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Test Code : CPA-REG
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CPP-Institue CPP-Institue CPA Regulation

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CPA-REG exam Dumps Source : CPA Regulation

Test Code : CPA-REG
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: 69 true Questions

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CPA Regulation

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Irda clarifies implementation of compulsory personal accident (cpa) insurance for owner drivers | killexams.com true questions and Pass4sure dumps

Introduction

The Insurance Regulatory evolution Authority of India (IRDAI) has issued a circular ref. IRDAI/NL/CIR//MOTP/170/10/2018 dated 9 October 2018 (Revised Circular) providing certain clarifications regarding the implementation of Compulsory Personal Accident (CPA) insurance for owner drivers. The Revised Circular has been issued in light of complaints and communications received from various stakeholders regarding certain aspects of implementation of CPA insurance for owner drivers, the background to which is elucidated below.

  • Background
  • Supreme Court Order dated 20 July 2018 in Writ Petition(s)(Civil) No(s). 295/2012 (SC Order)
  • With the intent of providing compensation by route of third-party insurance cover to victims of accidents, including those who gain died and their legal representatives, the Supreme Court Committee on Road Safety, held particular discussions with, inter alia, the IRDAI, in a meeting dated 26 March 2018.

    Pursuant to the aforesaid meeting, it was decided to do it mandatory for every solitary common Insurance Companies (GICs) to issue a three-year third-party insurance cover for recent cars and five-year third-party insurance cover for recent two wheelers. As per the SC Order, this third-party insurance may subsist taken as a separate product. The SC order also left it up to the insurance companies to deal with ‘comprehensive insurance policies’ (which includes own damage cover, third party risk cover, personal accident cover for owner-driver, etc) on a separate footing. Further, the SC Order clearly specified that it would subsist up to the owner of the vehicle to settle which policy should subsist taken, except that the third-party insurance is mandatory as per the Motor Vehicles Act, 1988.

  • IRDAI circular dated 28 August 2018 (Ref No IRDAI/NL/CIR/MOT/ 137/08/2018) (Circular dated 28 August 2018)
  • To comply with the SC Order, the IRDAI published the Circular dated 28 August 2018, by which every solitary GICs were given certain directions in respect of motor third party insurance covers for recent cars and recent two-wheelers with consequence from 1 September 2018.

    The Circular dated 28 August 2018 stated that after the introduction of the long term motor third party insurance for recent cars and recent two-wheelers, an insured may subsist given the following two options:

    “Long-term Package cover offering both Motor Third Party Insurance and Own Damage insurance for three years or five years as the case may be; or

    A bundled cover with a three-year or five-year term (as applicable) for the third-party component and a one-year term for the Own Damage.”

  • Madras lofty Court order dated 26 October 2018 in Civil varied Appeal No 1428 of 2017 (Madras HC Order)
  • With a view to protect the owner of a vehicle who sustains corporeal injury or dies in a motor accident due to his or her own negligence, and further to provide adequate compensation to the owner of the vehicle or his or her family members, the Madras HC Order recently directed the IRDAI to, inter alia, enhance the CPA cover, i.e. the Capital Sum Insured (CSI), from the existing INR 1,00,000 to at least not less than INR 15,00,000. Further, the HC Order clarified that before enhancing the premium under the CPA cover, IRDAI shall consult every solitary stake holders. It is pertinent to note that common Regulation (GR) 36 of the India Motor Tariff (IMT) mandates GICs carrying on motor insurance commerce to provide CPA cover for owner-drivers.

  • IRDAI circular dated 20 September 2018 (Ref No IRDAI/NL/CIR/MOTP/158/09/2018) (Circular dated 20 September 2018)
  • To comply with the Madras HC Order, the IRDAI published the Circular dated 20 September 2018 which directed, inter alia, that a minimum CSI of INR 15,00,000 shall subsist provided under CPA cover for owner-driver under Liability Only, under Section lll of Package Policies to every solitary classes of vehicles and Bundled Covers wherever applicable at the premium rate of INR 750per annum for annual policy.

    The directions issued in the Circulars dated 28 August 2018 and 20 September 2018, gave ascend to, inter alia, the following issues:

  • The mandatory nature of the SC Order is limited to the extent of third-party insurance only, and does not do it mandatory to obtain a CPA cover for five years;
  • By route of the Circular dated 20 September 2018, on the premise of mandatory third-party risk cover, the insurance premium has been worked out and optional covers such as own damage and personal accident covers gain been made mandatory;
  • Insurers were offering owner-drivers only long-term CPA policy along with long-term third-party policy, and were not giving the option of one-year CPA cover;
  • The Circular dated 20 September 2018 created fight in the matter of CPA, when the SC Order left the comprehensive cover an optional insurance cover, except third party risk cover;
  • The enhancement of premium to INR 750 per annum for every solitary classes of vehicles for CPA may not subsist justified as two-wheelers are of relatively lower in price as compared to other category vehicles;
  • The identical plane of insurance premium against accidents both for a two-wheeler and a high-end passenger car is discriminatory in nature;
  • The Circular dated 20 September 2018 has directed to fix a premium of INR 750 per annum for CPA; however, in exercise the identical may lead to unfair competition among insurance companies, who may indulge in variable premium offers to customers;
  • The Circular dated 20 September 2018 almost coincides with the implementation of the SC Order, resulting in significant price repercussion for the customer; and
  • The IRDAI had not consulted various apropos stakeholders, before issuing the Circular dated 20 September 2018.
  • Clarification issued by Revised Circular
  • In view of the various complaints received by stakeholders, the Revised Circular pointed out that insurers were offering only the long term CPA policy for recent cars and recent two-wheelers along with the mandatory long-term third-party policy. However, it was clarified that it was the choice of the owner driver to opt for a one-year CPA cover or long-term CPA cover and insurers should not impose upon owner-drivers the long-term package policy or long-term CPA cover. Accordingly, every solitary insurers were directed to ensure that they necessarily present the choice of one year CPA cover to an owner driver. 

    Comment

    By clarifying that owner drivers are entitled to select a CPA cover of one year and that the long term CPA cover is not mandatory, the Revised Circular has provided significant relief to the stakeholders. However, several other issues pertaining to the IRDAI circulars, including the ones stated above, are yet to subsist addressed. In this regard, it is crucial for stakeholders to subsist alert that as per the court orders, IRDAI is required to gain consultation with every solitary stakeholders. As such, in case IRDAI fails to Do so before finalising the structure for enhancing the premium for getting compensation under the CPA cover, the stakeholders may challenge any issues arising thereon before the courts. It is pertinent to note that neither the Motor Vehicles Act, 1988 nor any other statute mandates a CPA cover for five years. As such, considering the scope of insurance cover requirement in the present legal frame labor in motor vehicle law, the best route forward may subsist to set aside in condition an usurp legislation for CPA in the central motor vehicle law.


    Washington CPA Chris Falco Discusses the Implications of Taxing Online… | killexams.com true questions and Pass4sure dumps

    Washington CPA Chris Falco Discusses the Implications of Taxing Online Sales

    CPA Chris Falco

    The repercussion of the court’s conclusion to overturn the Quill case will subsist far-reaching, as states are now free to levy taxes on sales of goods and services regardless of physical presence in the state.

    REDMOND, Wash. (PRWEB) October 31, 2018

    In June, the Supreme Court overturned a ruling that shielded sellers with no physical presence in a buyer’s home condition from collecting sales tax. “The repercussion of the court’s conclusion to overturn the Quill case will subsist far-reaching, as states are now free to levy taxes on sales of goods and services regardless of physical presence in the state,” said Falco, a founding ally of Falco Sult.

    However, other requirements of the “Commerce Clause” of the Constitution will silent apply, as well as other nexus tests. Previously, the U.S. Supreme Court established a common rule of substantial nexus which required an out-of-state seller to gain a physical presence in the condition before the condition can require the seller to collect and remit sales and exhaust taxes.

    “Physical presence is generally created by having employees or owning/leasing property in a alien state,” notable Falco. “Companies that solicited sales by mailing catalogs or flyers to out-of-state residents were not required to collect sales tax because they would subsist ‘unduly burdened’ and were determined to not gain a physical presence.”

    The Quill case brought about two different factors when determining whether a company may subsist liable for sales tax: the Due Process Clause and the Commerce Clause. The Due Process Clause addresses the fairness of governmental activity, while the Commerce Clause addresses the effects of condition regulation on the national economy. In this case, Due Process focuses on whether a taxpayer has objective warning that their activity may subsist subject to taxation in another jurisdiction. The Commerce Clause focuses on ensuring a condition doesn’t condition impermissible burdens on interstate commerce.

    In June, the Supreme Court ruled that “… the physical presence requirement of Quill is unsound and incorrect…” and went on to address several factors in overturning the decision. Some of the factors mentioned embrace the following:

    A commerce does not requisite a physical presence in a condition to answer the demands of due process.Based on the physical presence test, economically identical entities are treated different for whimsical reasons.The Court should not maintain a rule that ignores substantial virtual connections to the state.Attempts to apply the physical presence rule to online retail sales gain proved unworkable.

    This conclusion allows states to enact laws that would require remote sellers to collect and remit sales or exhaust tax regardless of the physical presence tests. The seller would likely silent requisite to gain a substantial nexus with the condition for the requirement to subsist enforceable. The Court blessed South Dakota’s internet sales tax law that required most sellers with at least $100,000 in sales or 200 or more transactions annually in the condition to collect South Dakota sales tax.

    “Many states are taking South Dakota’s lead and implementing laws that are at least what the South Dakota’s gauge requirements are,” concluded Falco. “Some are looking at higher thresholds and a few gain gone lower. Over the next year, they should note a majority of the states with some law in place.”

    About Falco SultFalco Sult looks at a business’ needs from a broad perspective by knowing where the company is in the commerce life cycle at every solitary times and designing a arrangement accordingly. Falco Sult is a West Coast accounting hard serving clients nationwide. For more information, gratify convene (425) 883-3111, or visit http://www.falcosult.com. The office is located at 16150 NE 85th Street, Suite 203, Redmond, WA 98052.

    For media inquiries, gratify convene the NALA at 805.650.6121, ext. 361.

    Contact Author

    NALA PR the NALA+1 (866) 767-3238Email > Visit website

    Marin Tracking US


    Risky Business: 5 Types of Clients CPA Firms Should Avoid | killexams.com true questions and Pass4sure dumps

    Emily Ryan was a hard-working CPA who in the early days of her career began doing the tax labor of an up-and-coming actor.* Over time this actor became a mountainous star nationally but continued to wait connected with those who had helped him achieve his goals. This included Emily, who had recently started providing consultative ilk services in addition to his tax returns.

    As the actor’s salary continued to increase, Emily’s partners were very gratified to expand their commerce relationship with him. The star was well known throughout the office. They often allowed him to hand out movie premiere tickets and memorabilia as a courtesy to the staff or in lieu of payment and agreed to services with just a handshake. He even accepted a personal referral from one of Emily’s partners despite the want of qualifications. Emily grew increasingly uncomfortable with how the client relationship was proceeding and expressed her concerns to her partners. However, no one else wanted to ‘rock the boat’ by asking the actor to forego the perks over something as trifling as an appointment letter.

    Over time, the actor became more and more demanding. He started asking Emily to reserve flights, find him hotel rooms and do dinner reservations. Oftentimes, he would angrily complain that she failed to Do things he requested in which Emily had no recollection. When Emily decided to accept a job with another firm, she decided to leave the actor client with her former colleagues. Several years after her departure, she read in the newspaper that her former hard was being sued by the actor. The claim cost them a distinguished deal of money, and the news stories about the lawsuit and court proceedings set aside a black vestige on the firm’s reputation.

    What did the hard Do wrong?
  • No appointment epistle was ever used
  • They provided an array of concierge-type services outside the scope of accounting
  • There was no annual client review performed by the firm
  • Only one referral was offered when the client needed assistance outside of the firm
  • Evaluating your clients on a routine basis is advantageous commerce practice. Over time, a client’s profile and expectations may change, no longer making them a advantageous proper for your firm. Though not an smooth task, disengaging from risky clients can subsist your best option. It may damage financially in the short run, but in the long flee it can reclaim you a distinguished deal of aggravation and avoid a potential professional liability claim. In Emily’s case, she was alert that her client’s profile was changing and that her former hard was not willing or capable of handling such a demanding lofty net worth individual.

    To serve you avoid a similar situation, the following is a list of some common high-risk clients, along with some tips on how to mitigate your potential exposure, short of ending the relationship:

    Dabbling

    While a recent client may notice profitable, “dabbling” outside your zone of expertise has gotten many a CPA into trouble. One route to wield such clients is to mention them to another hard that can wield that zone of practice. It’s advantageous exercise to provide multiple referrals. Alternatively, deem working with a larger hard that will lend you the staff and expertise.

    Delinquent Payers

    If a client habitually fails to pay their bills on time, it could eventually result in nasty collection proceedings and protracted fee disputes. But late payment could subsist a symptom of something else. Does the client gain a cash current problem? If so, is it due to mismanagement or defalcation? If pressed for payment, is the client likely to condition the fault on you and your services? In such circumstances, meet with the client in person. gain at the root antecedent of their payment issues and determine if an amicable arrangement can subsist made.

    Trustee Services

    Has a client named you as an executor or trustee for their estate? Does the client gain a spouse or family situation that will do distribution of the estate an onerous undertaking?   Being named as a commerce trustee is an exclusion under most professional liability policies. You can yelp “yes” to being named as a personal trustee, but vet the potential family dynamic and beneficiaries, and gain a copy of the agreement reviewed by your professional liability carrier’s risk management department before signing anything.

    Questionable Integrity

    If you primarily deal with mainstream clients and someone with questionable integrity approaches you, pick the time to fully vet them before taking on the engagement. What can you learn from their prior accountant or third parties who gain previously worked with them? Review their credit history. If you suspect feasible criminal activity, flee a background check.

    Uncooperative Clients

    Do some clients look to pick up too much of your time? Are they constantly fighting with their own customers? How would they act if there was a disagreement with the CPA firm? They would probably subsist just as aggressive if a dispute arose. Before letting them go, try another member of the hard or exhaust a team approach before proceeding to disengage.

    Mergers & Acquisitions

    Whether you’re a regional hard buying another large hard or a one-man shop purchasing a retiring CPA’s reserve of business, acquiring someone else’s clients is among the riskiest ventures a hard can do. You are adding hundreds or thousands of clients with the stroke of a pen.

    Do you gain a sturdy culture of reviewing clients through sound acceptance and continuance procedures? In many acquisitions, the reserve of commerce is so large that you cannot achieve due diligence on every client. When you inquire of for a sampling of that client base, do sure you inquire of for those riskier clients when evaluating the risk. inquire of about prior claims or demands made against the firm. Are appointment letters required on every solitary clients (less individual tax)? If you are taking on recent staff and partners, do sure your communication methods about the integration are transparent to every solitary employees.

    Whenever you deem an M&A or even just an asset purchase, talk to your AICPA Professional Liability Insurance Program account representative before the ink is parch on the deal. Although it won’t purge every solitary the risk you are inheriting, you’ll proceed with eyes wide open.

    [*Emily Ryan is a fictitious character. Her experience, though similar to CPAs insured through the AICPA Professional Liability Insurance Program, is used here strictly for illustrative purposes.]

    * * * * *

    It doesn’t pay to ignore risky clients. Their undergo within the AICPA Professional Liability Insurance Program shows this can often cost you not only time and money, but also your most valuable asset—your reputation. When in doubt, deem terminating the client relationship. If you do, set aside it in writing, advising the client of pending fees, imminent deadlines and current labor in progress. In situations involving more litigious clients, contact your attorney and your professional liability representative first to debate the usurp wording to embrace in the disengagement letter. It may not reclaim your client, but it could reclaim you.

    Further Reading:

    _____________________________________

     

    Mark Walicki is a client advocate on the AICPA Professional Liability Insurance Program where he works with large, regional accounting firms. vestige has over 20 years’ undergo in the insurance industry. For more information, gratify email him at: mark.walicki@aon.com.

    Cathy Whitley is Senior AICPA Risk Advisor for Aon Insurance Services, the national Administrator of the AICPA Professional Liability Insurance Program since 1974 and has more than 20 years’ undergo with Aon. For more information, contact Cathy at cathy.whitley@aon.com or visit www.cpai.com.

     

     



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