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HA3042 Taxation Law T2 2018 Individual Assignment (2500 words) Due date: Week 10 XXXXXXXXXXMaximum marks: 20 (20%) Instructions: This assignment is to be submitted by the due date in soft-copy only...

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HA3042 Taxation Law

T2 2018 Individual Assignment
(2500 words)

Due date: Week 10
XXXXXXXXXXMaximum marks: 20 (20%)
Instructions:
This assignment is to be submitted by the due date in soft-copy only (Safe
assign – Blackboard).
The assignment is to be submitted in accordance with assessment policy
stated in the Subject Outline and Student Handbook.

It is the responsibility of the student submitting the work to ensure that
the work is in fact his/her own work. Ensure that when incorporating the
works of others into your submission that it is appropriately
acknowledged.
Question 1 (5 Marks)
The Lotteries Commission conducts an instant lottery called ‘Set for Life’ under
which a winner who scratches three ‘set for life’ panels wins $50,000 each year
for 20 years. The first $50,000 is payable as soon as the winner is notified, and
later amounts are payable on the first anniversary of the first payment. In the
event of the death of the winner, the Commission may pay any outstanding
amounts to the deceased’s estate.
Requirement:
Is the annual payment income? Give reasons for your decision
Question 2 (06 marks)
Corner Pharmacy is a chemist shop. It provides no credit sales but accepts major
credit cards. It sells items off the shelf and the proprietor fills prescriptions for
cash and for payments made under the Pharmaceutical Benefits Scheme [PBS].
Three (03) assistants are employed. The following financial data is provided:
Cash sales --------------------------------------------$300,000
Credit card sales-------------------------------------$150,000
Credit card reimbursements -----------------------$160,000
PBS:
- Opening balance -----------------------------------$25,000
- Closing balance ------------------------------------$30,000
- Billings ----------------------------------------------$200,000
- Receipts ---------------------------------------------$195,000
Stock
- Opening stock--------------------------------------$150,000
- Purchases-------------------------------------------$500,000
- Closing stock ---------------------------------------$200,000
Salaries ------------------------------------------------$60,000
Rent ----------------------------------------------------$50,000
Requirement:
On the assumptions that an accrual basis applies and the cost of sales and other
outlays are allowable deductions for tax purposes, calculate the pharmacy’s
taxable income.
Question 3 (04 marks)
What principle was established in IRC v Duke of Westminster [1936] AC 1? How
elevant is that principle today in Australia?
Question 4 (05 marks)
Joseph (an accountant) and his wife Jane (a housewife) bo
owed money to
purchase a rental property as joint tenants. They entered into a written
agreement which provided that Joseph is entitled to 20% of the profits from the
property and Jane is entitled to 80% of the profits from the property. The
agreement also provided that if the property generates a loss, Joseph is entitled
to 100% of the loss. Last year a loss of $40,000 arose.
Requirement:
How is this loss allocated for tax purposes? If Joseph and Jane decide to sell the
property, how would they be required to account for any capital gain or capital
loss?
Answered Same Day Sep 25, 2020 HA3042

Solution

Abr Writing answered on Sep 27 2020
140 Votes
LAW AND ITS APPLICATION
LAW AND ITS APPLICATION
Contents
TASK 1    1
FACTS:    1
ISSUE    1
LAW AND ITS APPLICATIONS    1
CONCLUSION    3
TASK 2    3
TASK 3    5
Authenticity of the said principle in Australia    6
TASK 4    7
Facts    7
Issue    7
Law and its application    7
Conclusion    9
REFERENCES:    10
TASK 1
FACTS:
The lottery department has initiated a new system for lottery named “Set for Life” along with this the winner has been paid around $ 50000 every time for fix duration of 20 years. The amount of sum has been paid yearly on the period when the initial payment made by the customer and it is the duty of the directive to pay a due sum to the deceased executor in the case of the death of an individual.
ISSUE
If the sum of $50000 has been paid annually
LAW AND ITS APPLICATIONS
Each te
itories, states, and local government have their unique and effective by-laws and laws which perform the activities with respect to raise fund for Non-profit organization and other organization which taxed accordingly. Ca
ying out such type of activities like raffle or lottery is a taxable as per the rules and regulation of the te
itory, state, and local administration and is the amount is discharged if the particular organization engaged into some charitable work or any charitable trust (McKerchar, 2005).
It is to be believed that the taxability scenario of the Lottery instruction will be quite similar and the equivalent area will be examined in terms of suitable te
itory, state, and local administration in which the particular commission has been introduced. According to the ITAA, most of the companies in Australia as well as other companies involved in the effective gambling are needed to recompense the income tax at the rate of 35% and other goods and amenities at 10% on the total sales being made at the end of the year. Along with this straight tax, there are many taxes which are imposed on the basis of bye-laws and laws of the applicable te
itory, state, and local government. The amount of taxes makes an important part and big foundation of the revenue for te
itory, state, and local government. There are many kinds of taxes which are imposed mainly for gambling operator;
· Direct taxes in the amount of revenue made by the gambling company.
· Any kind of expense in the form of license charges which is mainly paid on a periodic basis or paid initially depends upon the norms of the individual state, te
itory, and local authority.
· There are other kinds of fees and taxes charged with respect to the particular event.
The wide extent and manner of these taxes imposed varies on the source of the kinds of services provided along with the area of operation or functionality which is needed to be followed for the appropriate te
itory, state, and local government bye-laws and laws. In the recent time, many variations made in the laws and legislature on the state level should have imposed any other kind of taxes along with the taxes already imposed on the gambling operator. It has been identified that in the year 2016, there was a place named as place of consumption tax of around 15% of net revenue as taken by the customers was dispersed. The management has
ought new laws in 2017in the practice of the consumption tax.
In case of an separate identity, according to the ITAA, The award money or prize won in the lottery or draw initiated by any unapproved institute or any bank has been taxed in the income. So, if an specific person wins the lottery conducted by the authorities or commission agreed by the Australian government set for life is not taxable in income. The main aim behind not taxable the income is that having involvement in such game includes a high mark of risk in losing or winning the game as given in the case of the Trautwein v WCT(1936)56 CLR 196; Case K25 78 ATC 243; FCT v Evans 89 ATC 4540. To many people, the lottery or draws is just mere a game and for any it is their kind of income. However, the foremost reason behind not challenging the game is that it is same taxed then it will be needed expenses and losses inference which2 would be highly complex to be collect with as many individuals incurs losses instead of gains. Not about this, even the validation and truth of the transaction is quite hard to judge. So, if the government taxed the gambling game as the individual would not be able to resists themselves to play lottery and games and there would not be any other consequence on the revenue created by the state administration or the revenue generated by the gambling machinists (McKerchar, 2005).
Therefore, in case of playing lotteries and games is one of the main commercial activity of the entities then the same amount would be assessable along with the losses would be deductible....
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