Great Deal! Get Instant $10 FREE in Account on First Order + 10% Cashback on Every Order Order Now

Length: 3,500 Simon works as a chiropractorfor asmall partnershipof threeotherprofessionalswho employhim to workin the office four days each week. Simonearns over $90,000 per year.Each practitioner in...

1 answer below »
Length: 3,500
Simon works as a chiropractorfor asmall partnershipof threeotherprofessionalswho employhim to workin the office four days each week. Simonearns over $90,000 per year.Each practitioner in the main practice is required to lease a paging unit themselves, so the practice secretary can contact each of them in an emergency situation.The partners of thepractice,haveco-signeda business loan to meet the costs of starting this practice, including Simon, as they are considering making him a partner. The loan is for $60,000 only and it has been taken out over 5 years at the reasonable interest rate of 8% per annum.
On the fifth day ofeach week and two evenings each week Simon travels 30 kilometres a private hospital where he takes appointments from staff and patients in a small staff lounge he pays by the hour to use. Simon spent approximately $4,000 on travelling between the practice and the hospital in the last year. The hourly rate is $120. Simon must transport his folding treatment bed and other equipment he uses, between the hospital and the main practice.?
There is a uniformSimon is expected to wear whilst at the practice.Simon has this uniform dry-cleaned regularly and last year needed to replace items of uniform.Simon spent $3,500 on his uniform last year.
In JuneSimonhad attempted to clean up the mess one of the partners, the osteopath, had leftin the office they shared. Simon fell fromthea ladder as he wasmovingboxes from the topshelf of thebookshelfand suffered injuries which prevents him from working for longer than 6 hours in any day. Ashe cannot work a full daythe partnershaveterminatedSimon's employment with them.?Simon commences legal proceedings againstthe partnership forterminating his employment and forinjurieshe has suffered dueto the alleged negligence of her employer as well as seeking to be released from the businessloan.
Simon is offered $200,000 forhis injuries and alsofour annual payments of $15,000 each in respect of the termination of his employment.
AdviseSimon of the taxation consequences of these transactions for the year, includingif Simon were to accept the offer.Would your answer be any different if Simon's employer offered to pay a lumpsum of $195,000 in return forSimon entering an agreement releasing any rights she may have against her employer???AdviseSimon and the practice of the taxation consequences of these transactions for the year with reference to the legislation, rulings and case law.?
Rationale
Rationale?This assignment has been designed so that you can:?• gather and integrate your knowledge on the topics covered thus far; ?• investigate in depth the cases, rulings and legislation that are fundamental to taxation law;?• demonstrate your understanding of the law related to income from business and derivation of income;?• demonstrate your ability to apply that knowledge to a hypothetical, practical situation;?• exercise critical and reflective judgment;?• demonstrate your ability to conduct research using provided materials as well as other legal resources; and?• develop your written skills.
Marking criteria
Assessment criteria?• In assessing your assignment the marker will expect you to:?• present an essay that is readable and coherent;?• use appropriate language, correct spelling and grammar;?• identify and analyse relevant issues;?• explain and apply relevant cases, rulings and legislation;?• reach a sound and well-reasoned conclusion;?• use appropriate referencing; and?• demonstrate time management skills.?Your mark will depend upon the degree in which you demonstrate your understanding of the topics covered thus far, and the overall presentation of your essay. For guidance, please refer to the section 'Grades and assessment guide'.?
The following criteria will form the basis of assignment of marks for each assessment.
• Ability to identify the relevant taxation question (from the facts).
To obtain a passing mark you will need to clearly identify the main and subsidiary question(s). Note: that the process of drilling down to subsidiary questions may assist the identification of the real issues for discussion.
15%
• Ability to identify the relevant legislation and other relevant material applicable to each question or subsidiary question. 20%
• Ability to present two sides of the case, consider from Lyla and from the Commissioner of Taxation’s perspective
(using cases to support each side of the argument).
25%
• Ability to present a logical conclusion based on the weighing of the relevant factors.
Conclusion should be explicit and logical response to the arguments presented.
15%
• Style: Short answers(essaystyle) with introduction, discussion and conclusion. Grammar, spelling and punctuation will be considered. 10%
• Bibliography/references, including legal referencing (proper referencing of the first case; proper referencing of the relevant act of parliament - first time only).
References should follow the Author date format and page numbers (rather than paragraph references) should be used – ie treat as a book. Cases should have proper citations as should Legislation. Correct referencing is required in this task although this requirement is relaxed in the exam and test.
15%
Total 100%

Answered Same Day Dec 20, 2021

Solution

David answered on Dec 20 2021
115 Votes
Tax
Australian taxation and law
Tax
Table of contents
 Introduction
 Background
 Analysis of transactions
 Conclusion
 References
Tax
 Introduction
Law forms an essential element of all countries as it helps maintain peace and justice. Hence
there are several laws formed in each of the nations for several purposes. Taxes are also an
important set of laws formed by the government. Tax is an essential element of all governments
and economies. The Australian taxation laws, with regard to income tax are the most significant
ones and are collected by the Federal government. In case of individual taxation, the annual
income of the individual is considered and then as per the regulations deductions are given
ased on the regulations and exemptions. The Australian tax system is a progressive taxation
system where in the higher the income, higher the tax rates. In this way the individual payable
taxes are calculated.
Industrial regulation has been defined as the rules and regulations that have been imposed on
industries as a law or the framework within which a business or an industry is bound to operate
in order to ensure that they fulfill the norms set by the government for just and smooth
operations of industries and businesses. Individuals as well as industries are to comply with
taxation laws and pay their taxes promptly (taxcalc.com.au, 2012).
There are several government regulations and industrial regulations that impact the formation of
market structures in a competitive environment. The main focus is to protect the interests of the
consumer as well as the economy at large. In this way government regulations play an important
ole not only for businesses but for several stakeholders, which may include internal as well as
external stakeholders of a firm. In this way regulations and competition laws become extremely
essential in case of the survival of an economy. Hence each of the nations has formed their own
set of laws which have to be followed by the international players as well as all of the domestic
players that participate in a particular market or even a particular sector or industry. The
Australian government requires each of the professionals to pay their taxes.
 Background
The given taxation problem consists of information for a professional, who is assumed to be a
esident and has an income above $90,000. Based on this as well as the information given in the
case, there has been a calculation done rates applicable firstly without deductions and then with
deductions thus highlighting the importance of deductions.
Tax rates applicable: for income above $80,000 = $17,547 plus 37c for each $1 over $80,000 (as
per rates for FY 2012-2013) (taxcalc.com.au, 2012).
Tax
Basic salary $90,000
Tax on income $ 21247
Medical tax levy @1.5% $ 1350
Low income tax offset -
Total $ 22597
Basic salary $90,000
Deductions
a) Interest on loan (60,000*8/100 = 4800)
) Travelling expense 4000
c) Rent of the staff lounge (120*3*4*12) 17280
d) Uniform dry cleaning 3500
e) Injuries compensation (lump sum) $ 200000 20,000
Total deductions 49,580
Net taxable income 40,420
Total tax
Tax on income $ 4683
Medical tax levy @1.5% $ 606.3
Low income tax offset ($393.70)
Total tax $ 4896.10
 Analysis of transactions
Tax
The transactions for taxation is based on the fact that deductions are allowed in the Australian
taxation system. There are several allowances as well. In case of the given situation the taxation
for an individual professional would be the most suitable. The tax rates that we consider are
ased on the cu
ent tax rates for the year 2012-2013 (as we assume that the income is earned in
the cu
ent year).
As Simon is a chiropractor, he can be considered to be a professional, we first need to consider
his residential status. The residential status needs to be considered as it is essential for the
purpose of determination of the tax position of an individual. It is not possible to assess the taxes
for an individual without knowing the residential position. In this case we assume that Simon is
an Australian resident.
As we assume him to be a resident, then we need to consider the element of tax slab. The tax
slabs in Australian taxation, for the financial year 2012- 2013 is as follows:
Tax Rates 2012-2013
TAXABLE INCOME TAX ON THIS INCOME
$0 – $18,200 Nil
$18,201 – $37,000 19c for each $1 over $18,200
$37,001 – $80,000 $3,572 plus 32.5c for each $1 over $37,000
$80,001 – $180,000 $17,547 plus 37c for each $1 over $80,000
Over $180,000 $54,547 plus 45c for each $1 over $180,000
Based on these tax slabs we need to calculate the tax for Simon. Considering that there are no
deductions we have the information that Simon has a salary of $90,000. Then we consider him to
e in the fourth tax slab where in $17547 + $ 3700 = $ 21247. This is the basic application of
tax based on the tax slabs given by the Federal government as per the taxation legislations.
But the total tax rates are calculated based on an inclusion of Medicare levy as well. The
Medicare levy is nothing but a fund created by the government in order to provide for medical
expenses. In this way we consider that as well while calculating net tax payment. The cu
ent
ate of Medicare levy is 1.5% on taxable income. It comes up to $ 1350. In this way the second
phase of tax is calculated.
Tax
After that the next calculation is of flood levy. Flood levy is a tax levied for the purpose of
infrastructural development and repair of damages that had occu
ed due to floods....
SOLUTION.PDF

Answer To This Question Is Available To Download

Related Questions & Answers

More Questions »

Submit New Assignment

Copy and Paste Your Assignment Here