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PART A (10 marks) Anna Wanderlust is a tax lawyer who regularly travelled overseas for work. After having a baby in late 2015 she took unpaid leave from work to travel around the world. Traveling with...

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PART A (10 marks)

Anna Wanderlust is a tax lawyer who regularly travelled overseas for work. After having a baby in late 2015 she took unpaid leave from work to travel around the world. Traveling with an infant required much preparation and a reasonable amount of equipment. Anna enjoyed researching and testing travel gear, and as a consequence she developed a reasonable knowledge about traveling with young kids.

In March 2016 Anna had an idea to start a travel blog to share her experiences with other parents and keep memories of her trips. She registered her blog’s domain ‘www.babywanderlust.com’ with a paid host server at a cost of $20 per year and frequently posted tips about airlines, kid-friendly hotels and product reviews of the travel gear she used. She also regularly shared her blog photos and the links to her posts on her Instagram account and Facebook page, which generated thousands of ‘likes’ and substantially increased the number of visitors to her website.

In July 2016 a baby pram manufacturer invited Anna to test and write a review on their latest ultra-lightweight travel pram. She would not receive any money for the review however she could keep the pram, which was retailed for $600. In January 2017 a resort in Fiji offered her 1-week free accommodation (valued at $2,000) in exchange for a blog post about her stay.

Offers of that kind became frequent, and in the current income year she estimates having received a total of $22,000 in benefits, $18,000 in advertising fees, and her travel expenses amounted to $14,000.

Required: Advise Anna Wanderlust on the tax consequences of the above for the income year ending 30 June 2018, applying legislation, case law and tax rulings to support your answer.

PART B (10 marks)

In July 2017 Anna Wanderlust secured a 3-year advertising agreement with ‘La Leche’, a manufacturer of baby formula. The agreement granted La Leche the right to advertise its brand and its products on Anna’s website in exchange for a monthly fee of $600. In March 2018, La Leche was taken to Court under allegations that its products contained prohibited substances, which led to the immediate cancellation of all its advertising contracts. As a result, La Leche and Anna negotiated the termination of their contract upon La Leche paying Anna a termination fee corresponding to the expected loss of profits for the next 12 months. The amount of $7,200 was paid to Anna on 1 August 2018.

Required: Advise Anna Wanderlust on the tax consequences of the above for the income year ending 30 June 2018, applying legislation, case law and tax rulings to support your answer.

Answered Same Day Dec 27, 2021

Solution

Robert answered on Dec 27 2021
119 Votes
Running Header: Tax advice in Australia context
Title: Tax Advice in Australia Context
Presented By:
Presented To:
Date: 27/08/2017
Introduction:
Australia tax advice is the central theme of discussion in the cu
ent report. The report is presented in two parts. Both the parts are related with the tax advice and in two different circumstances. The first part is about a particular case where in Anna Wanderlust is gaining gifts from her websites for the reviews presented with. The actual amounts received and the total expenses occu
ed at the site are presented there in the report and the discussion is requested to present the tax consequences in the financial year. Complete coverage of the consequences to Anna is presented there in the report. Second part of the report is also related to a case of Anna, where in she secured around three years of advertising agreement and for the sake of the making up a baby formula. However she was convicted in court and all the advertising contacts. The consequences of the process include the loss of the profits for the next 12 years months. So in that context the termination fees for the financial year 2017-18 is explained in the second part of the report in detail. The discussion is provided with a range of real time case examples.
Part A
Anna Wanderlust from her own experience has gained reasonable knowledge about traveling with young kids. In March 2016 Anna started a travel blog ‘www.babywanderlust.com’ to share her experiences with other parents covering tips about airlines, kid-friendly hotels and product reviews of the travel gear she used. Eventually her website became popular and number of visitors started visiting her website. From July 2016 Anna started getting free gifts and free accommodations to test the offer and write a review on her website. Over a period of time these offers become frequent. In the cu
ent income year she estimates having received a total of $22,000 in benefits, $18,000 in advertising fees, and her travel expenses amounted to $14,000.
Below discussion is on the tax consequences of the above for the income year ending 30 June 2018.
First and foremost for the tax consideration is evaluation whether Anna Wanderlust’s activities falls under taxable business activities OR considered as ho
y which is not taxable. Australia Government business site defines ho
y as a “past time or leisure activity conducted in your spare time or recreation or pleasure”. As against that business activity is defined “as commercial activity with an aim to make a profit”. Common law has acknowledged several indicators that are pertinent for determining an activity is business activity or not. It is well established that ‘no single factor is deterministic’ [Evans v FC of T 89 ATC 4540; (1989) 20 ATR 922] but group of several indicators collectively determine it as business activity.
Following is the summary of indicators that have been refe
ed in Tax Ruling [TR 2005/1 Ca
ying on business as a professional artist]:-
Business activity is being undertaken
· Has significant commercial purpose or character.
· With more than intention to engage in business of making profit.
· With purpose and prospect of profit.
· Regularly and repeatedly
· As a planned and organized activity and is of similar size and scale as this line of business is ordinarily run.
For the Income year 2015-16, it is clear that Anna Wanderlust is pursuing her ho
y of writing blogs and didn’t have any income derived from her ho
y, so taxability does not arise. In income year 2016-17, she has received some income (albeit in kind), but didn’t have any intention of running blogging as commercial activity and she did not pursue in order to make profit out of it. It is quite evident that it was a ho
y from the fact that she has not solicited the business from Baby pram...
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