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LAWS XXXXXXXXXXTERM 2, 2017 ASSESSMENT 1 - INDIVIDUAL ASSIGNMENT Marks : 40% of the overall assessment for the course Submission : Online via Moodle Format : One file in .doc or .docx (MSWord) format....

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LAWS XXXXXXXXXXTERM 2, 2017

ASSESSMENT 1 - INDIVIDUAL ASSIGNMENT

Marks: 40% of the overall assessment for the course

Submission: Online via Moodle

Format: One file in .doc or .docx(MSWord) format.

Submissions in any other file format (e.g. .zip) will be treated as a non-submission.

Word limit: XXXXXXXXXXwords

Due date extended:Week 8 Wednesday (06-Sep XXXXXXXXXX:45 PM AEST

Return to students:Week 11 Friday (29-Sep-2017)

Extensions policy:The university policy on extensions of time will be strictly enforced. Extensions will only be considered if made via the online system and based on medical or compassionate grounds. Any extension application should be made before the due date for submission. Medical conditions should be supported by a medical certificate, and, since students are expected to start the assignment early, temporary or last-minute conditions are usually not grounds for an extension. Professionals are expected to manage their time to meet their obligations, so work or personal commitments are insufficient grounds for an extension.

Plagiarism:The university’s plagiarism policy will also be strictly enforced. If plagiarism is found, a minimum penalty is likely to be zero marks for the assessment. It could be worse.

QUESTION 1: 20 marks, 20% of the subject

Advise yourclient on how the following items will be treated for tax purposes under Australian tax law:

i. Webjet frequent flyer points received by a business analyst employed by a large business consultancy firm in relation to work related travel paid for by the firm

ii. amounts received by a crane hire company from its customers for a damaged crane

iii. a free overseas holiday received by a nightclub manager from an alcohol supplier

iv. the return to its members of excess funds raised by a canoe club for the purchase of additional canoes

v. a payment made by a television station to anAustralian footballer for being named the best and fairest in the AFL

vi. Expenses relating to a building qualification for a building apprentice

vii. Expenses relating to a short course in art management in the hope of becoming an art director

viii. Expenses relating to work make-up and work dresses

ix. Expenses relating to travel between home and office

x. Expenses relating to travel between one employer and another employer

QUESTION 2: 20 marks, 20% of the subject

Manpreetis an international student studying an accounting degree at CQU, Sydney. She commenced her studies in term 1, 2016. In the 2016/2017 financial year she worked part time as an office assistant at an Accountant’s office to gain work experience in her chosen career and made $45,000 from that job. Manpreet also received $20,000 from her parents to assist her with her living expenses, and a $10,000 distribution from a trust account set up in India by her grandmother of which she paid $1,000 in foreign tax. She spent $18,500 on her studies, $2,000 on a computer and printer for educational purposes, and $500 on a new mobile which was required for work purposes.

Calculate Manpreet’s net tax payable for the 2016/2017 financial year, making reference to the taxation formula, the reasons for including or excluding specific items, your calculations, and the applicable tax law (sections of legislation and/or case law).

Assessment criteria

Evaluation Criteria

These criteria are a general guide as to the standard expected at the various levels. Characteristics indicative of the respective levels of achievement in the assignment are as follows. It is not necessarily the case that all these criteria will be met at a particular standard as there may be a superior performance on one of the criteria and not so satisfactory performance on another.

High distinction standard

· The answer is very well written and clearly expressed

· There is a demonstrated appreciation and understanding of the issues involved

· The answer is well structured and logically organised

· Demonstrated mastery of referencing system

· There is evidence of a comprehensive analysis of the issues

· Conclusions are backed by well-reasoned arguments demonstrating a detailed insight and analysis of issues

· Comprehensive coverage of all relevant issues

· References are made to the appropriated legislation for particular issues

· Statutory provisions are analysed and interpreted correctly

· The legislation is applied to the particular fact situation in a competent manner

· Consideration is given to the operation of the common law

· There may be consideration of issues not raised in the tutorials and answer guides

Distinction standard

· The answer is well written and expressed

· The answer is structured and logical

· The issues have been reasonably well identified and appreciated

· There is correct use of referencing

· Issues have been analysed

· Reference is made to all appropriate legislation, although the analysis and interpretation is not as detailed and reasoned as for the high distinction standard

· The effect of the common law is considered

· There is a comprehensive coverage of the issues

· Occasional errors of law and legal reasoning may still be present

Credit standard

· The answer is generally well written and expressed

· The answer is structured and sequential

· Referencing is satisfactory

· Issues are identified and addressed

· There has been an attempt to analyse some of the issues

· The coverage of issues is reasonably comprehensive often with a good treatment and analysis of particular points

· Errors of law and incorrect reasoning may sometimes be present

· Statutory interpretation may require improvement

· Depth of treatment is often lacking in some of the issues

· Pass standard

· The answer is able to be followed and understood

· The answer could perhaps be better organised and structured

· The referencing may need improvement

· Issues may need to be identified and addressed in more depth

· Analysis when present may be incorrect

· Some familiarity with the legislation and its application is demonstrated

· Sometimes the conclusions reached are simple

· There may be several errors of law

· There may be quantities of material of marginal relevance included in the answer

Fail standard

· The answer may be significantly short of the required length

· The written expression is poor and difficult to understand

· The answer is poorly organised

· There has been a failure to identify and address the issues in the question

· Referencing is generally inadequate

· There is a lack of familiarity with the legislation and its appropriate application

· The reasoning and application demonstrated is poor

· Frequently there is much irrelevant material

Answered Same Day Dec 27, 2021

Solution

David answered on Dec 27 2021
111 Votes
Advising to the client, mentioned below items how treated for tax purpose.
i) Webjet frequent flyer points received by a business analyst.( TR 1999/6 - flight
ewards)
According to the Australian tax, business analyst flyer points can be consider as employee
income or other income as private used but it should be taxed under certain limitation.
Lets I explain if business analyst used Web jet only for the business purpose or partly
usiness purpose and another part used in private purpose but the points can be redeemed as
cash then it is taxable as wholly in taxable employee income if she/he used flyer only for the
usiness or used partly for business and private points redeemed as cash also taxable as
employee income and another part cash taxable as other income.
But the flyer points can’t be redeemed as cash then it is considered as non taxable.
ii. Amounts received by a crane hire company from its customers for a damaged crane:
According to the Australian tax , the amount which is received by a crane company is not
fully taxable but it is having certain limitation to imposing the tax.
Crane hire company received the income from crane, so the company needs to calculate, the
emaining life of years is left for that crane and worth of the crane during in the time of
damage.
If the amount received is surplus than damage crane worth then only surplus amount is
taxed, if amount received is less than damage crane worth the loss needs to use for offset
during in the tax payer return.
Client items explained with worth.
Damage amount received is $2000, but damaged crane actual worth during in the damage
period is $1500,so $2,000 -$1,500=$500 considered as surplus and it is taxable.
Damage amount received is $1200 but damaged crane worth during in the damage period is
$1,500, so $1,200 - $1,500 =-$300 is loss need to mention for offset.
iii. A free overseas holiday received by a nightclub manager from an alcohol supplier:
According to the Australian tax , a night club manger comes under hospitality industry,
manager received free overseas holiday package needs to considered as commissions or
onus given by the alcoholic supplier because the manager made surplus sales revenue or
more sales revenue from the particular alcohol supplier drinks. Normally tax would be
imposed through annualised method such as 52 weeks or 365 days but the night club manger
employer needs to withhold 47% tax on this bonus or commissions.
Implementing the tax in client items:
Manager received holiday package considered as bonus or commission as an indirect
monetary benefits because manager not received the payment directly, but alcohol supplier
pay the amount to receive the holiday package, so that package have monetary worth so it is
taxable.
iv. The return to its members of excess funds raised by a canoe club for the purchase of
additional canoes.
According to the Australian tax, this canoe club comes under other taxable company,
ecause this club working activities shown not to get any profit but it has disbursed the
aising funds surplus to its members. So the company has to file the tax return.
Example for not to file for tax:
Flower club has raised the amount if it wants, it could be monthly, festival occasions or half
yearly basis. This cu
ent financial year club has made the profit unexpected , then the club
used profit for club operating expenses, it never think about to allocate the profit to its
premium members or members. As per Australian tax purpose this flower club need to file a
tax return.
V)A payment made by a television station to an Australian footballer for being named
the best and fairest in the AFL
As per Australian tax purpose, awards, grants, etc., considered as a tax exempted income it
means tax payer need not to pay the tax for the award income but has to mention in the tax
eturn to set off any loss.
But in this case Australian footballer payment considered as a normal income, so footballer
need to pay the tax for he
his award payment.
How it works, let check below.
First of all, footballer player duty is to play the football and income received for he
his
employment taken for taxable income, now the same player received the award payment
while showing the professional work as best, out of from he
his/other team players.
Footballer played through employer /organization/ sponsors name and received best player
payment, so this amount comes indirectly under he
his employment income so it is taxable.
Example:
A Footballer normally plays for a particular league/ sponsors etc, so they are considered for
footballer employer. The same player received amount as award related to employment only
so it is taxable. It is expected as well as normal income for sports tax payers.
A footballer plays any game such as puzzles, crossword, winning lotteries and received as
award payment considered as a exempted income, in this case footballer need not to pay the
tax, but award amount have to mention in the tax return.
vi. Expenses relating to a building qualification for a building apprentice: Sec 16-160
According to the Australian tax deduction comes under specific industries, Even though
uilding apprentice can get travel expense, work related dress and maintenance expense,...
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