Professional Documents
Culture Documents
M14 Prework Dec22
M14 Prework Dec22
M14 Prework Dec22
n Workshop
QUA
ALIFICAT
TION PR
ROGRAM
MME
Module 14: Taxation Workshop
Contents
PREWORK ASSIGNMENTS 9
Case Overview 10
Technical Session 1:
Important tax issues in Hong Kong (Part 1) 12
Technical Session 2:
Important tax issues in Hong Kong (Part 2) 13
Technical Session 3:
Tax planning 14
Technical Session 4:
Double taxation agreements and cross-border transactions 15
APPENDICES 16
Reflection and Next Steps handout 17
Core enabling competency skills summary 18
Ethics: Fundamental principles 20
Ethics: Addressing ethical dilemmas 23
Communication: The Three Pillars 26
Communication: Writing guidelines 28
Communication: Presentation guidelines 30
Critical analysis 32
Problem solving 36
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Module 14: Taxation Workshop
Welcome to the M14 Taxation Workshop from the Hong Kong Institute of Certified
Public Accountants (HKICPA). This is part of a series of Qualification Programme (‘QP’)
workshops that are part of HKICPA’s commitment to ensuring that professional
accountants are prepared to meet current and future needs, both in Hong Kong and
internationally.
Before you attend the workshop, you should familiarise yourself with the contents of
this prework book. The workshop will be highly interactive, and you will be required
to participate and contribute to the day’s discussions and exercises. The information
in this prework book, including the assignments, will prepare you to participate fully
in the workshop, contribute more effectively and get more from the workshop.
Please take the time to read all materials and ensure you are fully conversant with
the technical information and enabling competences. The session associated with this
workbook assumes you have a full working knowledge of this material and you will be
called upon to demonstrate your mastery of the technical content as well as develop
and demonstrate your core enabling competences (‘CECs’). Ensure that you also
complete all/any self-assessment in advance and have read the relevant chapters in
the Learning Pack.
Workshop goal
The goal of the professional workshops is to give you an opportunity to explore and
understand the HKICPA QP’s CECs in the context of the technical material. These CECs
each play an important role in the career of a global accountant with the Institute’s
CPA designation.
There are many CECs that are important in a business setting and your future
accounting career. The QP, and the Introductory Workshop you have completed, will
focus on three: (1) problem-solving, (2) critical analysis and (3) communication. This
prework pack outlines these three CECs in detail so you can be familiar with them by
the time you attend your workshop. A skill summary of the CECs is available in this
prework book.
By applying these CECs to the technical content related to Taxation topics, you will
demonstrate your mastery of the material and develop a deeper understanding of
how problem-solving, critical analysis and communication support professional
accountants. Upon completion of the workshop, you should have a full
understanding of when, why and how to apply each of these skills. These tools will
help you approach real-life business situations professionally and systematically.
4
Professional workshop overview
Introduction: This session is designed to bring the large group together to understand
the purpose of the workshop and establish expectations. In addition, it is a chance for
participants and facilitators to introduce themselves.
Ice breaker: This session creates an energetic learning environment that encourages
the groups to form an effective working relationship for the day.
Technical sessions: The active learning activities in the technical sessions are designed
to provide the participants with opportunities to develop and demonstrate their
understanding of Taxation topics and the CECs.
Reflection: Towards the end of the workshop, you will reflect on the activities of the
day and the importance of the CECs.
Workshop feedback: In the last session of the day, you will have the opportunity to
provide constructive feedback on the workshop via an online feedback form.
Learning outcomes
This workshop includes four technical sessions. In a general sense, upon completion
of the workshop, participants will be able to:
Technical Session 1
Explain the tax incentives available for research and development activities
Evaluate and analyse conditions required to enjoy enhanced deductions for research
and development activities
Technical Session 2
Anti-avoidance provisions and transfer pricing provisions on loan arrangement
Technical Session 3
Tax planning on salaries tax – source of employment, fringe benefits etc
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Module 14: Taxation Workshop
Technical Session 4
Apply tax rules and relevant double tax agreements (“DTA”) to determine the
existence of permanent establishment
Evaluate and analyse potential tax implications for the cross-border activities
Prepare according to your study plan. This includes reading the relevant prework
materials and completing any prework assignments in accordance with the
instructions therein – prior to attending the workshop.
Actively participate. On the day of the workshop, you should proactively engage with
your fellow participants during all team activities and discussions.
Seek to develop your skills. As you participate in the workshop, you should strive to
deepen your understanding of the CECs by contributing to all discussions and team
activities.
Observe the workshop rules. On the day of the workshop, facilitators will review the
rules of conduct for workshops.
Keep all workshop materials confidential. All workshop materials and topics (e.g.
activities, discussion points, questions/answers, etc.) must remain entirely
confidential. You may not share or discuss them with anyone outside of your
immediate workshop. Photography and recording of any workshop materials is
strictly prohibited, all cell phones and electronic devices (e.g. tablets, laptops) will be
allowed to be used for participating in the workshop, for viewing e-books and
workshop materials or conducting online researches for workshop activities only.
6
Professional workshop overview
On the day of the workshop, you will receive further Workshop handouts using the
file sharing function in the Chat tab in Zoom which include additional case
information, questions and activity requirements.
All digital handouts must be deleted from all participant devices at the end of the
workshop.
Workshop assessment
Learning from the workshops is largely contributed by your preparation and
participation. To ensure an enriched learning experience and to achieve the
workshop’s learning objectives, participants are required to fulfil a set of assessment
criteria. The seven assessment criteria are:
1. Demonstration of analytical skills
2. Demonstration of problem-solving skills
3. Demonstration of communication skills
4. Preparation
5. Level of engagement/participation
6. Demonstration of technical competency
7. Attitude and behaviour
The assessment focuses on your demonstration of behaviour throughout the
workshop day. You must obtain at least 70% (7 out of 10 marks) to pass the
workshop. The rubric for the Workshop can be found below.
Professional workshop
Assessment Performance Exceed (2 marks) Meet (1 mark) Fail (0 mark)
criteria indicators
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Module 14: Taxation Workshop
8
PREWORK
ASSIGNMEN
NTS
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Module 14: Taxation Workshop
Case Overview
Goal: The prework assignments aim at providing workshop participants with a learning
experience where they can demonstrate and develop the core enabling competencies of
problem solving, communication and analytical thinking within the context of selected
taxation topics.
In preparing for the prework assignments, participants should read the following case
background, which is related to Technical Sessions 1, 2, 3 and 4.
Case Overview
Alive Group is a leading pharmaceutical conglomerate in the world. Alive Group’s
ultimate holding company, Alive GmbH, is a German based company and has been
listed on the Frankfurt Stock Exchange since the 1970s. Currently Alive Group’s
Chairman is Dr. Tobias Hoffmann.
Alive Group has several research and development (“R&D”) centres all over the world,
and it has just established a new R&D centre in Hong Kong on 1 January 2020, which
is called Alive Cancer Solutions (Hong Kong) Limited (“Alive R&D HK”). Alive Group
closes its accounts on 31 December every year.
Alive Group’s corporate structure is summarized as follows:
Alive GmbH
(Germany)
100%
IP IP ……………... IP
10
Prework assignments
Alive R&D HK has established a research laboratory and office in Cyberport for
carrying out R&D activities in Hong Kong in relation to the discovery and creation of
new drugs and treatments for combating various forms of cancers. From time-to-time
Alive R&D HK may also undergo ad hoc non-cancer related R&D projects (e.g. stem
cell technology, organ transplant technology etc). Alive R&D HK bears all the risks and
returns relating to the projects.
If a particular R&D project has become successful, Alive R&D HK would register the
intellectual properties discovered (“IPs”), and then grant the IP rights to its fellow
group companies (e.g. Alive manufacturing arms in China) and other 3rd party
manufacturers, and receive royalties in return.
At the moment Alive R&D HK holds the IPs directly, but in the future, for risk
management purposes, Alive R&D HK would use special purpose vehicles (“SPV”) to
hold the IPs generated from the R&D activities.
Currently Alive R&D HK has 50 employees in Hong Kong, in which 35 are scientists (all
are oncologists) under the R&D Department. There are two key personnel in Alive
R&D HK, and they are:
Prof. Gideon Sunway – Nobel Prize winner in medicine and formerly the Head of
Department of Medicine in a renowned university in the USA. He is one of the
statutory directors, and also the CEO and Head of R&D of Alive R&D HK. He receives
both director’s fee and employee’s remuneration from Alive R&D HK.
Dr Victoria Krolo – a German oncologist who originally worked in Alive Group’s R&D
centre in Germany and relocated to work in Hong Kong. She is now the Deputy Head
of R&D of Alive R&D HK.
Alive R&D HK has an in-house accounting department, and you are the accounting
manager.
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Module 14: Taxation Workshop
TECHNICAL SESSION 1
Prework reading
Read Chapter 3 “Profits Tax” of the Learning Pack, particularly the contents relate
to R&D expenditure under s16B of the IRO. You are also encouraged to read
DIPN55 “Deduction for Research and Development Expenditure” and Schedule
45 of the IRO.
12
Prework assignments
TECHNICAL SESSION 2
Prework reading
Read Chapter 3 “Profits Tax” of the Learning Pack, in particular Section 3.5.3. You
are also encouraged to read DIPN13A “Profits Tax – Deductibility of Interest
Expense”
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Module 14: Taxation Workshop
TECHNICAL SESSION 3
Tax planning
Prework reading
Read Chapter 4 “Salaries Tax” and Chapter 10 “Hong Kong Tax Planning Ideas
and Strategies” of the Learning Pack
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Prework assignments
TECHNICAL SESSION 4
15
APPEN
NDICES
16
6
Appendix 1
What are the three pillars of communication and how will knowing each of these three pillars
change your approach to communication?
The critical analysis guidelines were put to good use today. Give one example of how you plan
to immediately put these guidelines into use in your workplace.
Finally, state how the five steps of the problem-solving process will make a difference in how
you approach a situation in the workplace. Which step do you think will make the greatest
difference and why?
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Module 14: Taxation Workshop
18
Appendices
Core Ena
abling Compet
C tency skills summaryy
Co
ore Enabling Competenc
ces Communica
C tion: The Th
hree Pillars
Your topic.
Critical
Your au
udience.
Analysis
s
Your pu
urpose
.
Time Proj
oject
Management Managgement
Communica
C tion: Writingg guidelines
s
Be proffessional.
Define your
y purposse.
Imaginee your readeer.
Ethics
Problem
Solving
Negotiation Choosee and structu ure your con
ntent.
Get to the
t point.
Simplify
y, simplify, ssimplify.
Inn
novative
Communication
Th
hinking
Communicat
C tion: Presenntation guide
elines
Imagine e your audieence.
Eth
hics: Fundam mental princ ciples Stick to the basics.
1. Integrity Keep slides few and d simple.
2. Objectivitty Be ready for questio ons.
3. Professional compete ence and duue care Speak with
w confiden nce.
4. Confidenttiality
Critical
C analy
ysis: Guidelinnes
5. Professional behaviour
Identify the issue.
Eth
hics: Addresssing ethical dilemmas
Researcch the facts.
1. Identify th he ethical dilemma:
Determine relevancce.
Mannipulation
Infer ba
ased on adeq quate evidence.
Omission
Stay objjective.
Conffidentiality
Remain curious.
Confflict of intere
est
Raise the alarm??
Problem
P solvving: Processs
Otheer
1.
1 Define the
t problem m.
2. Identify th he fundame ental princip le
2.
2 Determine the roott causes.
violated.
3.
3 Involve the right ressources.
3. Discover alternative
a solutions:
s
4.
4 Identify alternativess.
Assess the severrity of the di lemma.
5.
5 Choose a solution.
Identtify the legal issues.
Identtify the parties affected..
Docu ument the dilemma.
Take an outsiderr’s view to se ee the
dilem
mma differen ntly.
Seekk legal advice e.
Inforrm the prope er authoritie
es.
Otheer
4. Recomme end a solutio on.
5. Explain yo our choice.
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ETHICS:
FUNDAMENTAL PRINCIPLES
20
Appendices
HKICPA has detailed five foundational principles to guide accountants in all their
dealings with clients and colleagues. A professional accountant in public practice
should not knowingly engage in any business, occupation or activity that would be
incompatible with these fundamental principles.
Integrity
This principle imposes an obligation on all professional accountants to be
straightforward and honest in all professional and business relationships. Integrity also
implies fair dealing and truthfulness. A professional accountant should not knowingly
be associated with reports, returns, communications or other information where the
professional accountant believes that the information contains a false or misleading
statement, contains statements or information furnished recklessly or omits or
obscures information where such omission or obscurity would be misleading.
Objectivity
This principle imposes an obligation on all professional accountants not to
compromise their professional or business judgement because of bias, conflict of
interest or the undue influence of others. A professional accountant should not
perform a professional activity or service if a circumstance, relationship bias or undue
influence could impact the accountant’s professional judgement with respect to that
service.
Maintain professional knowledge and skill at the level required to ensure that
clients or employers receive competent professional service.
Act diligently in accordance with applicable technical and professional
standards.
Exercise sound judgement in applying professional knowledge and skill.
Confidentiality
The principle of confidentiality imposes an obligation on all professional accountants
to refrain from:
a Disclosing outside the firm or employing organisation confidential information
acquired as a result of professional and business relationships without proper
and specific authority or unless there is a legal or professional right or duty to
disclose; and
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Module 14: Taxation Workshop
Professional behaviour
This principle imposes an obligation on all professional accountants to comply with
relevant laws and regulations and to avoid any conduct that the professional
accountant knows or should know may discredit the profession. This includes
conduct that a reasonable and informed third party would be likely to conclude
adversely affects the good reputation of the profession.
22
ETHICS: ADDRESSING
ETHICAL DILEMMAS
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Module 14: Taxation Workshop
Accountants must ensure that organisations document and report their finances in
complete accord with all relevant standards. However, whenever money is at stake,
ethical or even legal dilemmas may arise.
Throughout the Qualification Programme, you will be asked to consider the ethical
dimensions of your day-to-day work. You will identify ethical dilemmas, understand
their implications and determine an appropriate approach.
The five-step process below can help guide your initial steps toward resolving an
ethical dilemma:
I. Identify the ethical dilemma. Common ethical dilemmas include:
IV Recommend a solution.
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Appendices
In the below link, there are some articles for your reference. The Hong Kong
Business Ethics Development Centre (HKBEDC) of the Independent Commission
Against Corruption (ICAC) has developed this series of feature articles in
consultation with the HKICPA. These articles highlight some common ethical
risks faced by different accounting professionals, namely external auditors,
internal auditors, financial accountants and management accountants, and the
legal obligations and professional principles they should pay heed to in tackling
these challenges.
https://hkbedc.icac.hk/enewsletter/accounting/index.html
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COMMUNICATION:
THE THREE PILLARS
26
Appendices
Be clear about your subject matter. What is the essential information you want to
convey? It is easy to err on either end, of course – saying so little that your audience
cannot see its importance or so much that the importance is buried.
Audience
Knowing what and how much to say depends, in part, on knowing your audience.
How much do they already know about this topic? If it is a lot, do not cover the
obvious. If it is not much, include any information needed to clarify your main points.
Purpose
Finally, write with a clear purpose in mind. Even in a simple ‘FYI’ email, you often want
your audience to do something – support an idea, provide information, complete a
task and so on. Be very clear in your communications about the action or actions you
want your audience to take.
Knowing your purpose also helps you decide how much information to include. If
information does not clarify your main points, provide needed background or
encourage the audience to do something, leave it out. In general, the shorter your
communication, the better, as long as it achieves your purpose.
When these three pillars support your communications, you are much more likely to
achieve your desired effect.
27
COMMUNICATION:
WRITING GUIDELINES
28
Appendices
Maintain a professional tone in everything you write because everything your write
either builds or diminishes your reputation and your future. Keep in mind that,
regardless of your intended reader, any email can end up in anyone’s inbox.
Define your purpose
Often, you will want readers to take action, as we have said – to support a proposal,
provide information or take a step. Make your purpose clear early in the document, if
it is not in your first sentence. Then, add needed background or reasons for your
request or proposal.
Imagine your reader
Think about your reader before and while you write. Imagine what readers might say
in person and address likely questions or reactions. For a simple email, this process
can be quick. For a complex or controversial topic, take your time and get it right.
Choose and structure your content
Content and structure should reflect your purpose and audience. Include only
content – facts, ideas, data or anything else – likely to motivate a reader to do what
you want. Highlight benefits to the reader for taking action. Structure communication
for ease of reading. Consider breaking up dense paragraphs with numbered or
bulleted lists or, in longer documents, sub-headings.
Get to the point
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COMMUNICATION:
PRESENTATION GUIDELINES
30
Appendices
As you would for written communication, analyse your audience before you speak.
Are they experts? What do they expect from you? What will they do with the
information you provide? An important rule is not to talk over or under the level of
your audience. As a CPA, you are an expert in financial matters, which may or may
not be true for your audience.
Stick to the basics
It is always a good idea to stick to the basics in your presentation. If necessary, you
can provide detailed metrics later to anyone who wants them. For most people, even
experts, the most important numbers are enough. For a non-expert or mixed group,
use simple terms to explain what those numbers are and what they measure.
Keep slides few and simple
Make slides as few and simple as possible, given what you are trying to accomplish.
Speak to important points but avoid reading any slide aloud. Even experts usually
want only the highlights. If you are unsure how much to share, ask the group if they
would like more depth for a given slide. Keep your graphics simple. Fewer elements
make a chart or graph easier to understand. Simplify a spreadsheet before turning it
into a slide. Use minimal text, which takes less time for the group to process.
Consider building a graphic one section at a time as you explain.
Be ready for questions
As you prepare, look at your data from the listeners’ point of view and be ready to
answer any questions they are likely to ask. At the end of your presentation, and after
you explain anything complex or controversial, ask the group, ‘What questions do you
have?’
Speak with confidence
Do your best to show confidence in what you are saying. Listeners may depend on
the clarity and accuracy of your data to make financial decisions. Equivocal terms like
‘maybe’, ‘possibly’ or ‘it seems like’ communicate a lack of confidence in your data.
Check and double-check your data to be sure your numbers match in different
places. One person pointing out a discrepancy can undermine confidence in your
whole presentation.
31
CRITICAL ANALYSIS
32
Appendices
An ineffective CPA might think, ‘I just follow the rules. It is not my job to think
critically.’ However, nothing is further from the truth. How well you apply the skills of
critical analysis can make or break your career.
Critical analysis of an issue or situation focuses on facts, data or evidence. The best
critical analysis is objective, with as little affect as possible from your feelings,
opinions or biases. This is hard work made much easier when you apply the six
analytical techniques.
Identify the issue – What problem are you going to resolve?
A first step of critical analysis is painting a clear picture of the situation and the
people, group or issue involved. In any confusing situation, ask a few basic questions:
Who is doing what? Why is it happening? What is the result and how could it be
different?
Research the facts – Gather related information about the issue; apply a questioning
mindset to test current information (what, who, when, where, why, how)
When considering another person’s point of view – or developing your own – get the
facts straight. Supporting information can be inaccurate or come from a questionable
source. Look especially for any claims unsupported by factual data, a common sign of
an opinion reflecting a bias with little or no basis in reality.
Determine relevance – Manage and evaluate information from multiple sources and
perspective; pick out only the relevant information from the researched facts for
analysis
Not all the researched facts are relevant for analysing the issue. To decide what
evidence is relevant to a belief or assertion, weigh any supposed evidence against the
goal or purpose you are trying to achieve.
Infer based on adequate evidence – identify alternatives, weigh the cost and benefit,
forecast the results for each of the alternative
Inferring simply means to draw a conclusion based on available data, but it is easy to
go wildly wrong. If I see strange lights in the night sky, I might infer that I am seeing
visitors from another planet. On the other hand, daylight might reveal a high-flying
helicopter. Therefore, a reliable inference depends on your ability to consider all
relevant evidence.
Stay objective – Review and recognise any uncertainty and bias in the data and
assumptions; make evidence-based evaluative judgments
Even if our own biases are plain to others, they are often invisible to us. Critical
analysis requires objective evaluation. An ideal judge assesses conflicting claims, first
by identifying the biases that colour almost every one of them. Setting aside your own
biases is both difficult and vital to an objective evaluation of the views of others.
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Module 14: Taxation Workshop
Remain curious – Note any variance from time to time; be open to new perspectives
Skilled critical thinkers remain curious because they know how tempting it is to take
unfounded assertions at face value. As children, we were all curious to ask one ‘why?’
question after another. Do not be afraid to tap into your inner child. Continue to ask
‘why?’ and other questions about opinions, assertions, established processes and
other confusing aspects of your professional life.
Far from being a ‘nice-to-have’ skill, the ability to analyse complex subjects and
situations is vital for every competent CPA. While it is important to apply and refine
these techniques over a lifetime, the sooner you start, the greater the benefits to you
and your career in accounting.
– Should we hire the two staff accountants or hire the one experienced
accountant with experience and expertise in an industry the firm is
interested in?
Research the facts – Gather related information about the issue; apply a
questioning mindset to test current information (what, who, when, where, why,
how)
– Hiring the experienced accountant would afford the firm experience and
expertise in an industry the firm is interested in entering. This experience
and expertise are currently lacking in the firm.
– The firm can only hire the two inexperienced staff accountants or the
experienced accountant.
34
Appendices
Infer based on adequate evidence – Identify alternatives, weigh the cost and
benefit, forecast the results for each of the alternative
Stay objective – Review and recognise any uncertainty and bias in the data and
assumptions; make evidence-based evaluative judgements
Remain curious – Note for any variance from time to time, be open to new
perspectives
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Module 14: Taxation Workshop
PROBLEM SOLVING
36
Appendices
Most of us have a basic ability to tackle problems. What is hard is quickly finding
solutions while involving others in meaningful ways. A clear, efficient process can help
everyone remain calm and productive under pressure.
PROBLEM SOLVING: PROCESS
I. Define the problem – Figure out what exactly the problem is; how does it hinder
your goals; why is it happening?
To find a good solution, it is vital to know where you are and where you want to
go. Only then can you close the gap between the two. Defining a situation in this
way also helps uncover ways to do even more with your solution than simply
closing a gap.
II. Determine root causes – What are the trigger factors causing the problem;
which factors are changeable and which are not? Establish cause-and-effect
relationships
You will find the best solution more quickly with accurate information about the
causes of the problem. Without knowing the contributing factors, you may find
yourself exploring options that do not address the real problem.
III. Involve the right resources – Consider the strengths, time, cost, etc. of each
resource that would be involved in the solution plan
Resources include time, cost and people, both internal and external. When you
involve the right resources at the right time in choosing the best solution, the
problem can be solved more effectively and efficiently. Understanding the
strengths possessed by you, your team, and your organisation will also help you
determine the best solution for your particular situation.
V. Choose a solution – Work on the solution with specific actions; check back on
the solution and revise the plan as needed
Once you leverage the team to choose the best solution, develop an action plan
that outlines accountability, resources and schedule. Once under way, measure
progress and maintain momentum by celebrating milestones and success.
These five steps can help you identify, analyse and solve persistent problems.
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Module 14: Taxation Workshop
a. Mergers and acquisitions require due diligence. One of the first actions
Erik should take is to have a finance team member perform due diligence
on the software companies of interest and explore others that are not
currently on the ‘of interest’ list.
4. Identify alternatives
a. Do nothing.
5. Choose a solution
38