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CPA
Intermediate Leval
Public Finance & Taxation May 2017
Suggested Solutions

Public Finance & Taxation
Revision Kit

QUESTION 1(a)

Q Distinguish between "division of revenue" and "allocation of revenue" as used in revenue management at national and county government levels
A

Solution


"Division of revenue" refers to the process of sharing funds between different levels of government, such as national and county levels. On the other hand, "allocation of revenue" involves distributing funds among various projects or sectors within a particular level of government, be it national or county.



QUESTION 1(b)

Q Outline five roles played by the county head of internal audit services in relation to public finance management
A

Solution


Roles of County Head of Internal Audit Services


The roles of the county head of internal audit services in relation to public finance management typically include:

  1. Audit Planning: Develop audit plans to assess the effectiveness of financial management processes.
  2. Risk Assessment: Identify and evaluate financial risks within the county's operations.
  3. Internal Controls Evaluation: Assess and enhance internal control systems to ensure compliance with financial regulations.
  4. Financial Reporting: Verify the accuracy and reliability of financial information presented in reports.
  5. Compliance Monitoring: Ensure adherence to financial laws, regulations, and policies.
  6. Fraud Detection: Implement measures to detect and prevent fraudulent activities.
  7. Performance Audits: Conduct audits to evaluate the efficiency and effectiveness of financial operations.
  8. Recommendations and Improvement: Provide recommendations for improving financial and operational processes.
  9. Training and Awareness: Conduct training sessions to promote awareness of financial regulations and best practices.
  10. Communication: Communicate audit findings and recommendations to relevant stakeholders, including county officials and management.
  11. Follow-up: Monitor the implementation of audit recommendations and ensure corrective actions are taken.
  12. Coordination with External Auditors: Collaborate with external auditors to facilitate comprehensive financial audits.
  13. Policy Development: Contribute to the development and updating of financial policies and procedures.
  14. Ethical Standards: Uphold high ethical standards in conducting audits and handling financial information.
  15. Continuous Improvement: Stay informed about changes in financial regulations and adopt continuous improvement initiatives in internal audit processes.




QUESTION 1(c)

Q During a recent seminar on "overview of public finance and management", a senior National Treasury official remarked that, "there has been a very low budget absorption capacity by the county governments"

In relation to the above statement:

(i) Explain the meaning of "low budget absorption capacity"

(ii) Identify three possible causes of low budget absorption capacity
A

Solution


Understanding "Low Budget Absorption Capacity"


(i) Meaning of "Low Budget Absorption Capacity":


"Low budget absorption capacity" refers to the inability or inefficiency of an entity, such as county governments, to utilize allocated funds effectively within a given fiscal period. It indicates a situation where the actual spending or absorption of the budgeted funds is significantly below the allocated budget, leading to unspent or underutilized financial resources.

(ii) Possible Causes of Low Budget Absorption Capacity:


  1. Inadequate Planning: Poorly formulated plans or delays in project identification and planning can lead to a slow start in utilizing allocated funds.
  2. Lack of Capacity Building: Insufficient skills and expertise among county government officials in financial management and project implementation may hinder effective fund utilization.
  3. Bureaucratic Processes: Complex administrative procedures and bureaucratic hurdles can slow down the disbursement and utilization of funds.
  4. Procurement Challenges: Delays in the procurement process, including tendering and contract awarding, can impede the timely implementation of projects.
  5. Weak Monitoring and Evaluation: Inadequate systems for monitoring and evaluating projects can result in a lack of accountability and inefficiencies in resource use.
  6. Political Interference: Political influences or changes in leadership may disrupt project continuity and impact the timely absorption of allocated funds.
  7. Unforeseen External Factors: External factors such as natural disasters, economic downturns, or health crises can disrupt planned projects and affect budget absorption.
  8. Capacity Constraints in Implementation Agencies: Insufficient capacity within agencies responsible for project implementation can lead to delays and inefficiencies.
  9. Mismatch Between Allocations and Actual Needs: If budget allocations do not align with the actual needs and priorities of the county, it can result in underutilization of funds.
  10. Financial Management Issues: Poor financial management practices, including budgetary indiscipline, can contribute to low absorption capacity.




QUESTION 1(d)

Q The Commission on Revenue Allocation (CRA) is supposed to ensure equitable sharing of national revenue

Discuss three parameters used by the Commission in sharing revenue among county governments or their equivalent in your country.
A

Solution


Parameters Used by the Commission on Revenue Allocation (CRA)


The Commission on Revenue Allocation (CRA) ensures the equitable sharing of national revenue among county governments by considering various parameters:

  1. Population: The size of the population in each county is considered for equitable revenue allocation.
  2. Land Area: Counties with larger land areas may receive more resources for infrastructure development and service delivery.
  3. Development and Poverty Levels: The level of development and poverty rates in a county influence the revenue-sharing formula.
  4. Fiscal Capacity: The ability of a county to generate revenue internally is taken into account.
  5. Equalization Fund: Some countries have an equalization fund to address fiscal disparities among counties.
  6. Service Delivery Needs: Counties with higher service delivery needs may receive a larger share of the revenue.
  7. Special Circumstances: Unique circumstances, like ecological challenges, are considered in the revenue-sharing formula.
  8. Revenue Collection Efforts: Counties contributing actively to national revenue may be considered in revenue-sharing calculations.
  9. Historical Factors: Past financial allocations and historical considerations influence the current revenue-sharing formula.
  10. Consultation and Public Participation: CRA engages in consultations and seeks public input for a transparent revenue-sharing process.




QUESTION 2(a)

Q Explain the following terms as used under the Public Procurement and Asset Disposal Act. 2015:

(i) Electronic reverse auction

(ii) Framework agreement
A

Solution


(i) Electronic Reverse Auction:

In the context of the Public Procurement and Asset Disposal Act of 2015, an electronic reverse auction is a procurement method where sellers (suppliers or contractors) compete to win a contract by submitting successively lower bids over a specified period. The process is conducted electronically, allowing for real-time bidding adjustments. The auction starts with a higher price, and bidders gradually lower their prices until the auction period concludes. Electronic reverse auctions are employed to enhance competition, transparency, and cost-effectiveness in the procurement process.

(ii) Framework Agreement:

A framework agreement, under the Public Procurement and Asset Disposal Act of 2015, is a long-term procurement arrangement between a procuring entity and one or more suppliers. This agreement establishes the terms and conditions under which future contracts can be awarded during a specified period, often referred to as the agreement's duration. It outlines the general terms, pricing structures, and other relevant details, providing a streamlined process for procuring specific goods, services, or works over the agreement's term. Framework agreements are beneficial for both procuring entities and suppliers, as they promote efficiency, consistency, and cost savings in procurement processes.




QUESTION 2(b)

Q According to the Public Procurement and Asset Disposal Act, 2015 the county treasury is required to establish a procurement function.

In relation to the above provision, outline six responsibilities of the county government procurement function
A

Solution


Responsibilities of County Government Procurement Function


According to the Public Procurement and Asset Disposal Act of 2015, the county treasury is required to establish a procurement function. The responsibilities of the county government procurement function typically include:

  1. Procurement Planning: Develop and implement procurement plans in accordance with the county's needs and budgetary constraints.
  2. Policy Implementation: Implement procurement policies and procedures in line with the provisions of the Public Procurement and Asset Disposal Act.
  3. Tendering Processes: Oversee the entire tendering process, including the preparation of tender documents, advertising, and evaluation of bids or proposals.
  4. Vendor Management: Manage relationships with suppliers, contractors, and service providers to ensure compliance with contractual terms and conditions.
  5. Contract Administration: Administer and monitor contracts to ensure that suppliers and contractors meet their obligations and deliver goods, services, or works as per the agreed terms.
  6. Market Research: Conduct market research to identify potential suppliers, assess market conditions, and ensure that the county government gets value for money in its procurement activities.
  7. Compliance and Accountability: Ensure compliance with all legal and regulatory requirements related to public procurement, promoting transparency and accountability.
  8. Capacity Building: Develop and implement training programs to enhance the capacity of staff involved in procurement activities, ensuring they are knowledgeable about relevant regulations and best practices.
  9. Record Keeping: Maintain comprehensive and accurate records of all procurement transactions, including contracts, bids, and related documentation.
  10. Reporting: Prepare and submit regular reports on procurement activities to relevant authorities, as required by law or management.
  11. Ethics and Integrity: Promote ethical behavior and integrity in all procurement processes, preventing corruption and ensuring fair and equitable treatment of suppliers.
  12. Supplier Diversity and Inclusion: Encourage diversity and inclusion in the supplier base, promoting opportunities for small and disadvantaged businesses.
  13. Dispute Resolution: Address and resolve disputes related to procurement processes and contracts, ensuring fair and timely resolution.
  14. Performance Monitoring: Monitor the performance of suppliers and contractors to assess their ability to meet contractual obligations and deliver quality goods, services, or works.
  15. Continuous Improvement: Regularly review and improve procurement processes to enhance efficiency, effectiveness, and compliance with changing laws and regulations.




QUESTION 2(c)

Q Compute the value added tax (VAT) payable by (or refundable to) John Mpumalanga for the month of March 2017
A

Solution


Output
Consultancy fee:Local(1,587,500 x 16%)
DRC(389,375 x 0%)
Sales of goods
- Exports(460,000 x 0%)
- Local(3,200,000 x 16%)
Consultancy fees:goods intransit(500,000 x 0%)
Bankruptct(45,000 x 16%)
Debt notes


Input
Email and Web hosting 16% x 92,000
Legal fees incurred 16% x 608,000
Imports 12.5% x 16% x 450,000
Photocopying 16% x 90,000
Audit fee 16% x 260,000
Purchase - Zero rate 0% x 250,000
Std rate 16% x 75% x 1,900,000
Credit notes 16% x 25,000

VAT payable(766,800 - 482,000)
Amount
254,000
0
0
512,000
0
(7,200)
8,000
766,800


14,720
97,280
90,000
14,400
41,600
0
228,000
(4,000)
482,000
284,800



QUESTION 3(a)

Q Explain the meaning of the term "time of supply" in relation to excisable services.
A

Solution


Time of Supply in Excisable Services


In the context of excisable services, the term "time of supply" refers to the point in time when a particular service is deemed to be provided or completed for the purpose of determining the applicable tax liabilities, including excise taxes. It is a crucial concept for tax authorities to establish when the liability to pay excise tax arises for a specific service transaction.

The time of supply essentially sets the timeline for when a service is considered to be delivered or completed, and as a result, when the associated tax obligations must be fulfilled. Understanding the time of supply is important for both service providers and tax authorities to ensure accurate and timely compliance with excise tax regulations.


Factors that may influence the determination of the time of supply for excisable services can include the following:


  1. Completion of Service: The time when the service is completed or finished is a key factor. This may be when the service provider finishes the required activities or when the recipient acknowledges the completion.
  2. Issuance of Invoice: In some jurisdictions, the time of supply is linked to the issuance of an invoice. It may be considered when the invoice is issued or, in some cases, when it should have been issued.
  3. Payment Received: The time when the payment for the service is received may be considered as the time of supply. This is particularly relevant in cases where payment precedes the completion of the service.
  4. Agreement or Contractual Terms: The terms of the agreement or contract between the service provider and the recipient may specify when the service is deemed to be supplied.

Understanding the time of supply is essential for proper tax compliance and helps prevent issues related to the late payment or non-payment of excise taxes. It provides clarity on when the tax liability arises, aiding both businesses and tax authorities in managing their financial and regulatory responsibilities.





QUESTION 3(b)

Q Summarise four categories of goods that are subject to customs control as provided in the East African Community Customs Management Act (EACCMA) or equivalent legislation.
A

Solution


Categories of Goods Subject to Customs Control in EAC


The East African Community Customs Management Act (EACCMA) or equivalent legislation outlines several categories of goods subject to customs control. These categories generally include:

  1. Imported Goods: Goods entering the East African Community (EAC) region from other countries.
  2. Exported Goods: Goods leaving the EAC region for other countries.
  3. Transit Goods: Goods passing through the EAC territory from one country to another.
  4. Restricted or Prohibited Goods: Goods regulated due to safety, health, environmental, or security concerns.
  5. High-Value Goods: Luxury items, precious metals, and high-tech equipment subject to customs control.
  6. Excisable Goods: Goods subject to excise duties, such as alcoholic beverages and tobacco products.
  7. Perishable Goods: Fresh produce and certain food items requiring timely customs clearance.
  8. Controlled Substances: Goods like narcotics and hazardous chemicals subject to strict customs monitoring.
  9. Goods Subject to Quotas: Goods limited by import or export quotas.
  10. Intellectual Property Goods: Goods protected by intellectual property laws, monitored for counterfeiting.
  11. Sensitive or Strategic Goods: Strategic items for national security, such as military equipment.
  12. Goods for Temporary Importation: Goods temporarily imported for exhibitions or repairs.




QUESTION 3(c)

Q (i). Adjusted taxable profit or loss for the partnership for the year ended 31 December 2016.

(ii). A schedule showing the distribution of the partner's profit or loss calculated in (c)(i) above
A

Solution


(i). Adjusted taxable profit or loss for the partnership for the year ended 31 December 2016.

Bakar Associates
Compilation of adjusted taxable profit/loss
for the year income 2016


Reported net profits
Add: Disallowable deduction
Depreciation
Salary to partner
General provision for bad debt
Fine for audit fee
Computer software
Rental expenses
Vat paid
Purchase of computer
Stamp duty
Office partition
Partners private insurance policies
Less:
Rental income
Profit on sale of aid computer
Capital allowance
Computer Software 20% × 60,000
Office partition 12.5% x 82,000
Computer 30% x 140,000
Adjusted profit
Sh.
1,068,000

140,000
350,000
82,000
40,000
60,000
90,000
360,000
140,000
18,000
82,000
960,000

(380,000)
(260,000)

(12,000)
(10,250)
(42,000)
2,685,750


(ii). A schedule showing the distribution of the partner's profit or loss calculated in (c)(i) above

Partners distribution schedule

Bakahari
Ksh
Kamanda
Ksh
Total
Ksh
Interest on capital
Salary to partner
Share of profit
Taxable profit
300,000
220,000
892,875
1,412,875
250,000
130,000
892,875
1,272,875
550,000
350,000
1,785,750
2,685,750





QUESTION 4(a)

Q During a tax seminar, a facilitator noted that "one of the current challenges facing the revenue authority is failure to collect the targeted revenue set out in the national budget"

Summarise four measures undertaken by the revenue authority to enhance revenue collection in your country.
A

Solution


Measures to Enhance Revenue Collection


  1. Improved Tax Compliance and Enforcement: Strengthening tax compliance measures, including stricter enforcement of tax laws, audits, and penalties for non-compliance.
  2. Technology Integration: Implementing technology-driven solutions such as electronic filing systems, online payment platforms, and data analytics to enhance efficiency and reduce tax evasion.
  3. Taxpayer Education and Outreach: Conducting comprehensive taxpayer education programs to increase awareness of tax obligations, deadlines, and benefits, fostering voluntary compliance.
  4. Simplification of Tax Procedures: Streamlining and simplifying tax procedures to make compliance easier for taxpayers, reducing the likelihood of errors and non-compliance.
  5. Risk-Based Auditing: Adopting risk-based auditing approaches to target high-risk sectors and taxpayers, optimizing audit resources for maximum impact.
  6. Collaboration with Other Agencies: Collaborating with other government agencies to share information and identify potential areas for revenue leakage, improving overall governance.
  7. Incentives for Voluntary Compliance: Introducing incentive programs to encourage voluntary compliance, such as reduced penalties for timely and accurate tax filings.
  8. Customized Compliance Programs: Developing tailored compliance programs for specific industries or sectors, recognizing unique challenges and ensuring fair taxation.
  9. Data Sharing and Analysis: Enhancing data-sharing mechanisms among government departments to cross-verify information and identify discrepancies in financial records.
  10. International Cooperation: Collaborating with international organizations and tax authorities to combat cross-border tax evasion and avoidance.
  11. Review and Update of Tax Policies: Regularly reviewing and updating tax policies to address emerging economic trends, technological advancements, and changes in business models.
  12. Capacity Building: Investing in the training and development of revenue authority staff to enhance their skills in tax administration, enforcement, and customer service.
  13. Monitoring and Evaluation: Implementing robust monitoring and evaluation mechanisms to assess the effectiveness of revenue collection strategies and make necessary adjustments.
  14. Whistleblower Programs: Establishing whistleblower programs to encourage individuals to report tax evasion, providing incentives for information leading to successful enforcement actions.
  15. Continuous Stakeholder Engagement: Engaging with stakeholders, including businesses, industry associations, and the public, to gather feedback, address concerns, and build a collaborative approach to revenue collection.




QUESTION 4(b)

Q Argue four cases against indirect taxes imposed in your country.
A

Solution


Arguments Against Indirect Taxes


  1. Regressive Nature: Indirect taxes can be regressive, disproportionately affecting lower-income individuals.
  2. Impact on Basic Necessities: Taxing essential items may contribute to increased economic inequality.
  3. Complexity and Compliance Costs: Administering and complying with indirect taxes can be complex and costly, particularly for small businesses.
  4. Inflationary Pressures: Indirect taxes can contribute to inflation, reducing the purchasing power of consumers.
  5. Encourages Informal Economy: High indirect taxes may incentivize businesses to operate informally to avoid tax liabilities.
  6. Limited Ability to Target Behavior: Indirect taxes may not effectively influence specific behaviors with negative externalities.
  7. Shifts Tax Burden to Consumers: The burden of indirect taxes often falls on consumers as businesses pass on the costs through higher prices.
  8. Potential for Tax Evasion: Complex tax systems may create opportunities for tax evasion, leading to revenue losses.




QUESTION 4(c)

Q (i) Taxable income of Philip Kitcher for the Sear ended 31 December 2016,

(ii) Tax liability (if any) from the income computedán (c)(i) above.
A

Solution


(i) Taxable income of Philip Kitcher for the Sear ended 31 December 2016,

Philip Kitcher
Computqtion of taxable income year of income 2016


Basic salary
Car benefit:
➢ cc rate
➢ 2% x 12 x 2,000,000 x 25%
= 86,400
= 120,000
}higher
Furniture 1% x 12 x 280,000 x 8 / 12
Medical benefit
Bonus
Shares 20,000(39 - 30)
School fees
Total income before the house benefit
House benefit
➢ 15% x 4,172,400 x 8 / 12
➢ Market value 4,500 x 9
= 417,240
= 40,500
}higher

Less:Allowable deduction
Mortage Interest:
➢ Actual 10% x 3,000,000 x 6 / 12
➢ Set limit 300,000 / 12 x 6
= 150,000
= 150,000
}Lower
Pension:
➢ Actual 32,000 x 12
➢ Set limit
= 384,000
= 240,000
}Lower
Total taxable employment income
Other incomes
Business income(200,000)
Net loss
Add:Disallowable deduction
Fixtures 80,000
Salary son 60,000
Adjusted loss 80,000 + 60,000 - 200,000 = -60,000
Professional fee 95,000 x 100 / 95
Total taxable income
Sh
3,000,000


120,000
22,400
520,000
90,000
180,000
240,000
4,172,400

417,240

4,589,640


(150,000)


(240,000)

4,199,640







100,000
4,299,640


(ii) Tax liability (if any) from the income computedán (c)(i) above.

121,968 @ 10% + 114,912 @ 60%
Surplus (4,299,640 - 466,704) @ 30%
Gross tax payable
Less: personal relief
P.A.Y.E 38,500 x 12
Withhold tax - profession fees
Net tax payable
81,144
1,149,880.8
1,231,024.8
(13,944)
(462,000)
(5,000)
750,080.8





QUESTION 5(a)

Q The imposition of penalties under various tax legislation is meant to achieye certain objectives.

In relation to the above statement:

(i) Identify two objectives of imposing tax penalties.

(ii) Assess two circumstances under which the imposition of penalties might not achieve the intended objectives.
A

Solution


Objectives and Challenges of Tax Penalties


(i) Objectives of Imposing Tax Penalties:


  1. Deterrence: Penalties serve as a deterrent to non-compliance and tax evasion.
  2. Revenue Generation: Penalties contribute to revenue generation for the government.
  3. Fairness and Equity: Penalties ensure fairness and equity by holding individuals and businesses accountable.
  4. Compliance Improvement: Penalties are intended to improve overall tax compliance.
  5. Correction of Behavior: Penalties are a tool for correcting undesirable behavior.
  6. Protection of Revenue Base: Penalties help protect the government's revenue base by discouraging activities that erode the tax base.

(ii) Circumstances Under Which Penalties Might Not Achieve Intended Objectives:


  1. Excessive Penalties: If penalties are excessively high, they may be perceived as unfair and disproportionate.
  2. Lack of Enforcement: Weak enforcement mechanisms can undermine the effectiveness of penalties.
  3. Complexity of Tax Laws: Overly complex tax laws may lead to unintentional violations.
  4. Inadequate Communication: Poor communication regarding tax obligations can lead to misunderstandings.
  5. Economic Hardship: During economic downturns, heavy penalties may exacerbate financial difficulties.
  6. Inability to Pay: Penalties without considering the ability to pay may hinder compliance.
  7. Legal Challenges: Penalties subject to frequent legal challenges may create ambiguity.




QUESTION 5(b)

Q Outline four circumstances under which value added tax (VAT) could be refunded
A

Solution


Circumstances Under Which VAT Could Be Refunded


Value Added Tax (VAT) is a consumption tax that is typically assessed at each stage of the production and distribution chain. VAT is designed to be a tax on the value added at each stage of production or distribution, and it is usually a non-refundable tax for end consumers. However, there are circumstances under which VAT could be refunded, often involving business transactions and specific conditions. Here's an outline of some common circumstances:

  1. Export of Goods: Businesses exporting goods may be eligible for a VAT refund to avoid taxing products for international markets.
  2. Zero-Rated Supplies: Certain goods or services with a 0% VAT rate may qualify businesses for a VAT refund.
  3. Exempt Supplies: Businesses engaged in the production or distribution of exempt supplies may be eligible for a VAT refund.
  4. Investment in Capital Goods: Purchases of capital goods used for production may entitle businesses to a VAT refund.
  5. Overpayment or Erroneous Payments: Businesses can claim a refund if there's an overpayment or erroneous payment of VAT.
  6. VAT on Bad Debts: Refund may be possible for VAT charged on sales that became bad debts.
  7. Special Refund Schemes: Some jurisdictions have special schemes for specific economic activities, allowing businesses to claim VAT refunds.
  8. Tourist Refunds: Tourists may claim a VAT refund on goods purchased in regions where VAT is applied to tourists.
  9. Recovery of Input Tax Credits: Businesses may be eligible for a VAT refund when input tax exceeds output tax during a specific period.




QUESTION 5(c)

Q Capital allowances due to Kiwanda Ltd. for the year ended 31 December 2015 and 2016
A

Solution


Investment Allowance


2015

Asset
Factory building
Processing machine
Conveyor belt
Sewerage system
Heating plant
Loose tool

Qualifying cost
5,800,000
2,140,000
300,000
1,600,000
1,750,000
120,000
11,710,000
Rate 100%
5,800,000
2,140,000
300,000
1,600,000
1,750,000
120,000
11,710,000

2016

Packaging machine
Boilers
Boreholes
Factory extension
Generator

1500,000
960,000
800,000
1,200,000
380,000
4,840,000
1,500,000
960,000
800,000
1,200,000
380,000
4,840,000


Industrial allowance


2015

Asset
Staff canteen
Warehouse
Sports pavilion

Qualifying cost
1,800,000
600,000
800,000

Rate
10%
10%
10%

Allowance
180,000
60,000
80,000
320,000
Residual
1,620,000
540,000
720,000


2016

Asset
Staff canteen
Warehouse
Sports pavilion
Staff clinic

Qualifying cost
1,800,000
600,000
800,000
3/12 x 2,600,000

Risidual bal
1,620,000
540,000
720,000


Rate
10%
10%
10%
10%

Allowance
180,000
60,000
80,000
65,000
385,000
Residual
1,440,000
480,000
640,000
2,355,000



Wear & Tear allowance


Class I
37.5%
II
30%
III
25%
IV
12.5%
W.D.V 01/01/2015
Additions
Computer
Delivery van
Net asset
Wear and tear allowance
W.D.V 31/12/2015
W.D.V 31/12/2016
Additions
Furniture
Toyota Land Cruiser
Saloon Car
Motor Cycle
Scanner
Wheel barrow
Disposal
Delivery van
Net Asset
W&T
W.D.V 31/12/2016


480,000

480,000
(144,000)
336,000
336,000





140,000



476,000
(142,800)
333,200



5,200,000
5,200,000
1,300,000
3,900,000
3,900,000


2,000,000
1,800,000
220,000



(1,400,000)
6,520,000
(1,630,000)
4,890,000









280,000




360,000


640,500
80,000
560,000



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