历年ACCA考试通过率

正确答案：
(ii) For the year ended 31 July 2007, there will be two associated companies in the group. Bold plc will count as an
associated company as it is not dormant throughout the period in question. As a result, the corporation tax limits will be
divided by two (i.e. the number of associates) giving an upper limit of ￡750,000 (￡1·5 million/2). As Linden Limited
is anticipated to make profits of ￡1·4 million in the year to 31 July 2007 it will pay corporation tax at the rate of 30%.
Bold plc can earn trading profits up to ￡150,000 (￡300,000/2) and pay tax at the rate of 19%. It will therefore
minimise the group’s corporation tax liability if maximum use is made of this small companies rate band, as it will save
￡16,500 (150,000 x (30% – 19%)) of corporation tax for the year to 31 July 2007. Bold plc should therefore make
a management charge of sufficient size to give it profits for that year equal to ￡150,000.
While the transfer pricing legislation no longer applies to small and medium sized enterprises, Bold plc should
nevertheless ensure that there is evidence to support the actual charge made in terms of the services provided.

正确答案：

Tutorial note:
In order to apply any piece of legislation, judges have to determine its meaning. In other words they are required to interpret the
statute before them in order to give it meaning. The diffi culty, however, is that the words in statutes do not speak for themselves and
interpretation is an active process, and at least potentially a subjective one depending on the situation of the person who is doing
the interpreting.
Judges have considerable power in deciding the actual meaning of statutes, especially when they are able to deploy a number of
competing, not to say contradictory, mechanisms for deciding the meaning of the statute before them. There are, essentially, two
contrasting views as to how judges should go about determining the meaning of a statute – the restrictive, literal approach and the
more permissive, purposive approach.
(a) The literal approach
The literal approach is dominant in the English legal system, although it is not without critics, and devices do exist for
circumventing it when it is seen as too restrictive. This view of judicial interpretation holds that the judge should look primarily
to the words of the legislation in order to construe its meaning and, except in the very limited circumstances considered below,
should not look outside of, or behind, the legislation in an attempt to fi nd its meaning.
Within the context of the literal approach there are two distinct rules:
(i) The literal rule
Under this rule, the judge is required to consider what the legislation actually says rather than considering what it might
mean. In order to achieve this end, the judge should give words in legislation their literal meaning, that is, their plain,
ordinary, everyday meaning, even if the effect of this is to produce what might be considered an otherwise unjust or
undesirable outcome (Fisher v Bell (1961)) in which the court chose to follow the contract law literal interpretation of
the meaning of offer in the Act in question and declined to consider the usual non-legal literal interpretation of the word
(offer).

(ii) The golden rule
This rule is applied in circumstances where the application of the literal rule is likely to result in what appears to the court
to be an obviously absurd result. It should be emphasised, however, that the court is not at liberty to ignore, or replace,
legislative provisions simply on the basis that it considers them absurd; it must fi nd genuine diffi culties before it declines
to use the literal rule in favour of the golden one. As examples, there may be two apparently contradictory meanings to a
particular word used in the statute, or the provision may simply be ambiguous in its effect. In such situations, the golden
rule operates to ensure that preference is given to the meaning that does not result in the provision being an absurdity.
Thus in Adler v George (1964) the defendant was found guilty, under the Offi cial Secrets Act 1920, with obstruction
‘in the vicinity’ of a prohibited area, although she had actually carried out the obstruction ‘inside’ the area.
(b) The purposive approach
The purposive approach rejects the limitation of the judges’ search for meaning to a literal construction of the words of
legislation itself. It suggests that the interpretative role of the judge should include, where necessary, the power to look beyond
the words of statute in pursuit of the reason for its enactment, and that meaning should be construed in the light of that purpose
and so as to give it effect. This purposive approach is typical of civil law systems. In these jurisdictions, legislation tends to set
out general principles and leaves the fi ne details to be fi lled in later by the judges who are expected to make decisions in the
furtherance of those general principles.
European Community (EC) legislation tends to be drafted in the continental manner. Its detailed effect, therefore, can only be
determined on the basis of a purposive approach to its interpretation. This requirement, however, runs counter to the literal
approach that is the dominant approach in the English system. The need to interpret such legislation, however, has forced
a change in that approach in relation to Community legislation and even with respect to domestic legislation designed to
implement Community legislation. Thus, in Pickstone v Freemans plc (1988), the House of Lords held that it was permissible,
and indeed necessary, for the court to read words into inadequate domestic legislation in order to give effect to Community
law in relation to provisions relating to equal pay for work of equal value. (For a similar approach, see also the House of Lords’
decision in Litster v Forth Dry Dock (1989) and the decision in Three Rivers DC v Bank of England (No 2) (1996).) However,
it has to recognise that the purposive rule is not particularly modern and has its precursor in a long established rule of statutory
interpretation, namely the mischief rule.

The mischief rule
This rule permits the court to go behind the actual wording of a statute in order to consider the problem that the statute is
supposed to remedy.
In its traditional expression it is limited by being restricted to using previous common law rules in order to decide the operation
of contemporary legislation. Thus in Heydon’s case (1584) it was stated that in making use of the mischief rule the court
should consider what the mischief in the law was which the common law did not adequately deal with and which statute law
had intervened to remedy. Use of the mischief rule may be seen in Corkery v Carpenter (1950), in which a man was found
guilty of being drunk in charge of a carriage although he was in fact only in charge of a bicycle.

正确答案：
(b) Essentially, Universal is a one product or service company selling its services into two main customer segments in the housing
market. From the performance information provided in Table 1, the company has achieved impressive rates of growth over
the 2001–4 period and this growth has come almost exclusively from private house owners. Universal is in the replacement
market. Its customers are looking to replace existing roofing systems with low maintenance/high attractiveness Universal
systems. To date growth has been exclusively within one region and been achieved by growing the area served through
investment in showrooms and depots.
Universal has chosen to grow its business through a differentiation focus strategy. It has identified a niche not served by the
major PVC doors and windows installers and poorly served by small independent installers. The value chain analysis
discussed above has shown the ways in which Universal has successfully distinguished itself from its competitors. Growth
has been through increasing its market penetration of one particular region. Such is the size of the private house owner market
and the lack of effective competition that the company has achieved a significant share of the market in its particular region.
However, in national terms, with 1% of the available market, Universal is a small operator. What is clear from the sales figures
is that as the firm grows bigger the relative rate of growth inevitably slows down, so that by 2004 it has an annual growth of
27% – still impressive by most companies standards. The move into supplying the commercial housing market has been
successful, but the share of total sales seems to have stabilised at around 5%. Universal clearly is finding it difficult to commit
sufficient new resources to this sector while coping with the growth from the domestic housing sector. Direct labour and other
direct costs seem to be a reasonable proportion of sales and predictably grow with the number of installation teams. Overall,
the gross margin, which sustains sales, marketing and overhead expenses, is moving in the right direction with a gross margin
of 52·6% achieved in 2004.
Labour, not surprisingly in a service business, consumes a considerable amount of costs. If one combines the direct labour
with the commission costs of sales canvassers and representatives together with salaries to staff in head office, one is in a
business where well over 50% of costs are attributable to people. Equally important is the fact that over 80% of the staff
employed by Universal is paid by results. This has significant consequences for the structure of reward systems and the
training and development of staff looking to maximise their incomes through either their individual or team performance.
Clearly, Universal sees no incompatibility between a reward system dominated by payments by results and the delivery of a
quality service differentiating it from its competitors.
Marketing has grown considerably over the period and reflects the recruitment of Mick Hendry as Sales and Marketing Director
in 2002. The marketing and sales model is very much one influenced by the one used by large PVC installers of doors and
windows. Here there is a heavy emphasis on direct selling techniques supported by increasing levels of advertising. Universal
sells to its customers directly and therefore avoids the costs and channel complications of using third parties to provide its
services. In many ways the direct selling techniques used are a very well established way of reaching the customer. Elements
of the marketing mix may be influenced by changes in communication technology, but the nature of the service requires
effective face-to-face contact with the customer. Sales to private house owners using credit generates significant finance
commission and is an important source of extra margin to Universal. Often in businesses depending on significant amounts
of credit sales the sales representative receives significant reward for selling a finance arrangement to the customer.
In terms of net profit achieved, 2001 and 2002 represents a significant change and, as argued in the scenario, this reflects
the recruitment of the Sales and Marketing Director. The achievement of this ‘step change’ in sales required commensurate
increases in most costs, but it is the significant increase in sales costs that explains the losses experienced in 2002. Sales
costs as a proportion of total sales rose from 14% in 2001 to almost 34% in 2002.
Particularly significant is the increase in sales commissions paid. The detailed changes in the way commission is paid is not
given in the case scenario, but it seems likely to reflect the previous experience of the Sales and Marketing Director in a closely
related industry. Similar levels of sales costs are incurred in 2003 and 2004 but the increase in sales, improvement in gross
margin and slower rate of growth in commissions paid explain the improved return on sales from –6·7% in 2002 to 4·2%
in 2003 and 5·8% in 2004.
Equally significant is the growth in showrooms and depots to support the growth in sales. Each additional facility costs in the
order of ￡30K with significant additions to costs in terms of staff and stock. Overall the performance of Universal over the
2001–2004 period is of a company achieving high rates of growth, incurring significant costs in so doing and moving into
modest levels of profit over the period. Its cost structure reflects the service it provides and the staff and reward systemsenabling the service to be provided.

正确答案：
2 Suggested answer content for each of the eight problems contained within the scenario is as follows:
(a) The nature of each of the problems relating to the use of budgeting is as follows:
Meeting only the lowest targets
– infers that once a budget has been negotiated, the budget holder will be satisfied with this level of performance unless
there is good reason to achieve a higher standard.
Using more resources than necessary
– Once the budget has been agreed the focus will be to ensure that the budgeted utilisation of resources has been adhered
to. Indeed the current system does not provide a specific incentive not to exceed the budget level. It may be, however,
that failure to achieve budget targets would reflect badly on factors such as future promotion prospects or job security.
Making the bonus – whatever it takes
– A bonus system is linked to the budget setting and achievement process might lead to actions by employees and
management which they regard as ‘fair game’. This is because they view the maximisation of bonuses as the main
priority in any aspect of budget setting or work output.
Competing against other divisions, business units and departments
– Competition may manifest itself through the attitudes adopted in relation to transfer pricing of goods/services between
divisions, lack of willingness to co-operate on sharing information relating to methods, sources of supply, expertise, etc.
Ensuring that what is in the budget is spent
– Management may see the budget setting process as a competition for resources. Irrespective of the budgeting method
used, there will be a tendency to feel that unless the budget allowance for one year is spent, there will be imposed
reductions in the following year. This will be particularly relevant in the case of fixed cost areas where expenditure is
viewed as discretionary to some extent.
Providing inaccurate forecasts
– This infers that some aspects of budgeting problems such as ‘Gaming’ and ‘misrepresentation’ may be employed by the
budget holder in order to gain some advantage. Gaming may be seen as a deliberate distortion of the measure in order
to secure some strategic advantage. Misrepresentation refers to creative planning in order to suggest that the measure
is acceptable.
Meeting the target but not beating it
– There may be a view held by those involved in the achievement of the budget target that there is no incentive for them
to exceed that level of effectiveness.
Avoiding risks
– There may be a prevailing view by those involved in the achievement of the budget target that wherever possible
strategies incorporated into the achievement of the budget objective should be left unchanged if they have been shown
to be acceptable in the past. Change may be viewed as increasing the level of uncertainty that the proposed budget
target will be achievable.