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HI6028 Taxation Theory, Practice and Law T2 2018 HI6028 Taxation Theory, Practice & Law T2 2018 Individual Assignment (2500 words) XXXXXXXXXXDue date: Week 10 XXXXXXXXXXMaximum marks: 20 (20%)...

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HI6028 Taxation Theory, Practice and Law T2 2018



HI6028 Taxation Theory, Practice
& Law

T2 2018 Individual Assignment
(2500 words)


XXXXXXXXXXDue 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.












HI6028 Taxation Theory, Practice and Law T2 2018


Question 1 (10 marks)

You are working as a tax consultant in Mayfield, NSW. Your client is an investor and antique
collector. You have ascertained that she is not ca
ying on a business. Your client provides
the following information of sales of various assets during the cu
ent tax year:

(a) Block of vacant land. On 3 June of the cu
ent tax year your client signed a
contract to sell a block of vacant land for $320,000. She acquired this land in
January 2001 for $100,000 and incu
ed $20,000 in local council, water and
sewerage rates and land taxes during her period of ownership of the land. The
contract of sale stipulates that a deposit of $20,000 is payable to her when the
contract of sale is signed and the balance is payable on 3 January of the next tax
year, when the change of ownership will be registered.

(b) Antique bed. On 12 November of the cu
ent tax year your client had an antique
four-poster Louis XIV bed stolen from her house. She recently had the bed valued
for insurance purposes and the market value at 31 October of the cu
ent tax year
was $25,000. She purchased the bed for $3,500 on 21 July 1986. Although the
furniture was in very good condition, the bed needed alterations to allow for the
installation of an innerspring mattress. These alterations significantly increased the
value of the bed, and cost $1,500. She paid for the alterations on 29 October 1986.
On 13 November of the cu
ent tax year she lodged a claim with her insurance
company seeking to recover her loss. On 16 January of the cu
ent tax year her
insurance company advised her that the antique bed had not been a specified item
on her insurance policy. Therefore, the maximum amount she would be paid under
her household contents policy was $11,000. This amount was paid to her on 21
January of the cu
ent tax year.

(c) Painting. Your client acquired a painting by a well-known Australian artist on 2 May
1985 for $2,000. The painting had significantly risen in value due to the death of the
artist. She sold the painting for $125,000 at an art auction on 3 April of the cu
ent
tax year.

(d) Shares. Your client has a substantial share portfolio which she has acquired over
many years. She sold the following shares in the relevant year of income:
(i) 1,000 Common Bank Ltd shares acquired in 2001 for $15 per share and sold on
4 July of the cu
ent tax year for $47 per share. She incu
ed $550 in
okerage
fees on the sale and $750 in stamp duty costs on purchase.
(ii) 2,500 shares in PHB Iron Ore Ltd. These shares were also acquired in 2001 for
$12 per share and sold on 14 Fe
uary of the cu
ent tax year for $25 per share.
She incu
ed $1,000 in
okerage fees on the sale and $1,500 in stamp duty
costs on purchase
(iii) 1,200 shares in Young Kids Learning Ltd. These shares were acquired in 2005
for $5 per share and sold on 14 Fe
uary of the cu
ent tax year for $0.50 per
share. She incu
ed $100 in
okerage fees on the sale and $500 in stamp duty
costs on purchase.
(iv) 10,000 shares in Share Build Ltd. These shares were acquired on 5 July of the
cu
ent tax year for $1 per share and sold on 22 January of the cu
ent tax year
for $2.50 per share. She incu
ed $900 in
okerage fees on the sale and
$1,100 in stamp duty costs on purchase.

(e) Violin. Your client also has an interest in collecting musical instruments. She plays
the violin very well and has several violins in her collection, all of which she plays on
HI6028 Taxation Theory, Practice and Law T2 2018

a regular basis. On 1 May of the cu
ent tax year she sold one of these violins for
$12,000 to neighbor who is in the Queensland Symphony Orchestra. The violin cost
her $5,500 when she acquired it on 1 June 1999.
Your client also has a total of $8,500 in capital losses ca
ied forward from the previous
tax year, $1,500 of which are attributable to a loss on the sale of a piece of sculpture
which she sold in April of the previous year.

Required:

Based on this information, determine your client’s net capital gain or net capital loss for the
year ended 30 June of the cu
ent tax year.


Question 2 (10 marks)

Rapid-Heat Pty Ltd (Rapid-Heat) is an Electric Heaters manufacturer which sells Electric
Heaters directly to the public. On 1 May 2017, Rapid-Heat provided one of its employees;
Jasmine, with a car as Jasmine does a lot of travelling for work purposes. However,
Jasmine's usage of the car is not restricted to work only. Rapid-Heat purchased the car on
that date for $33,000 (including GST).

For the period 1 May 2017 to 31 March 2018, Jasmine travelled 10,000 km in the car and
incu
ed expenses of $550 (including GST) on minor repairs that have been reimbursed by
Rapid-Heat. The car was not used for 10 days when Jasmine was interstate and the car was
parked at the airport and for another five days when the car was scheduled for annual
epairs.

On 1 September 2017, Rapid-Heat provided Jasmine with a loan of $500,000 at an interest
ate of 4.25%. Jasmine used $450,000 of the loan to purchase a holiday home and lent the
emaining $50,000 to her husband (interest free) to purchase shares in Telstra. Interest on a
loan to purchase private assets is not deductible while interest on a loan to purchase
income-producing assets is deductible.

During the year, Jasmine purchased an Electric Heaters manufactured by Rapid-Heat for
$1,300. The Electric Heaters only cost Rapid-Heat $700 to manufacture and is sold to the
general public for $2,600.


Required:

(a) Advise Rapid-Heat of its FBT consequences arising out of the above information,
including calculation of any FBT liability, for the year ending 31 March 2018. You may
assume that Rapid-Heat would be entitled to input tax credits in relation to any GST-
inclusive acquisitions.

(b) How would your answer to (a) differ if Jasmine used the $50,000 to purchase the shares
herself, instead of lending it to her husband?


    Instructions:
    This assignment is to be submitted by the due date in soft-copy only (Safe assign – Blackboard).
Answered Same Day Sep 20, 2020 HI6028

Solution

Kanika answered on Sep 26 2020
155 Votes
1
Running Header: Taxation Theory, Practice & Law
13
Taxation Theory, Practice & Law
            
Taxation Theory, Practice & Law
Solution 1:
(A) Sale of the land is considered to be the Capital Gains tax event and land is Capital Gains tax asset as per s 108-5 then sale of the land triggers Event A1. As per s 104-10 Event A1 occurs when there is signing of the contract which in the present case falls on 3 June. Capital proceeds from the sale are $320,000 and the amount of sale price which is paid in the next year is i
elevant in the present case. Total cost base here is $120,000 which is calculated by taking the sum of the following amounts:
· $100,000 (Acquisition cost as per s 110- 25 (2), first element of cost base).
· $20,000 (rates and the land taxes as per 110-25(4), third element of cost base being land was purchased after date 20 August 1991)
Since the capital proceeds are more than total cost base so there exists the capital gain which is $200,000 ($320,000-$120,000). So $200,000 is the eligible discount capital gain as per s 115-25 (1).
(B) Antique Bed
The loss of the antique bed is the CGT asset. The stolen antique bed as per the s 104-20 (1) trigger CGT event C1. The time when the event occurs is the time when insurance company gives the compensation proceeds i.e., 21 January in present case.
Firstly it is to be determined that whether antique bed is collectable or not which will depend on condition that item falls under the one of kind list or not. Secondly with what purpose or intention did client purchased it.
In the present case as per s 108-10(2), antique bed clearly falls under antique category. Also here it is more likely that antique bed was purchased for personal use. So both of the criteria of the definitions of collectable is satisfied thus it is a collectable.
Being collectable any of the capital gains or capital loss will not be disregarded because cost base of asset as per s 118-110(1) is greater than the $500 which is calculated as follows:
Total cost base will be $5,000 which is calculated by taking the sum of the following amounts:
· $3,500 (Acquisition cost as per s 110- 25 (2), first element of cost base).
· $1,500 (expenditure incu
ed in order to increase the asset value as per 110-25(5), fourth element of cost base)
Capital proceeds of antique bed is $11,000 as under s 116-25 market value substitution rule is excluded for the event C1 and thus in present case $25,000 market value is i
elevant.
Capital gain here is $11,000-$5,000=$6,000. This is the eligible discount capital gain as per s 115-25 (1).
As antique bed here was purchased before the September 21st, 1999 so indexation will be applicable to cost base under s 114-1:
· Index number at the time bed was purchased = 77.6 (as on 1986 September quarter ending)
· Index number at the time alterations made = 79.8 (as on 1986 December quarter ending)
· Index number at the time the bed was stolen = 123.4 (as on 1999 September quarter ending) as per s 960-275.
Index factor:
· 4÷ 77.6 = 1.590 (s 960-275 (5))
· 4 ÷ 79.8 = 1.546 (s 960-275 (5))
Calculation of indexed cost base will be sum of following:
· First element of the cost base:
$3,500 × 1.590 = $5,565
· Fourth element of the cost base:
$1,500 × 1.546 = $2,319
Thus index cost base = $5,565 +$2,319 = $7,884.
As capital proceeds are greater than indexed cost base therefore capital gain exists will is: $11,000 – $7,884=$3,116
(C) Painting:
Firstly it is to be determined that whether painting, an artwork is collectable or not which will depend nature or purpose with which the owner purchased it. In the present case it is more likely that the owner purchased it for the purpose of the investment because client initially purchased it from the famous Australian artist which was subsequently sold because the value of painting increased after the death of the artist, so it will not be considered as collectable. This sale of painting here will be considered as the Capital Gain tax event which will fall within the Disposals as per s 104- (A). This sale of painting triggers event A1( as per s 104-10(1)).
Now capital proceeds = $125,000
Total cost base = $2,000
Capital gain is $125,000-$2,000=$123,000.
But since the painting was bought on May 2nd , 1985 which falls before September 20th 1985 so it is Pre-CGT asset and then capital gain will be disregarded as per s 104-10(5).
(D) Shares:
(i) In present case 1,000 shares of the common bank were sold. As per s 108-5 share in the company is the Capital Gain tax asset...
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