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Microsoft Word - T120 ACC708 Taxation Law Take Home Final Examination 9 June 2020 T120 Take-Home Final Examination: ACC708 PG – Taxation Law Page 1 of 4 KINGS OWN INSTITUTE ACC708 Taxation Law T120...

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Microsoft Word - T120 ACC708 Taxation Law Take Home Final Examination 9 June 2020


T120 Take-Home Final Examination: ACC708 PG – Taxation Law Page 1 of 4
KINGS OWN INSTITUTE
ACC708 Taxation Law
T120
Take-Home Final Examination
Due Date for submission: 12 Midnight Sunday 14 June 2020 (submitted on TURNITIN).
Word Limit: Maximum 2,000 words.
Total Value: 50 Marks out of 100 in the overall assessment.
Instructions:
1. The Take-Home Final Examination (Final Exam) will be made available on Moodle on Friday
night 12 June 2020.
2. The Final Exam MUST be submitted electronically on TURNITIN by midnight on Sunday 14 June
2020.
3. Late submissions will be penalised according to KOI rules.
4. The KOI rules regarding plagiarism apply to the Final Exam.
5. Students should limit their answers to 2,000 words.
6. The Final Exam will consist of three (3) parts.
7. Students should attempt all parts of the Final Exam.
8. The marks that are allocated for each part are indicated at the start of each part of the Final
Exam.
9. Students must show all calculations and reasons for their answers.
10. Students must complete the standard KOI title page for assignments and submit this with their
answer but this will not count towards the word limit.
11. You are not permitted to:
a) Copy any part of your work from anyone else or
) Allow anyone else to copy any part of your work or
c) Obtain assistance by improper means or
d) Ask for help from any other person or
e) Give help to any other person.

T120 Take-Home Final Examination: ACC708 PG – Taxation Law Page 2 of 4
Newsletter TitleSECTION A (20 Marks)
Baldrick bought an investment property on 1 July 2018 for $2,000,000. He rented out his property from 1
July XXXXXXXXXXHe bo
owed $1,800,000 on the same day from the bank to buy the property. The term of the
loan was 8 years. The building was originally constructed in 2001 at a cost of $900,000. He received rent in
cash from his tenants during the year ended 30 June 2019 in the amount of $93,000. Included in this
amount was a payment of $9,000 on 30 June 2019 as rent for the month of July 2019.

Baldrick incu
ed the following expenses during the year ended 30 June 2019 in relation to the property:

 State Government Land Tax $22,500
 Loan Repayments ($52,000 principal and $130,000 interest) $182,000
 Real Estate Agent’s fee to evict a tenant for non-payment of rent $2,300
 The front window was badly damaged at the time of acquisition and replaced on 4 July 2018 $2,800
 A new refrigerator was purchased on 1 March 2019 $3,800
 Loan application fee (paid on 1 July 2018) $2,000
 Legal costs for the loan to buy the property (paid on 1 July 2018) $2,600
 Legal costs for buying the property (paid on 1 July 2018) $4,600
 Stamp duty on the purchase of the property (paid on 1 July 2018) $95,000

Baldrick wants to minimise his taxable income for this year. Assume all depreciating assets, if any, have an
effective life of 6 years. He does not wish to use the SBE election.

Required:

Advise Baldrick as to what his taxable income or loss is for the year ended 30 June 2019.

You must give reasons for your answer. Your discussion must include an analysis of the pertinent sections
of the relevant legislation, rulings and the relevant case law. If relevant, you must show your calculations.

T120 Take-Home Final Examination: ACC708 PG – Taxation Law Page 3 of 4
Newsletter Title Page 3
SECTION B (15 Marks)

Edmund Pty Ltd (an Australian resident private company) is wholly owned by Melchett Pty Ltd, another
Australian resident private company. All the shares in Melchett Pty Ltd are owned by George, an Australian
esident.

During the year ended 30 June 2019 the following events occu
ed in relation to Melchett Pty Ltd:

1 July 2018 Opening balance of franking account $60,000
4 July 2018 Payment of dividend franked to 55% $480,000
3 August 2018 Payment of Payroll Tax $170,000
28 September 2018 Payment of income tax $27,000
31 January 2019 Refund of income tax $460,000
22 Fe
uary 2019 Receipt of dividend from company outside the group, franked to 90% $280,000
2 March 2019 Payment of dividend franked to 30% $420,000
31 March 2019 Payment of income tax $44,000
2 May 2019 Refund of Land Tax $150,000
4 May 2019 Payment of Fringe Benefits Tax $3,000
30 June 2019 Payment of dividend franked to 65% $380,000

Required:

Prepare the franking account for Melchett Pty Ltd for the year ended 30 June 2019 and indicate the
consequences for Melchett Pty Ltd of the final balance of the franking account and of any beaches of the
Benchmark Rule.

You must give reasons for your answer. Your discussion must include an analysis of the pertinent sections
of the relevant legislation, rulings and the relevant case law. If relevant, you must show your calculations.

T120 Take-Home Final Examination: ACC708 PG – Taxation Law Page 4 of 4
Newsletter TitleSection C (15 Marks)
Mrs Betty Blue runs a restaurant business in Sydney as a sole trader. Her net profit from the business is
around $200,000 per year. She has no other income. Her husband, Ba
y, is not working because he is a
house husband who looks after the family. Betty and Ba
y have three children, Peter (aged 15 at school
with no income), Paul (aged 17 working full-time on $30,000 per year) and Mary (aged 19 at business
college with no income).

From your knowledge of the taxation of different entities discuss the advantages and disadvantages (purely
from a tax perspective) of Betty switching from running her business as a sole trader to each of the
following different structures:

(a) Partnership (5 Marks);
(b) Company (5 Marks) and
(c) Family Trust (5 Marks).

You must give reasons for your answer. Your discussion must include an analysis of the pertinent sections
of the relevant legislation, rulings and the relevant case law. If relevant, you must show your calculations.

END OF THE EXAMINATION
Answered Same Day Jun 13, 2021 ACC708

Solution

Suvrat answered on Jun 14 2021
148 Votes
SECTION A
Advice Baldrick as to what his taxable income or loss is for the year ended 30 June 2019.
You must give reasons for your answer. Your discussion must include an analysis of the pertinent sections of the relevant legislation, rulings and the relevant case law. If relevant, you must show your calculations.
Answer –
Rental income and other rent related income is termed as the full amount of rent and related income received during the year. The whole amount received during the year for that particular year will be termed as assessable year and must be included in the tax return during the year.
The rental income will be taxed at marginal rates. However, there are general deductions which the taxpayer can claim to reduce the tax liability.
In the given question below are the explanations related to various expenditure made during the year related to rental property purchased on 1st July 2018.
· Rental income received during the year is $93,000 which included $9,000 for July 2019, i.e. the next year. Baldrick is advised to follow accrual method of accounting in order to record rent received for the particular year only. Therefore, Rent income for the year 2018-19 will be $84,000 ($93,000 - $9,000).
· State Government Land Tax – Section 25-75 (2) of ITAA 1997, states that entity can deduct the full amount of the rates/land tax paid during the year if it uses premises for (a) to produce mutual receipts; (b) ca
ying on business to produce mutual receipts and/or (c) for producing assessable income. Since rental income is termed as assessable income $22,500 paid for land tax above is deductible.
· Loan repayments – Section 8-1 general deduction of ITAA 1997, states that one can deduct expenses from the assessable income to the extent it is incu
ed in gaining or producing taxable income. Same has been stated in section 85-15 of ITAA 1997. Principal loan repayment is capital expenditure whereas interest paid on loan is wholly for producing rental income, therefore $130,000 will be deducted from assessable income.
· Real estate Agent’s fee to evict a tenant for non-payment of rent – Real estate agent fees to evict a tenant comes under property management fees. If such management fees are spent for business related to real estate, such fees can be deducted for tax purpose as it is spent for generating assessable income (Section 8-1 of ITAA 1997). Therefore $2,300 will be allowed as deduction.
· Front window repaired – According to section 25-10 of ITAA 1997, taxpayer can deduct expenditure incu
ed for repairs to premises held solely for producing assessable income. However replacing window is an improvement and not repairs, therefore not deductible. However according to Para 15 of Taxation Ruling 97/23, repair also include improvements which does not change the character of item replaced and may include restoration to its original state or for. Replacing window does not change its character or form, hence amount spent on replacing damaged window will be termed as repair u/s 25-10 and therefore deductible.
· New refrigerator purchased – Refrigerator is a depreciable asset on which depreciation can be claimed. Depreciation on $3,800 can be claimed for 6 years. It is held for 122 days in the cu
ent year and therefore depreciation to be charged will:
Asset cost * days held/365*200%/6 = $3,800 * 122/365 * 200%/6 = $423.33.
· Loan Application fees and legal cost to for the loan – Section 25-25 of ITAA 1997 states that the taxpayer can claim deduction for bo
owing expenses, i.e. expenses related to bo
owing money spread over 5 years from the date of loan or the tenure of loan whichever is lower if the amount of expense is more than $100. In the above question both expenses are more than $100 and therefore can be claimed for 5 years (since tenure of loan is 8 years).
Therefore bo
owing expense = $2,000 + $2,600 = $4,600
Bo
owing expense to be claimed as deduction...
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