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Microsoft Word - HA3042 Individual Assignment T3.2019 HA3042 Taxation Law Individual Assignment T3.2019 HOLMES INSTITUTE FACULTY OF HIGHER EDUCATION Assessment Details and Submission Guidelines...

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Microsoft Word - HA3042 Individual Assignment T3.2019
HA3042 Taxation Law Individual Assignment T3.2019



HOLMES
INSTITUTE

FACULTY OF
HIGHER
EDUCATION

Assessment Details and Submission Guidelines
Trimester T3 2019
Unit Code HA3042
Unit Title Taxation Law
Assessment Type Assignment
Assessment Title Individual Assignment
Purpose of the
assessment (with
ULO Mapping)
Students are required to follow the instructions by your lecturer to confirm any
elevant information. You also need to follow any relevant announcement on
Blackboard to confirm the due date and time of the assignment.

The individual assignment will assess students on the following learning outcomes:
1. Practical skills and knowledge of tax law concepts (e.g. Income and deductions
and CGT) (ULO 1).
2. Ability to analyse tax law issues (ULO 2).
3. Ability to apply legal tax principles (ULO 3).
Weight This assignment task accounts for 25 % of total marks in this unit.
Total Marks This assignment task accounts for 25 marks of total marks in this unit.
Word limit Max 2000 words (acceptable to be 10% above or below this word limit)
Due Date XXXXXXXXXXRefer to the Unit Outline, as Normal Mode & Block Mode have different due
dates.
Submission
Guidelines
ï‚· Answer all questions.
ï‚· This assignment along with a completed Assignment Cover Page is to be
submitted on Blackboard by the due date in soft-copy only.
 The self-check links are no longer available as a separate link in each unit’s
assessment. Students are now limited to attempt any given assignment
submission a maximum of three times. After every attempt you will receive
a SafeAssign originality report with Blackboard Learning Management
System. This will provide detailed information about the matches found
etween your submitted works and existing sources.
ï‚· The assignment is to be submitted in accordance with assessment policy
stated in the Unit Outline and Student Handbook.
ï‚· It is the responsibility of the student submitting the work to ensure that the
work is in fact his/her own work. Incorporating another’s work or ideas into
one’s own work without appropriate acknowledgement is an academic
HA3042 Taxation Law Individual Assignment T3.2019

offence.
ï‚· The assignment must be in MS Word format, no spacing, 12-pt Arial font
and 2 cm margins on all four sides of your page with appropriate section
headings and page numbers.
ï‚· Reference sources must be cited in the text of the report, and listed
appropriately at the end in a reference list using Harvard referencing style.
You also must refer to relevant legislation and/or case law in your answer.
Reference sources must be cited in the text of the report, and listed
appropriately at the end in a reference list using Harvard referencing style.
ï‚· Note: Assessment task is set around the work that you have done in class.
You are not expected to go outside the content of the unit but you are
expected to explore it.

Individual Assignment Specifications
Purpose:

This assignment aims at assessing students on the Learning Outcome from 1 to 3 as mentioned
above.

Assignment structure should be as the following:

Question 1: Capital Gains Tax Weighting
Identification of material facts regarding Sophia’s capital gains tax (CGT) concerns
in the given scenario, and the critical discussion of CGT consequences relevant to the
assignment question.
2 Marks
Identification and analysis of legal issues / legal question and relevant taxation law in
egards to Sophia’s capital gains tax (CGT) (e.g. ITAA 1936 and ITAA 1997).
5 Marks
Thorough yet succinct application of tax law (e.g. ITAA 1936 and ITAA 1997) to
material facts in Sophia’s capital gains tax (CGT) scenario.
3 Marks
Co
ect information and taxation law regarding the capital gains tax (CGT) have been
used and properly cited. A detailed analysis has been performed.
2.5 Marks
Detailed and accurate capital gains tax (CGT) conclusions are reached from the
discussions.
2.5 Marks
QUESTION 1 TOTAL MARKS: 15 MARKS
Question 2: Income and deductions XXXXXXXXXXWeighting
Issue: The issue to be discussed is whether Ava’s outgoings are an allowable
deduction or expenses of a private and domestic nature. Students should be able to
show their understanding of the character of the outgoings being examined.
2 Marks
Law and Application: Discussion of the nature of each of the different types of
outgoings and apply them to the relevant law. Set out the legal principles that will be
used to address the problem. Source legal principles from cases and legislation.
3 Marks
HA3042 Taxation Law Individual Assignment T3.2019

Law and Application: Students need to discuss whether:
- There is a connection between the outgoings and the assessable income so
that the outgoings are incidental and relevant to the
gaining of assessable income.
- Or whether the outgoings have the character of being a private or domestic
expense.
- Set out the legal principles that will be used to address the problem. Source
legal principles from cases and legislation.
3 Marks
Conclusion: Stand back and play ‘the judge.’ Choose the arguments and conclusions
you think are the strongest and articulate what you believe to be the appropriate
answer to the given scenarios.
2 Marks
QUESTION 2 TOTAL MARKS: 10 MARKS

Assignments’ Instructions and Requirements
QUESTION 1 XXXXXXXXXX15 MARKS)

Sophia has visited her accountant, John and has provided him a listing of the transactions she has
undertaken throughout the financial year to assist John in completing Sophia’s 2018 income tax
eturn. The listing of the transactions is as follows:
a) Sale of a block of land in Ninety Mile Beach for $800,000: Sophia purchased the land for
$130,000 as an investment in 1991. She also paid $800 in stamp duty, $1,200 in legal fees.
Before purchasing the land Sophia had to secure a bank loan and paid interest totalling
$27,000. During the period of ownership her council rates, water rates and insurance totalled
$18,500. In January 2008 a dispute occu
ed with a neighbour over the use of the land and
legal fees incu
ed amounted to $8,000 in resolving this dispute. Before putting the property
on the market $1,500 was spent to remove a number of large dangerous pine trees that were
on the land. Advertising, legal fees and agent's fees on the sale of the land were $25,000.
) Sale of Sophia’s shares in ABC Co for $32.20 per share. Sophia had 2000 share: Sophia paid
1%
okerage fee on the sale. She initially purchased the shares for $1.50 per share in 1983.
c) Sale of a stamp collection Sophia had purchased, from a private collector, in January 2018
for $33,000: she sold the collection at auction for $23,000. Auction fees totalled $3,000 for
the sale.
d) Sale of a Bob Marley Guitar for $45,000: It was initially bought for $70,000 in 2003.
Advise Sophia of the capital gains tax consequences of the above transactions. Ignore indexation.
Your answer must include references to relevant tax law and or cases.
HA3042 Taxation Law Individual Assignment T3.2019

QUESTION 2 XXXXXXXXXX10 MARKS)

Ava visits his accountant David and asks him whether the following outgoings incu
ed by her are
allowable deductions. Ava has recently completed her medical degree and taken up employment in
Sunshine Hospital. Ava incu
ed the following outgoings:
(a) Travel expenses to Sunshine Hospital for the job interview $320
(b) Ava moving expenses from her home in Darwin to relocate in Sunshine, Victoria $1800
(c) Payment of white’s uniform which are compulsory for doctors to wear at work $200
(d) Ava paid $18,200 childcare expenses for her two-year-old daughter.
(e) Ava made phone calls from her home phone to Sunshine Hospital after hours to check on patients
this costs Ava $200
(f) When working evening shifts, Ava purchased $570 food from the hospital café bar.
(g) Ava received a $207 speeding fine when she was running late to Sunshine Hospital for an
emergency visit.
(h) Ava incu
ed $330 travel expense to and from work.
Advise Ava of the deductibility of the above-mentioned transactions. Your answer must include
eferences to relevant tax law and or cases.

Assignment Structure should be as the following (students’ responses involves calculations, and
students must refer to the relevant legislation and cases whenever required according to the
questions).
For question 1, address the following elements:
Identification of material facts regarding Sophia’s capital gains tax (CGT) concerns in the given
scenario, and the critical discussion of CGT consequences relevant to the assignment question.
Identification and analysis of legal issues / legal question and relevant taxation law in regards to
Sophia’s capital gains tax (CGT) (e.g. ITAA 1936 and ITAA 1997).
Answered Same Day Jan 14, 2021 HA3042

Solution

Preeta answered on Jan 18 2021
151 Votes
Question 1:
John has been given the responsibility to complete the income tax return of Sophia for the year 2018. All the details have been provided regarding the sale of assets and capital gain or loss have been calculated.
Indexation method can be applied for such assets which have been in possession of the owner for more than 12 months. But due to specific instruction indexation method has been avoided for each of the asset but discount method has been applied.
a) Sale of land:-
Sophia purchased a land in Ninety Mile Beach in 1991 for $130,000 as a mode of investment. $800 was paid as stamp duty and $1,200 was paid as legal fees. She purchased the land by taking a bank loan. The loan was taken before the purchase only and $27,000 had to be paid as the interest of the loan. While continuing to be the owner of the land, Sophia paid $18,500 as the council rates, water rates and insurance. A dispute with neighbor in 2008 over land use led to legal cases. So, legal fees of $8,000 had to be spent to resolve the issue. A pre sale cost of $1,500 had to be made on removing large pine trees from the land which were growing dangerously. $25,000 was spent on advertising, legal fees and agent’s fees. Finally the land was sold for $800,000 in 2018.
Cost of acquisition = Purchase price + stamp duty + legal fees + finance charges + council rates, water rates and insurance
Note: Legal charges incu
ed to end dispute with the neighbor will not be considered as cost of acquisition since that was not necessary. Cost of cutting trees will also not be included in the cost of acquisition for the same reasons.
Cost of acquisition = $130,000 + $800 + $1,200 + $27,000 + $18,500
Cost of acquisition = $177,500.
Capital Gain = Selling Price – Cost of Acquisition
Selling price = Selling price - Advertising, legal fees and agent’s fees
Selling price = $800,000 - $25,000
Selling price = $775,000
Capital gain = $775,000 - $177,500
Capital gain = $597,500
) Sale of shares:-
Sophia purchased 2,000 shares of ABC Co for $1.50 per share in 1983. The shares were sold for $32.20 per share in 2018. 1%
okerage fee was paid on the sale.
Cost of acquisition = 1.5*2000
Cost of acquisition = $3,000
Capital Gain = Selling Price – Cost of Acquisition
Selling price = Selling price – Brokerage fee
Selling price = $32.20*2,000 – 1%($32.20*2,000)
Selling price = $64,400 - $6,440
Selling price = $57,960
Capital gain = $57,960- $3,000
Capital gain = $54,960
c) Sale of stamp collection:-
Sophia purchased a stamp collection from a private collector in January, 2018 for $33,000. The collection was sold for $23,000 at auction. Auction fees of $3,000 had to be paid.
Cost of acquisition = $33,000
Selling price = Selling price – Auction Fees
Selling price = $23,000 - $3,000
Selling price = $20,000
Capital gain = $20,000 - $33,000
Capital Loss = $13,000
d) Sale of guitar:-
Sophia bought Bob Marley Guitar in 2003 for $70,000. It was sold in 2018 for $45,000.
Cost of acquisition = $70,000
Capital Gain = Selling Price – Cost of Acquisition
Selling price = $45,000
Capital gain = $45,000 - $70,000
Capital loss = $25,000
So, the capital gain/loss results of Sophia are as follows:
Capital gain on sale of land = $597,500
Capital gain on sale of share = $54,960
Capital loss on sale of stamp collection = $13,000.
Capital loss on sale of guitar = $25,000
Total Capital loss = $37,000
Total Capital gain = $652,460
So, overall capital gain = $652,460 - $37,000
Capital gain = $615,460
As per Australian Taxation Office, for an asset to be eligible for applying discount method all the following criteria should be satisfied:
(i) The assessee is an individual, trust or is complying...
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