? · Are any changes necessary? If so, make those necessary changes now. 16 Editing a letter Task: Read this letter and then follow the instructions on the following page. Dear Mr Toffee, With regard to your letter of 6 June 2007, we are pleased to provide you with our comments on VAT in respect of advertising services provided by a Czech advertising agency to ABC. Situation ABC hired a Czech advertising agency based in Prague (“the agency”) to perform advertising services (TV commercials or billboard advertising) in France. The payments for these services were made directly in the Czech Republic (“the CR”) until the summer of this year. The amounts invoiced by the agency were recently discovered to include VAT. VAT treatment According to the Czech VAT Act, only the taxable supply provided in the territory of the CR is subject to Czech VAT. When considering advertising services, the place of taxable supply is deemed to be the place where the services are actually performed. In this particular situation, the place of taxable supply in respect of the advertising services is France. Therefore, the performance of advertising services by the agency for ABC in France is not subject to Czech VAT. Therefore, the agency should not charge any VAT to your company for these services. Recommendation As mentioned above, the agency is not entitled to charge any VAT on the advertising services provided to ABC in France. Hence, ABC is not obliged to pay this VAT. Therefore, we would recommend claiming back the amount of VAT already paid from the agency. The ultimate cost of VAT will not be borne by the agency as it can file a supplementary VAT tax return in respect of its lower tax liability and the VAT overpayment will be refunded by the Czech Financial Authorities. As a result, the VAT paid will not represent a cost to either ABC or the agency. The Czech VAT Act stipulates that a taxpayer (i.e. the agency) cannot claim back VAT incorrectly charged at a higher rate (i.e. the overpayment). However, this provision cannot be applied to your case as it only relates to taxable supplies which are subject to VAT. As mentioned above, the performance of advertising services outside the CR is not subject to Czech VAT. Conclusion Advertising services provided by a Czech advertising agency outside the territory of the CR are not subject to Czech VAT. The agency should not charge any VAT for its services provided to ABC. If the agency charged VAT, we believe that ABC should claim back the amount concerned. We trust that the above is suitable for your current purposes. Should you have any questions or comments, or if we can be of further assistance, please do not hesitate to contact us. Yours sincerely, 17 Task 1: What is the basic structure of the letter? Task 2: What is missing from the letter? Task 3: Where would you insert the missing section? Task 4: Write the appropriate section below: 18 E. Review (proofread) At this point, you should no longer think about what you wrote (content), how you wrote it (language) or the organization. These aspects of the document should be completed in the editing phase. The proofreading phase is ONLY for: · spelling · format · grammar · punctuation. All of the details of the document are as they should be. There are NO mistakes. Good business writing should be perfect and free of errors. Use a dictionary if you are not sure how to spell words. Although they can be helpful, do not rely on Microsoft Word grammar check and spell check. Typing errors – beware Form From Risk Rusk Below Bellow Your You Withhold Withheld Send Sent Slow moving Slow mowing Fro For Can you think of any more? 19 III: Grammar review 20 1. Present perfect simple vs. past simple · Why is the present perfect used in each sentence? · Could we use the continuous? · If so, is there a change in meaning? 1. He has lived in the Czech Republic for ten years. 2. I have just finished the report. 3. I have been to America twice. 21 Task: Correct the typical mistakes made in these sentences. 1. Two years ago we have advised him to use the aggressive tax approach. 2. During 2002 the company has signed a contract with a Russian customer to sell the production line producing nuclear fuel containers. 3. (Talking to your expat colleague who lives in Frankfurt) How long are you in Germany? 4. (Written in the covering letter with an invoice) Although the project was very complicated and time consuming, we decided to provide you with a discount of over 40 per cent from our customary fees. 5. Based on our inquiries with the Commercial Register, the following changes were entered since the day of incorporation: 6. The Founding Agreement has been executed last week. 22 2. Direct and reported speech Task: Complete the table below, assuming that all of the indirect speech takes place the next day. Direct speech Reported speech a) John: “You look nice.” b) Jane: “I’m learning French.” c) He: “I’ve forgotten to do it.” d) The receptionist: “The client phoned.” e) You (the student): “I can’t swim.” f) The teacher: “I could swim when I was younger.” Rules · The rules above are valid when the reporting verb (said, explained, claimed) is in a past tense. · Both the original and reported speech can be used if the situation is still true. A native speaker would generally prefer the reported version: I didn’t know that John was married. (John is still married) 23 Reported speech exercise The following statements were made during an interview with PWC employees during a working papers review. The next week, our employee rewrote the statements. Fill in the missing verbs in the “reported speech” sentences. 1. Direct speech: “The internal controls of the Company within the payables cycle are properly designed and operating effectively and there are no material risks in this area of the Company’s balance sheet.” Reported speech: PWC concluded that the internal controls of the Company within the payables cycle _________________ properly designed and operating effectively and that there _________________ no material risks in this area of the Company’s balance sheet. 2. Direct speech: “We performed sufficient procedures noting no material issues.” Reported speech: PWC assured us that they __________________ sufficient procedures noting no material issues. 3. Direct speech: “Did you perform sufficient procedures to ensure that all subsequent events were properly disclosed and accounted for in the accompanying financial statements as at 31 December 2006?” Reported speech: We asked PWC if they ___________________ sufficient procedures to ensure that all subsequent events ___________________ properly disclosed and accounted for in the accompanying financial statements as at 31 December 2006. 24 4. Direct speech: “We performed our audit during the first few months of 2006, which gave us sufficient confidence about any material subsequent events that might have occurred after the yearend.” Reported speech: They explained to us that they ______________________ their audit during the first months of 2006, which ______________________ them sufficient confidence about any material subsequent events that might __________________after the yearend. 25 3. Word order Word order in positive English sentences is relatively fixed. (Time) Subject Verb (Indirect object) Object (Indirect object) Manner Place (Time) Many languages permit the placement of the object in front of the verb. English does not. Important note Verb + object: the object usually comes immediately after the verb. 26 Task: Each of the sentences below has a group of words incorrectly placed. Move them to the correct position in the sentence. 1. The Company only from time to time pays its invoices. 2. ABC plc will be obliged to include in its indemnification payment to XYZ plc the appropriate VAT. 3. Mr Koleso informed us that on 30 March and 31 March will be held a meeting between Ragamuffin and FGHJ, where documents regarding the establishment of the joint venture will be discussed. 4. Moreover, obliged to file a petition to declare bankruptcy are the members of the Company’s management board. 5. We reviewed during our discussion with Mr Smith the tax deductibility of the expenses. 6. We understand from our discussion with Mr Smith that the Company is charged by XYZ about €1,500,000 per annum. 7. The Company undertakes to pay for the use of the computer equipment €300 per hour. 8. The specific taxation treatment depends on the wording of the current CzechGerman Double Taxation Treaty, which enables to be taxed the capital gain from ownership interest in the Czech Republic. 27 4. Recommend and suggest The following sentence is incorrect. How many ways can you think of to correct it? We recommend to use ABC plc. 1. 2. 3. 4. 5. 6. 28 Accuracy Checklist Refer to this checklist when using SUGGEST and RECOMMEND. We recommend We suggest You might consider You should mightcould It is suggested It is (absolutely ) essential ... followed by J J J … X (a noun) J … do X ( J … to do X ( J J J J … you do X … you to do X J J J J … that you do X J J J J … that X be done J J J … doing X ( Notes on using suggest and recommend · Suggest and recommend in the active are never followed by to, eg: I recommend that you go. Not: “I recommend you to go.” · When using recommend in the passive, the infinitive form will follow, eg: I have been recommended to consult Ernst Young. 29 Task: Correct the mistakes in the sentences below. 1. We suggest to the Company creating a set of formal internal rules starting with the most important areas. 2. We recommend to the local management to check whether the registration has not already been filed by headquarters. 3. We would strongly recommend to the Company’s management to translate all the contracts into German to avoid any disputes with local authorities. 4. We recommend to the statutory representatives of the Company to obtain this tax registration statement as soon as possible. 5. We suggest to research the different financial instruments available on the market and use them in order to maximise the benefits of the available cash. 6. We suggest to use a spreadsheet package such as EXCEL to calculate foreign exchange rate differences. 7. We recommend that the Company is prepared to substantiate that the pricing method used corresponds with the arm’s length principle and that its purchase and sales pricing policy is fair and consistent. 8. We recommend the management to prohibit this treatment in order to ensure compliance with tax and accounting legislation. 9. We recommend to formulate a policy for the creation of a provision for slow moving and obsolete inventory. 30 IV: Production 31 1. Introductions Task: Give the following introductions a score of between one and ten where 1=poor and 10=excellent. Use the following criteria and be able to justify your opinion: · Does it capture the reader’s attention? · Does it tell the client what the letter is about? · Does it specifically identify previous contact with the client? · Is it clear and concise? · Does it avoid being just a formality? 1. Dear Mr White We would like to respond to your question which arose from our meeting of 21 October. 2. Dear Mr Black Further to our previous correspondence regarding the matter, we would like to inform you about the latest development of the situation. We believe that the situation is now clear enough to make conclusions and we are glad to provide you with several possible solutions. 3. Dear John In our last telephone conversation, we discussed Figaro’s intention to provide its employees with free coffee and chocolate. You explained that the employees would probably be given 500g chocolate and 500g coffee per month. The tax implications of this issue are considered below. 4. Dear Mr Green Further to your meeting yesterday with Mr Vlk and several officials in the city, we are writing now with our thoughts as to how Screen might best structure its activities in the Slovak Republic with the joint objectives of maximising its ability to recover input VAT charged by local suppliers of goods and services and by the Customs authorities on importation of goods from abroad, and minimising its exposure to Slovak corporate income taxes. 32 5. Dear Gina Further to our recent meeting, we set out below our comments on the practical and legal aspects of the potential sale of shares in Yellow Park Centre (YPC) by one of the shareholders Penguin International Building (PIB). 6. Dear Jack As we would like to keep you informed about the issues that may appear to be in your interest, please find below an overview of the response received from the Ministry of Finance to our request for confirmation of the VAT treatment of computer software. 7. Dear Freda We refer to your email of 11 January 2002. It is possible to transfer the ownership of the unbuilt yachts under Slovak law. 8. Dear Mr Scarlet Further to our meeting of 21 January 2002, we are pleased to provide you with our comments relating to the tax implications on the proposed changes of the group structure in Slovakia. 33 Task: Write introductions for the following situations, varying the introductory phrases as much as you can. 1. You received a letter on the first of this month from Ms. Rachel Wright, requesting information on the tax consequences of setting up a branch office of her company, MicroMax, in Slovakia. 2. Two days ago your colleague, Ján Klag, spoke on the phone to Michal Novak of NovaPak, who wanted to be advised about the resignation procedure for a member of the Board of Directors. On the same day, Novak sent a fax confirming the request, which Ján has passed to you to deal with. 3. You had a meeting on Friday of last week with Jane Hollander to discuss the various options for setting up an importexport business, trading in textiles, in the Netherlands. In order to take her plans forward you are sending her some forms which she needs to complete and send back to you by the end of this week. 34 2. Firming the conclusion Q: Given the background of the client’s situation and the analysis, what comes next? A: A concise interpretation of what should be done (a conclusion). The conclusion should be: ß clear, concise, effective ß a good reference point ß enable the client to make an informed decision choice ß easy to act on. Common ways to signal a conclusion In view of the above, In light of the above, Based on the above, Given the facts stated previously, Taking into consideration the alternatives various implications given, Considering the alternatives implications of X, Considering that (comes before premises) Taking into account that (comes before premises) We have come to the conclusion that We can conclude that We conclude, therefore, that Original: Referring to the above, the contract includes various services which are subject to various VAT rates. Thus, it is recommendable that each service be billed separately and the proper VAT be applied. Revised: Considering that the contracts mentioned above include various services which are subject to different VAT rates, we recommend that each service be billed separately and the proper VAT be applied. Original: Written contracts are a preventative measure against future disputes similar to those encountered in the past. We understand that the licensing contract between Smiles US and Smiles CR in respect of the trademark and trade name has not been concluded in writing. We recommend that this contract is concluded in writing. Revised: Given the fact that written contracts are a preventative measure against disputes, the trademark trade name licensing contract between Smiles US and Smiles CR should be concluded in writing. 35 Task: Read the concluding information below. Revise them and transform them into effective conclusions. You may need to add create premises. a) We stated several rules above concerning the tax residency status of expatriates working in the Czech Republic. As you can see, your tax planning ideas and their impact will depend on whether the individual becomes Czech taxresident or non taxresident. Tax nonresidency can be achieved if an individual is able to prove that he does not spend more than 183 days in a calendar year in the Czech Republic and he does not have a place of residence here. Of course you should keep in mind that all individual and economic circumstances have to be taken into account to avoid any general conclusions on this very general tax issue. b) As we stated in more detail above, it is possible to apply for investment incentives for a newly established entity. However, there is a risk that it would not be approved by the MOF and there is also the risk that it would be attacked by the Superior Controlling Office in the future. Technofrog can either establish a new entity or can apply for investment incentives for the expansion of existing production 36 V: Use of language 37 39 1. Plain English In groups, write simple sentences which retain the same overall meaning as the long sentences below. The new versions should be readable, with no jargon, and to the point. 1. It is of considerable importance for the author to bear in mind, in connection with the devising of a formal written document intended for information or persuasion, that the use of clarity in the selection of vocabulary and syntax will have a substantial influence on the relative ease of perusal by the intended recipient of the document, particularly in its association with the rapidity of interpretation and degree of comprehension. 2. Members of the public who are classified by the legal system as being incapable of caring for themselves because of their limited age should be aware that placing themselves on the public highway without another person of substantial age can be most precarious and hazardous to health and should be approached with a high degree of caution and awareness commensurate with the undertaking of the same. 3. I am responding to your recent written communication regarding an enhancement in your remuneration package outside the normal bounds of the company appraisal system and wish to inform you that your aforementioned request has been unsuccessful. 4. This change will allow us to better leverage our talent base in an area where the developmental roles are under way and strategically focuses us toward the upcoming business system transition where systems literacy and accuracy will be essential to maintain and to further improve service levels to our customer base going forward. What overall message can we take from this exercise? 40 2. The four Cs Our written communication should be: · concise Avoid being unnecessarily detailed or wordy text. · clear Use simple yet professional language. · coherent Make sure that ideas flow well and there is an overall logic. · comprehensible Preference is given to shorter sentences. 3. Six specific techniques to improve your writing style 1. Use the active, not the passive. 2. Use “active verbs” (not “we held a discussion concerning”, but “we discussed”). 3. Use verbs instead of noun phrases. 4. Leave out unnecessary words. 5. Avoid long sentences. 6. Avoid old language (quid pro quo, a priori, therein) The overall rule is ‘write as you speak’. This way, your message should get across clearly and concisely. 41 1. Active versus passive Look at these sentences: 1a) The manager restructured the compensation package and made bonuses possible. 1b) Bonuses were made possible when the compensation package was restructured by the manager. 2a) The reports must be filed by Tuesday. 2b) You must file the reports by Tuesday. Which do you prefer? What are the advantages of using the active voice? Use the passive voice: · to protect the person (diplomacy) · to stress the action rather than the person (procedures) · when the person is unknown. . Use the active voice in all other cases. 42 The active voice Task: Rewrite these sentences, replacing the passive voice with the active voice where appropriate. 1. The statement of the problem was set forth by the divisional director. 2. Avoidance of the problem should be sought. 3. It has been suggested that a review board be established by the finance department to oversee cash flow. 4. It is believed that an increase in profits over the last quarter would make bonuses a possibility this year. 5. Assignments were made without regard for the employees’ previous experience and existing responsibilities. 6. The final written summary was provided to you by email on 20 December 2003. 7. Goods for CZK 1.24 billion and a gross profit of nearly CZK 175 million were produced by the ZSNP Group in January 2000. 8. As requested by you, the column HBI of the balance sheet and profit and loss account of the consolidation package of the Company has been audited by us. 43 2. Active verbs Unlike many languages, English is a language that prefers verbs to nouns. Make changes to the following sentence to make it sound more “English’. We had a meeting with the client last week during which we had a discussion about his situation. Task: Make changes to the sentences below, if necessary. 1. The Company provides leasing of geological research and special mining equipment. 2. My client has reached the decision that if there is a continuation of your action in this manner the termination of the contract will be taken into consideration by her. 3. The commercial agent is entitled, on behalf of the interested party, to offer to deliver the goods to potential customers under the following conditions: 4. We need the board of directors to provide proof that they met on 18 November 2006. 5. Additionally, there is not enough information that would enable us to make a reliable estimate of the date of completion of the Year 2005 remediation plan. 6. The parties should take into consideration the different functions of the supplier and customer. 7. We will review and suggest amendments and changes to the contract on construction work that your firm will sign with the firm that will perform the building of your new factory. 8. Our tax advisory services will be provided under the supervision of John Smith, who will have the responsibility of being responsible for our tax advisory services to the Company. 44 3. Verbs instead of noun phrases Task: Rewrite these sentences, changing the noun phrases to verbs where possible. Make any other necessary changes. 1. The following conditions are determined by the Ministry for companies to take participation in the tender process. 2. This tool would enable local managers handling its activities more efficiently and faster reactions when facing unexpected economic results. 3. The compensation will be made at the reception of the invoices. 4. The company had a payment inability and therefore the bankruptcy proceedings started on 23 March 2006. 5. The sale of property by the bankruptcy administrator is in process. 6. There is an expectation that the bankruptcy proceedings will be at an end in the year 2008. 7. An official tender is currently in process of preparation. 45 4. Leave out unnecessary words Redundant words Task 1: Identify the redundancies in the sentence below. The consensus of opinion is that our advance planning was absolutely essential. Task 2: The words in italic below are unnecessary. Underline any that you use and eliminate them from your writing. Actual experience and etc. ask the question attached hereto at some later date basic fundamentals blendjoinmixmerge together final conclusion for a period of two weeks foreign imports goals and objectives collectcombine together completely filled consequent results continue on cooperate together enclosed herewith estimated to be about exact opposites few in number largesmall in size mutual cooperation one and the same past experience plan aheadfor the futurein advance reason is because recurrepeat again true facts potential risk risks and chances In the year 2007, … 46 Task: Delete the redundant words from the following sentences. 1. Finally, we found it slightly difficult to fill out the questionnaire. 2. Under points no. 2 and 3 below, we would like to specify our recommendations which could be, in our opinion, solved by XYZ in the future. 3. On the other hand, interest payment received under an interest rate swap should rather be included at the gross amount. 4. In the month of August we ascertained during the calculation process that source compensation information provided to us was not absolutely correct. 5. XYZ plc should be able to prove that the services charged in the year 2006 were actually provided at the invoiced amount and that the company really benefited from them. 6. If the foreign entity does not currently provide management services to ABC, the advertisement costs cannot simply be covered under this heading. 47 In the amount This phrase is extremely rare in English. In most cases it can be deleted completely. Sometimes we will need the phrase up to the value of (or similar). Improve the following sentences by making any necessary changes: 1. From 1 January to 7 September 2007, XYZ Bank realised capital gains from the sale of shares in the amount of approx. €4.5m, and capital losses of approximately €2.8m. 2. Bonds may be issued in the amount equal to as much as 50 per cent of the registered capital of the company. 3. The following individuals are the current partners and executives of this company: Mr Smith, residing at Husova 1, Prague, with a contribution in the amount of €34,000 being fully paid up. 4. If DEF breaches any obligations of the pledge agreement, a contractual penalty in the amount of €4.5m will become payable. 5. The credit agreement with ABC Bank was concluded on 2 March 2006 for the amount of €40m to finance the acquisition of the plant. 48 5. Avoid long sentences Techniques for dealing with overlong sentences: Rewrite Cut into shorter sentences Reduce number of words Use linking words Cut redundant words Task: Make the passages below easier to read by using any of the techniques discussed. 1. We believe it is necessary to consider the main features of both structures and mainly the facts and circumstances surrounded around the relevant countries, and it is crucial to properly distinguish between the two alternative structures as they involve different tax consequences in the Czech Republic. 2. Many employees do not participate in share option schemes. The reason for this is that the employees quite often do not understand the scheme rules and it is not clear to them how they may benefit from participating in the employer’s share scheme, and namely what is expected from them. 3. Notwithstanding the above said, we believe that if ABC Capital does not operate locally (i.e. its activities are not considered as business activities carried out on the territory of the Czech Republic), reclassification of loans to deposits does not pose any substantial risk with respect to potential violation of Czech banking legislation (for foreign exchange implications – see below). 4. The Real Estate Transfer Tax Act stipulates that the first real estate transfer for consideration or the first transfer of a new building which has been technically approved, or is under construction and has not been used yet, is tax exempt provided that the endorser (seller) is a natural person, who is registered in the Commercial Register or is a legal entity and the real estate transfer is made in connection with business activity. 5. Based on the wording of the Real Estate Transfer Tax Act, the tax administrator can conclude that the purpose of the Act was intended only for cases where the endorser provided a new building within the framework of his business activity, whose subject is construction activity or the sale and purchase of real estate and this new building is transferred in favour of a new proprietor. 49 4. George Orwell’s Golden Rules 1. Never use a long word where a short one will do. 2. If it is possible to cut a word out, always cut it out. 3. Never use the passive where you can use the active. 4. Never use a foreign phrase, scientific word or jargon word if you can think of an everyday English equivalent. Politics and the English Language, 1946 50 5. Principles of good writing LISTEN, LOOK, TOUCH 1 LISTEN · Try to develop a “writer’s ear” a sense of what your writing will sound like to the person reading it. · Try reading the letter aloud to yourself. · Have you missed out any information? · Have you explained things in the right order? · Are the most important points given appropriate emphasis? · Are there any words which the reader will not understand? · Is the tone right not too friendly or too formal? 2 LOOK · What impression will the letter make on the reader’s eye? · Short paragraphs are easier to read. · Short sentences are easier to read. · Short words are easier to read. · Split infinitives, faulty punctuation and grammatical mistakes give a bad impression. · The communication should give a confident impression. 3 TOUCH · Try to put your finger on what your client really wants to know. · Make the letter relevant to the client’s own situation. · Leave out unimportant information. · Quantify or give concrete examples to illustrate your explanations. · Anticipate your client’s questions and answer them. · Keep himher constantly in mind. 51 VI: Cohesion “The act or condition of sticking together” 52 1. Introduction Any form of written communication (ranging from sentence to paragraph to novel) is cohesive if it uses certain linguistic devices such as: · conjunctions · logical connectors · clear sentences limited to one idea · appropriate formatting · other features of noticeable organisation. The end result of a cohesive piece of writing is that it is easy to read and easy to refer back to. It makes complex ideas simple to understand. 53 2. The basics of punctuation Task 1: What are the following punctuation marks called? . , ? ’ ( ) “ ” ; : Task 2: Now match each punctuation mark with the appropriate use. 1. a question mark a. to end a sentence , a mild command or an indirect question 2. a full stop period b. used as a substitute for a full stop to indicate a relationship between two main clauses and in lists 3. quotation marks c. introduces sentence elements that explain, illustrate, or amplify earlier portions of a sentence 4. an apostrophe d. to end a direct question 5. an exclamation mark e. for emphasis; rarely used in business correspondence. 6. a colon f. indicates possession or a contraction 7. parentheses g. used to indicate that text is taken from another source; also used when introducing a new term. 8. a semicolon h. separate incidental information from the rest of a sentence 9. a comma i. used to separate the items in a list or to show where there is a slight pause in a sentence 54 3. Conjunctions Conjunction: a word that joins two clauses and The exchange rates were considered and the financial statement was amended. but We did the work but did not charge the client. so The work was done without charge so we could improve our relationship. that We are aware that the POA is no longer valid. because The penalty was not assessed because the contract forbade it. although We did not hire her although her CV was impressive. if We will inform you if we encounter any problems. Punctuation: Task 1: What punctuation is used in the sentences above? Task 2: Which of these sentences could have their parts rearranged? How would the punctuation differ? 55 Task: Find and correct the common errors in each of the sentences below. 1. Although the deadline for this year has passed you may wish to consider applying for next year. 2. If we require further information we will contact you immediately. 3. Although, the item was included in the agenda, it was not discussed. 4. I neither want to travel for nineteen hours on a bus, or do I want to stay in a seedy hotel whose restaurant serves bad food. 5. And please, remember that the deadline is 15 January. 6. Because we value your business we will give you a discount of 10%. 7. Please let us know, if you would like us to elaborate on the structuring implications. 8. We think, that the benefits far outweigh the risks involved. 56 4. Logical connectors Logical Connectors: words or phrases whose function is to show some logical relationship between two or more sentences. Using logical connectors properly is essential in the production of good writing. There are four major categories of logical connectors. The selection below highlights these four categories and the subcategories most frequently used in business writing. In groups, try to come up with examples for each subcategory. Addition Exemplification Clarification Additive ConflictContrast Concession Adversative Cause Reason Effect Result Condition Causal Chronological Summation Sequential Logical Connectors In addition, additionally, moreover, 57 Logical connectors placement Logical connectors can typically occur in three places 1. Clause initially 2. Clause medially 3. Clause finally (rarely used in business correspondence) Task: Complete the following. 1. When logical connectors are placed clause initially, what type of punctuation is typically used? Examples: What are the exceptions to this? 2. When placed clause medially, what type of punctuation is used? Examples: 58 Logical connectors – gap fill Task: Choose the most effective logical connector to fill in the blank. Pay attention to the punctuation in the sentence. 1. The redundancy programme operates within strict legal time periods _________ it is very important that you plan ahead for this. a) furthermore b) for instance c) nevertheless d) so 2. Penalties are imposed if deadlines are breached. __________ there is a chance that the deadlines can be renegotiated. a) Besides b) Therefore c) Nevertheless d) In view of this 3. I am sending you details of the changes in the laws about carrying losses forward or back __________ you can study them before our next meeting. a) so that b) in order to c) since d) for 4. The reduction of trade barriers will help to increase exports __________ it will also assist your competitors. a) despite b) in other words c) whereas d) although 5. It is worth considering the introduction of a new stock option plan _________ the old one is no longer so attractive to your senior managers. a) so that b) besides c) because d) whereas 6. Given the state of diplomatic relations with the country concerned, it may be illegal to enter into this agreement ____________ the provisions in it would be legal elsewhere. a) despite the fact that b) although c) consequently d) since 7. You will not be able to take legal action ____________ you can prove you have satisfactory grounds. a) while b) although c) in spite of d) unless 59 Logical connectors – error correction Task: Correct the examples below for punctuation errors. 1. Historically, the Czech Republic developed these two arrangements for employing foreign employees, on the other hand the implications arising are different and should be allocated correctly. 2. There is a risk that the Tax Authority will attempt to collect tax from the foreign artists, however we are not aware of any developments in this respect. 3. Therefore the French subsidiary will not have any expense in its accounting books, on the other hand their employees will realise taxable employment income. 4. We believe that the employee should not be involved in calculating a simple estimate of the withholding taxes required, first the employee may not be able to do so, and also in our proposed scenario the employee will be required to file his personal income tax return. 5. The purpose of the reporting duty is primarily statistical, therefore, compliance will not affect the rights of the entities participating in the scheme. 6. Domestic law does not provide a precise distinction between the two structures however the Ministry of Finance issued regulations which contain certain guidelines to be followed. 60 5. Runon sentences A sentence that has too many subjects or verbs and is connected incorrectly is called a ‘runon sentence. Example of a runon sentence: We have completed five interviews, each interview took one hour and was based on our special Best Practice questionnaire. This example is actually two sentences joined together without a conjunction, i.e. 1. We have completed five interviews, 2. each interview took one hour and was based on our special ‘Best Practice’ questionnaire. To correct runon sentences, use: · conjunctions · punctuation (e.g. full stops) · other (depends on the sentence). Task: Correct these runon sentences. 1. I wrote the report, Mary spent a lot of time reviewing it for me. 2. You could go to the Italian Alps for Christmas, I doubt you’d find much snow there at that time of year. 3. Jason said he couldn’t come to dinner, he needed to stay in the office and work. 4. I’ve read that book, it’s very interesting and well worth reading. 5. The highway was under construction, we had to take a different route to work. Remember short sentences are generally better than long ones. 61 Task: Using punctuation and conjunctions, correct the long andor runon sentences. 1. The Company has 351 of its own employees, the average count for the sixmonth period in 2007 was 335. 2. Other financial income in 2005 includes in particular the settlement of the provision for exchange rate losses, other financial expenses in 2006 include primarily the creation of this provision. 3. The potential payment could come to approximately €18m, legal proceedings have not concluded as at the date of our report and no reserve had been recorded as at 30 June 2006. 4. Thank you very much for all you have done for me regarding this meeting, I’m very grateful to you. 5. There are also a number of large investment funds waiting to open, whose share prices have shown very good capital returns during 2005 and 2006, the main ones are managed by ABC Bank and XYZ Trust. 6. We completed the report, we are still waiting for final approval. 7. I finally contacted the vendor, he had been on holiday. 62 6. A few more tips Subclause inserts · We agreed, in spite of the risks, to take part in the joint venture. · The structure is, in our opinion, feasible from the British tax perspective. Enclose these “side comments” in commas. Please · Please refer to section 6 above. · Please send this POA to him. · Please make an attempt to keep accurate records. · Please don’t use a comma after please. We do not use a comma after please in English. That · Please note that your accounts do not follow International Accounting Standards. · I believe that you understand what I mean. · We understand that the director has fled to Switzerland with all the money. There is no comma before that in English. 63 VII: Articles 64 1. Introduction Complete these two sentences with the correct articles. My brother lives in _______ house in London. _______ house is in Wimbledon. What are the names of the articles? Why do speakers use them? Are they important? A Czech lawyer wrote to his client: Under Czech law, the contract is not valid unless it is signed. instead of: Under Czech law, a contract is not valid unless it is signed. How might the client be confused or misled? Articles are used with nouns. Nouns can be divided into two main groups. What are they? Can you give some examples? 65 2. The noun approach Common nouns The use of articles with common nouns depends on the context. Can you explain why each article is used in the following six sentences? 1. Did you go to the pub yesterday? 2. We went to a great pub in Prague. 3. The sun rises in the east and sets in the west. 4. Could I borrow a pen? 5. The house is in Wimbledon. 6. Got a light? Proper nouns The use of articles with proper nouns does not generally depend on the context, ie, we can learn the correct article and use it in all contexts J 66 3. Proper nouns useful rules 1) Acts Sections Accounts with number, no article e.g. deposited on account 544, referring to section 45 (2) 2) Acts without number, with article e.g. the VAT Act 3) Gerund phrase turned noun Developing a clear plan is time consuming The development of a clear plan is... 4) Company names No article unless included in their official name e.g. Microsoft 5) Corporations and Groups The is used e.g. the Microsoft Corporation 6) Abbreviations that are spelt out The is used e.g. the EU, the OECD, the CNB Exception: When the abbreviation is the name of a company e.g. KPMG, VSZ 7) Abbreviations that are read as a word – no article e.g. UNICEF, NATO 67 DEFINITE COMMON NOUNS We know which one We spoke about it before There is only one ( the head of tax) Postnoun modification (information comes after the noun which helps the listener identify it) i.e. The advantages of having a laptop are X, Y and Z.) INDEFINITE COMMON NOUNS We don’t know exactly which one (yet) It doesn’t matter which one (any) (i.e. I want a glass of water.) DEFINITE examples NOT DEFINITE examples Typically there is no article used. However, there are many exceptions to this 68 DEFINITE COMMON NOUNS We know which one We spoke about it before There is only one ( the head of tax) Postnoun modification (information comes after the noun which helps the listener identify it) i.e. The advantages of having a laptop are X, Y and Z.) INDEFINITE COMMON NOUNS We don’t know exactly which one (yet) It doesn’t matter which one (any) (i.e. I want a glass of water.) DEFINITE examples the Please take the Cigna file to the meeting. Is there any coffee in the kitchen? the The advantages of the merger far outweigh the risks. The evaluations you asked for aren’t finished. the I’ve already done the homework. Please bring me the information I asked for. NOT DEFINITE examples aan You should consider choosing an Ltd. for your company’s legal form. I don’t have a problem with it. Some, any , 0 You need to buy some drinks. (0)Clients are important. 0, some, any Do we have any homework? I need some fresh air. 0Watching TV isn’t good for you. NOUNS Common Proper COUNTABLE UNCOUNTABLE SINGULAR PLURAL Typically there is no article used. However, there are many exceptions to this 69 Countries The majority of countries do not take an article before their name (e.g. France, Germany) but there are three categories which do. Category 1 – where “the” is part of the country name. (two examples) Category 2 – where the country name includes a noun relating to the political structure of the country. (six examples) Category 3 – where a named region existed before the political country existed. (three examples) 70 4. Articles with countable and uncountable nouns Task: Complete the following sentences using the indefinite article, the definite article, the zero article or some other modifier (i.e. many, several, etc.) I’m sorry I’m late. I was in …. meeting. What time does …. meeting start? He’s not here. I’m afraid he’s gone to …. meeting. …. meetings are a waste of time. We’ve had …. meetings with our client on this issue. We’ve scheduled …. series of meetings with the tax authorities for next week. Task: Fill in the gaps below The only …. advice I ever give is don’t listen to my …. advice This client doesn’t like …. advice we gave him. He wants us to give him …. advice, but he doesn’t want to pay for it. …. advice does not come cheaply. …. advice we offered was accepted without reservation. 71 Uncountable nouns Uncountable nouns, which are always singular, can be used without any article or determiner. Or, they can be used with the. For example, “Productivity is increasing.” Or, “Knowledge is power.” Productivity and knowledge are uncountable nouns and can be used without any article or other determiner. Note that we cannot say either “a productivity” or “productivities,” because “productivity” is an uncountable noun. The concepts singular and plural do not apply to uncountable nouns. An uncountable noun cannot be plural; it is always singular. Indefinite articles (aan) are never used with the plural form of countable nouns. Indefinite articles are never used with uncountable nouns. (There are exceptions) Uncountable nouns cannot be plural. It is very important to know whether a noun is countable or uncountable. Countable nouns Countable nouns are generally for things that can be counted. They naturally occur as countable units, e.g. a personpeople. It is easy to identify one person or two people. Summary of article options for different classes of nouns 1. Singular countable: aan; the 2. Plural countable: no articlethe 3. Singular, uncountable: no articlethe 4. Other determiners can also be used. 72 Task: Look at these words; if they are countable nouns, put “a” or “an” in front of them; if they are uncountable nouns, put a dash. 1. a dog 13. profit 2. pollution 14. legislation 3. computer 15. job 4. advice 16. work 5. information 17. productivity 6. software 18. cash 7. trip 19. problem 8. law 20. currency 9. research 21. market 10. trouble 22. travel 11. tax 23. litigation 12. taxation 24. homework 13. staff 25. personnel How can we write about one of the uncountable nouns in the exercise above? 73 5. Common errors Question: What is wrong with these sentences? 1. Main difference between our assessment of the required provision and the Bank’s is that we take into account the worsening situation in the Turkish economy. 2. Letter of credit is fully collateralised by a cash deposit. 3. Structure of term deposits is as follows: 4. Company is bankrupt and the Bank is in the process of executing the collateral. 5. Balance relates to the maintenance of cars. 6. Rest of the remuneration should be stated in the Employment Agreement as a salary. Question: What is wrong with these sentence fragments? 1. Based on the yesterday’s discussion with Mr X, we have … 2. Under the Deutsche Telekom’s Company Pension Plan, … Task: Find the common mistake in these sentences. 1. Michael also asked other EY offices for an advice in this respect. 2. Under Treaty, tax residency of an individual who is a tax resident in both countries is determined in following way. 3. Possible solution might be for XYX Austria to finance the events. 4. Please find attached the copy of the engagement letter. 5. The Company has created a legal reserve fund as stated in Act on Supplementary Insurance. 6. The approval from Ministry of Work and Social Affairs was obtained on 16 September 1997. 7. The Company was established on 3 June 1996 by following companies: 8. On 2 June 2001, the auditor issued an opinion on the financial statements prepared according to the Czech GAAP. 74 6. Articles test Add articles as necessary: Who was Beethoven? What did he do? _____ tourist in Vienna was going through _____ graveyard, when all of a sudden he heard __________music. There were no other people around, so he started searching for ________source. He finally located _________origin and found that it was coming from _______grave with _________headstone that read: Ludwig van Beethoven17701827. Then he realized that _____music was _______ Ninth Symphony and it was being played backward Confused, he left _______graveyard and persuaded _______friend to return with him. By the time they arrived back at _______grave, _______music had changed. This time it was _______ Seventh Symphony, but like the previous piece, it was being played backward. Curious, the men agreed to consult_______music scholar. When they returned with _______scholar, _______Fifth Symphony was playing, again backward. _______scholar noticed that the symphonies were being played in the reverse order in which they had been composed, _____9th, then _______7th, then _______5th. By the next day, word had spread and _______crowd had gathered around _______grave. They were all listening to _______Second Symphony being played backward. Just then _______graveyard’s caretaker walked up to _______group. Someone in _______crowd asked him if he had _______explanation for _______music. “Don’t you get it?” _______caretaker asked incredulously. Beethoven is ___________________. 75 VIII: Common mistakes 76 1. Common vocabulary problems Each sentence below contains one common vocabulary mistake. Can you identify the mistake in each case and correct the sentence? 1. The documents were filed in the Company’s evidence on 31 December 2006. 2. The Company filed an insurance claim for the technology that was stolen last month. 3. Please deliver the completed form to our personal department. 4. We will need other meeting before we can finalise the report. 5. The Company has own internal audit department. 6. For more information on EY’s mobile phone regulation, please refer to our intranet. 7. ABC plc has three daughter companies in the Netherlands. 77 Evidencerecords ‘Evidence’ in many European languages does not mean ‘evidence’ in English. It is usually best translated as ‘record(s)’ or possibly ‘files’. ‘Evidence’ in English is something that tends to prove or disprove a fact. It is usually used in a legal context to talk about documents or testimony of witnesses used in court proceedings. It can be used in auditing to mean information taken from records and used to support an opinion or conclusion. Mary is very intelligent. Oh, really? What evidence of that do you have? Technologyequipment ‘Technology’ is an uncountable noun that refers to mechanisms, techniques or procedures in general, e.g. ‘advances in medical technology’ or ‘the technology of computers.’ ‘Equipment’ is an uncountable noun that refers to actual things, e.g. tools, devices, machines, or appliances that may be used in an office or factory to assist in the production of work product. Such things as computers, telephones, copy machines, an

Effective business writing for Tax

I: Introduction 3

1 Why is written communication at Ernst & Young so important? 4

2 Why am I on this course? 5

3 Course aims 6

4 Structuring letters 7

II: The writing process 9

1 The main steps 10

III: Grammar review 19

1 Present perfect simple vs past simple 20

2 Direct and reported speech 22

3 Word order 25

4 Recommend and suggest 27

IV: Production 30

1 Introductions 31

2 Firming the conclusion 34

V: Use of language 36

1 Plain English 39

2 The four Cs 40

3 Six specific techniques to improve your writing style 40

4 George Orwell’s Golden Rules 49

5 Principles of good writing - LISTEN, LOOK, TOUCH 50

VI: Cohesion 51

1 Introduction 52

2 The basics of punctuation 53

3 Conjunctions 54

4 Logical connectors 56

5 Run-on sentences 60

6 A few more tips 62

VII: Articles 63

1 Introduction 64

2 The noun approach 65

3 Proper nouns - useful rules 66

4 Articles with countable and uncountable nouns 70

5 Common errors 73

6 Articles test 74

VIII: Common mistakes 75

1 Common vocabulary problems 76

2 Rise / raise / arise 79

3 Describing time spans and limitations: until / by 81

4 Risk and exist 83

5 Funny adjectives 84

IX: Grammar reference 85

1 Past perfect 86

I: Introduction

1 Why is written communication at Ernst & Young so important?

What forms of written communication might EY people produce?

Why might we produce this material?

2 Why am I on this course?

My writing skills are already very strong So why am I here?

We spend time developing writing skills because:

· so much of our output is in writing

· people rely on our advice to make important decisions

· our letters are visible and permanent

· clients pay a lot of money for them

Even native speakers of English receive courses at EY to improve their written English Indeed, some of the material here is based on a course given to people in the London office

People with good English writing skills spend less time rewriting documents and,

therefore, leave the office earlier J

Good writing skills are crucial

They can always be improved

3 Course aims

This course will not teach you to write

What it will do is provide you with advice and techniques to improve the writing skills you already have

We will focus on the following areas:

6 Reducing errors in certain areas

7 Eliminating errors in certain areas

4 Structuring letters

Quickly review the letter below

Task 1: What is the purpose of the letter?

Task 2: What is the basic structure of the letter?

Dear Mr Jones,

Taxation of interest free loans

Referring to your telephone conversation of 21 January 2002 with Peter Chrenko, we are pleased to provide you with our comments on the draft of the Loan Contract concluded between ABC CR s.r.o (“ABC”) and its parent company, American ABC (“American ABC”)

Background

We were provided with a copy of the draft of the Loan Contract agreed between ABC and American ABC We understand that the Loan Contract stipulates the conditions under which American ABC provided a loan of USD 3,000,000 to its Czech subsidiary

The question arises of whether the contract meets the conditions outlined in our letter dated 12 January 1999 If those conditions are met, then the loan may be treated as a form of equity contribution for the purposes of Czech gift tax The interest free loan would, therefore, not be subject to gift tax on the interest saved

Legal analysis

As outlined in our previous correspondence, there might be an exemption to the rule that the provision of an interest free loan to a Czech subsidiary represents a proprietary benefit which bears gift tax exposure in the Czech Republic

Section 658 of the Czech Civil Code allows contractual parties to agree on no interest on cash borrowings According to a recent opinion of the Ministry of Finance, loans provided

The Loan Contract review

We have reviewed the draft of the Loan Contract which you provided The wording of the draft has all of the conditions necessary to meet the criteria outlined above for the loan

to be treated as an equity contribution for the purpose of Czech gift tax We believe that

if the original of the Loan Contract has the same wording, the provision of the loan would bear only limited exposure for gift tax

Please note that this opinion is based on the current interpretation of the Ministry of Finance, which is not legally binding There were cases in the past when the Financial Authorities raised assessments for gift tax in similar circumstances However, a loan agreement drawn up under Section 658 of the Civil Code should be sufficient support for arguing against any attempt by the Financial Authorities to seek gift tax on the interest saved Should the Financial Authorities assess gift tax for ABC in this respect, the

Ministry of Finance is entitled to waive the tax and penalty assessed

Conclusion

The existing wording of the Loan Contract provided to us should be, in our view, sufficient

to minimise the exposure of gift tax for ABC on the interest saved

Nevertheless, there is still a minor risk that the Financial Authorities might issue an assessment for gift tax on the interest saved if they have a different opinion than that of the Ministry of Finance To avoid this, we would recommend that this debt be capitalised into registered equity as soon as possible Please note that this should happen in the form of a decision of the General Meeting on the increase of registered equity in-kind

If you have any questions regarding the above, please do not hesitate to contact us Yours sincerely,

II: The writing process

1 The main steps

Good writing takes time (and lots of practice) It pays to follow these steps:

· Reason for writing

· Language to be used: requesting, complaining, informing, recommending,

proposing, etc

· Format: letter, e-mail, report, etc

· Layout: formal letter conventions, paragraphs, titles, etc

· Register: the style of language used For example, when would you use the

following?

- promotional

- dry and factual

- friendly and informal

- formal

- very technical or avoiding all unnecessary technicality

- using EY jargon or not

- complex and detailed or as simple as possible

Take time, however briefly, to think about these issues before you write

Planning role play

You are going to write on the same topic to two different target readers: a client and a colleague you know

What difference does the identity of the reader make?

B Outline

Decide what you are going to write and how your message will be organized

An outline BRIEFLY summarizes the

· content and

· organisation

of your written communication

The organisation should be logical and appropriate for the content

Discussion questions:

1 Do you always write an outline before writing?

2 Why write an outline?

Practice

A partner has asked you for a memo giving your opinion about the training for new audit staff members in Amsterdam Isn't the training just a two-week drinks’ party? Is it really

of value? Should the firm send new staff to Amsterdam for training?

Task: Write an outline of your memo

Use this method:

List

Categorise

Arrange

Filling-in-the-form method

Outline Form

1 Heading

2 Introduction

Reference to previous contact: With reference to your e-mail of …

Statement of what will be in the letter:…we are pleased to provide you with comments on the tax treatment of …

3 Background

Our understanding:

Basis of the analysis below (What you asked us to do, i.e purpose of the letter):

The question arises as to whether the ………(possibly repeat client’s request)…

C Write

Completely express your message in writing

In this step, you actually write the document Completely express your thoughts in writing in an organized way according to your outline

Check list

· Is your message complete?

· Is your message clearly stated?

· Is it clearly organized?

· Will your reader be able to understand what you wrote?

· Are any changes necessary? If so, make those necessary changes now

VAT treatment

According to the Czech VAT Act, only the taxable supply provided in the territory of the CR is subject to Czech VAT When considering advertising services, the place of taxable supply is

deemed to be the place where the services are actually performed

In this particular situation, the place of taxable supply in respect of the advertising services is France Therefore, the performance of advertising services by the agency for ABC in France is not subject to Czech VAT Therefore, the agency should not charge any VAT to your company for these services

Recommendation

As mentioned above, the agency is not entitled to charge any VAT on the advertising services provided to ABC in France Hence, ABC is not obliged to pay this VAT Therefore, we would

recommend claiming back the amount of VAT already paid from the agency

The ultimate cost of VAT will not be borne by the agency as it can file a supplementary VAT tax return in respect of its lower tax liability and the VAT overpayment will be refunded by the Czech Financial Authorities As a result, the VAT paid will not represent a cost to either ABC or the agency

The Czech VAT Act stipulates that a taxpayer (i.e the agency) cannot claim back VAT incorrectly charged at a higher rate (i.e the overpayment) However, this provision cannot be applied to your case as it only relates to taxable supplies which are subject to VAT As mentioned above, the performance of advertising services outside the CR is not subject to Czech VAT

Task 1: What is the basic structure of the letter?

Task 2: What is missing from the letter?

Task 3: Where would you insert the missing section?

Task 4: Write the appropriate section below:

E Review (proofread)

At this point, you should no longer think about what you wrote (content), how you wrote

it (language) or the organization These aspects of the document should be completed

in the editing phase

The proofreading phase is ONLY for:

· spelling

· format

· grammar

· punctuation

All of the details of the document are as they should be There are NO mistakes Good

business writing should be perfect and free of errors Use a dictionary if you are not sure

how to spell words Although they can be helpful, do not rely on Microsoft Word

grammar check and spell check

Typing errors – beware!

III: Grammar review

1 Present perfect simple vs past simple

· Why is the present perfect used in each sentence?

· Could we use the continuous?

· If so, is there a change in meaning?

1 He has lived in the Czech Republic for ten years

2 I have just finished the report

3 I have been to America twice

Task: Correct the typical mistakes made in these sentences

1 Two years ago we have advised him to use the aggressive tax approach

2 During 2002 the company has signed a contract with a Russian customer to sell the production line producing nuclear fuel containers

3 (Talking to your ex-pat colleague who lives in Frankfurt) How long are you in Germany?

4 (Written in the covering letter with an invoice) Although the project was very complicated and time consuming, we decided to provide you with a discount of over

40 per cent from our customary fees

5 Based on our inquiries with the Commercial Register, the following changes were entered since the day of incorporation:

6 The Founding Agreement has been executed last week

2 Direct and reported speech

Task: Complete the table below, assuming that all of the indirect speech takes place the

next day

a) John: “You look nice.”

b) Jane: “I’m learning French.”

c) He: “I’ve forgotten to do it.”

d) The receptionist: “The client phoned.”

e) You (the student): “I can’t swim.”

f) The teacher: “I could swim when I was younger.”

Reported speech exercise

The following statements were made during an interview with PWC employees during a working papers review The next week, our employee rewrote the statements Fill in the missing verbs in the “reported speech” sentences

1 Direct speech:

“The internal controls of the Company within the payables cycle are properly designed and operating effectively and there are no material risks in this area of the Company’s balance sheet.”

Reported speech:

PWC concluded that the internal controls of the Company within the payables cycle

_ properly designed and operating effectively and that there _ no material risks in this area of the Company’s balance sheet

“Did you perform sufficient procedures to ensure that all subsequent events were

properly disclosed and accounted for in the accompanying financial statements as at 31 December 2006?”

Reported speech:

We asked PWC if they _ sufficient procedures to ensure that all

subsequent events _ properly disclosed and accounted for in the

accompanying financial statements as at 31 December 2006

4 Direct speech:

“We performed our audit during the first few months of 2006, which gave us sufficient confidence about any material subsequent events that might have occurred after the year-end.”

Reported speech:

They explained to us that they their audit during the first months

of 2006, which them sufficient confidence about any material subsequent events that might after the year-end

Task: Each of the sentences below has a group of words incorrectly placed Move them

to the correct position in the sentence

1 The Company only from time to time pays its invoices

2 ABC plc will be obliged to include in its indemnification payment to XYZ plc the

appropriate VAT

3 Mr Koleso informed us that on 30 March and 31 March will be held a meeting between Ragamuffin and FGHJ, where documents regarding the establishment of the joint venture will be discussed

4 Moreover, obliged to file a petition to declare bankruptcy are the members of the Company’s management board

5 We reviewed during our discussion with Mr Smith the tax deductibility of the

4 Recommend and suggest

The following sentence is incorrect How many ways can you think of to correct it?

*We recommend to use ABC plc

You might consider

You should/

might/could

It is suggested

It is (absolutely) essential

Notes on using suggest and recommend

· Suggest and recommend in the active are never followed by to, eg:

I recommend that you go

Not: “I recommend you to go.”

· When using recommend in the passive, the infinitive form will follow, eg:

Task: Correct the mistakes in the sentences below

1 We suggest to the Company creating a set of formal internal rules starting with the most important areas

2 We recommend to the local management to check whether the registration has not already been filed by headquarters

3 We would strongly recommend to the Company’s management to translate all the contracts into German to avoid any disputes with local authorities

4 We recommend to the statutory representatives of the Company to obtain this tax registration statement as soon as possible

5 We suggest to research the different financial instruments available on the market and use them in order to maximise the benefits of the available cash

6 We suggest to use a spreadsheet package such as EXCEL to calculate foreign

exchange rate differences

7 We recommend that the Company is prepared to substantiate that the pricing method used corresponds with the arm’s length principle and that its purchase and sales pricing policy is fair and consistent

8 We recommend the management to prohibit this treatment in order to ensure

compliance with tax and accounting legislation

9 We recommend to formulate a policy for the creation of a provision for slow moving

IV: Production

1 Introductions

Task: Give the following introductions a score of between one and ten where 1=poor and

10=excellent Use the following criteria and be able to justify your opinion:

· Does it capture the reader’s attention?

· Does it tell the client what the letter is about?

· Does it specifically identify previous contact with the client?

· Is it clear and concise?

· Does it avoid being just a formality?

Dear John

In our last telephone conversation, we discussed Figaro’s intention to provide its

employees with free coffee and chocolate You explained that the employees would probably be given 500g chocolate and 500g coffee per month The tax implications of this issue are considered below

4

Dear Mr Green

Further to your meeting yesterday with Mr Vlk and several officials in the city, we are

Task: Write introductions for the following situations, varying the introductory phrases

as much as you can

1 You received a letter on the first of this month from Ms Rachel Wright, requesting information on the tax consequences of setting up a branch office of her company, MicroMax, in Slovakia

2 Two days ago your colleague, Ján Klag, spoke on the phone to Michal Novak of Nova-Pak, who wanted to be advised about the resignation procedure for a member

of the Board of Directors On the same day, Novak sent a fax confirming the

request, which Ján has passed to you to deal with

3 You had a meeting on Friday of last week with Jane Hollander to discuss the various options for setting up an import-export business, trading in textiles, in the

Netherlands In order to take her plans forward you are sending her some forms which she needs to complete and send back to you by the end of this week

2 Firming the conclusion

Q: Given the background of the client’s situation and the analysis, what comes next? A: A concise interpretation of what should be done (a conclusion)

The conclusion should be:

§ clear, concise, effective

§ a good reference point

§ enable the client to make an informed decision / choice

§ easy to act on

Common ways to signal a conclusion

In view of the above,

In light of the above,

Based on the above,

Given the facts stated previously,

Taking into consideration the alternatives / various implications given,

Considering the alternatives / implications of X,

Considering that (comes before premises)

Taking into account that (comes before premises)

We have come to the conclusion that

We can conclude that

We conclude, therefore, that

Original:

Referring to the above, the contract includes various services which are subject to various VAT rates Thus, it is recommendable that each service be billed separately and the proper VAT be applied

Revised:

Considering that the contracts mentioned above include various services which are subject to different VAT rates, we recommend that each service be billed separately and the proper VAT be applied

Original:

Written contracts are a preventative measure against future disputes similar to those

Task: Read the concluding information below Revise them and transform them into

effective conclusions You may need to add / create premises

a) We stated several rules above concerning the tax residency status of expatriates

working in the Czech Republic As you can see, your tax planning ideas and their impact will depend on whether the individual becomes Czech tax-resident or non tax-resident Tax non-residency can be achieved if an individual is able to prove that he does not spend more than 183 days in a calendar year in the Czech Republic and he does not have a place of residence here Of course you should keep in mind that all individual and

economic circumstances have to be taken into account to avoid any general conclusions

on this very general tax issue

b) As we stated in more detail above, it is possible to apply for investment incentives for

a newly established entity However, there is a risk that it would not be approved by the MOF and there is also the risk that it would be attacked by the Superior Controlling Office

in the future Technofrog can either establish a new entity or can apply for investment incentives for the expansion of existing production

V: Use of language

1 Plain English

In groups, write simple sentences which retain the same overall meaning as the long sentences below The new versions should be readable, with no jargon, and

to the point

1 It is of considerable importance for the author to bear in mind, in

connection with the devising of a formal written document intended for information or persuasion, that the use of clarity in the selection of

vocabulary and syntax will have a substantial influence on the relative ease of perusal by the intended recipient of the document, particularly in its association with the rapidity of interpretation and degree of

comprehension

2 Members of the public who are classified by the legal system as being incapable of caring for themselves because of their limited age should be aware that placing themselves on the public highway without another person of substantial age can be most precarious and hazardous to health and should be approached with a high degree of caution and awareness commensurate with the undertaking of the same

3 I am responding to your recent written communication regarding an enhancement in your remuneration package outside the normal bounds of the company appraisal system and wish to inform you that your

aforementioned request has been unsuccessful

4 This change will allow us to better leverage our talent base in an area where the developmental roles are under way and strategically focuses us toward the upcoming business system transition where systems literacy