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Microsoft Word - HI6028 Individual Assignment T1 2020 HI6028 Taxation Theory, Practice and Law Individual Assignment T XXXXXXXXXX HOLMES INSTITUTE FACULTY OF HIGHER EDUCATION Assessment Details and...

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Microsoft Word - HI6028 Individual Assignment T1 2020
HI6028 Taxation Theory, Practice and Law Individual Assignment T XXXXXXXXXX
HOLMES
INSTITUTE

FACULTY OF
HIGHER
EDUCATION


Assessment Details and Submission Guidelines
Trimester T2 2020
Unit Code HI6028
Unit Title Taxation Theory, Practice & Law
Assessment Type Individual Assignment
Assessment Title Case Studies of Fringe Benefits Tax and Capital Gain Tax
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. Demonstrate an understanding of the Australian income tax system, the
concept of FBT, Ordinary Income, general anti-avoidance provisions and
income tax administration. (ULO 1).
2. Identify and critically analyse taxation issues. (ULO 2).
3. Interpret the relevant taxation legislations and case law. (ULO 3).
4. Apply taxation principles to real life problems. (ULO 4).
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 Week 9, 15th of September 2020 (Before 11.59 PM AEST)
Submission Guidelines Instructions: Please read carefully to avoid mistakes.
• Answer all questions.
• 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 between your submitted works and existing sources.
• The assignment is to be submitted in accordance with assessment policy
stated in the Unit Outline and Student Handbook.
• 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 offence.
HI6028 Taxation Theory, Practice and Law Individual Assignment T XXXXXXXXXX
• 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.
• 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
eferencing style.
• 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.
HI6028 Taxation Theory, Practice and Law Individual Assignment T XXXXXXXXXX
Assignments’ Instructions and Requirements

Question XXXXXXXXXXMarks)

Perisher Pty Ltd (Perisher) is a Ski equipment manufacturer that operates around Mt Hotham in Victoria. On 1
May 2019, Perisher provided Nikita (one of its employees) with a car as Nikita does a lot of travelling for work
purposes. However, Nikita’s usage of the car is not restricted to work only. Perisher purchased the car on that
date for $44,000 (including GST) plus $2,000 (including GST) dealer delivery charges.
For the period of 1 May 2019 to 31 March 2020, Nikita travelled 12,000 kilometers in the car and incu
ed
expenses of $770 on minor repairs that have been reimbursed by Perisher. The car was not used for 10 days
when Nikita was interstate and was parked at the airport and for another five days when the car was scheduled
for annual repairs.
Calculate the Fringe Benefits Tax Liability for Perisher, please have a look at the matrix below on how to
answer the question





QUESTION 1: Calculate the FBT liability for Perisher Pty Ltd Weighting
Identification of material facts (issues) regarding fringe benefits provided to Nikita 1 %
Identification and analysis of legal issues / legal question and relevant taxation law in regards to
fringe benefits (e.g. FBTAA 1986).
1 %
Thorough application of tax law (e.g. ITAA 1936 and ITAA 1997) to material facts in Perisher’s
case.
1 %
Accurate conclusion of the FBT calculation. 5 %
Co
ect information and taxation law have been used and properly cited. A detailed analysis has
een performed.
2 %
QUESTION 1 TOTAL MARKS: 10 %

HI6028 Taxation Theory, Practice and Law Individual Assignment T XXXXXXXXXX
QUESTION XXXXXXXXXXMARKS)

Taryn would like to open a new business as an interior designer, to funds her ambition she sold some of the
following assets:

1. Antique Painting that was given to Taryn by her father 5 years ago. Taryn’s father bought it on 20 August
1984 for $2,500. Taryn sold it on 1’st June 2020 for $25,000
2. Taryn sold her car (Toyota Corolla) for the amount of $12,000 on 20’th May 2020, she bought on 1’st
January 2015 for the amount of $20,000
3. Taryn sold her Ha
y Potter’s collection for the amount of $1,500 on 4’th January 2020, she bought it
second hand on 10’th October 2018 for $350.
4. Taryn sold her gold necklace for $2,000 on 20’th March 2020, she bought it for $1,200 on 8’th August
2018
5. Taryn sold a sculpture for $6,000 on 1 January 2020, she bought it on December 1994

Advise the Capital Gain Tax Consequences for the above transactions, please have a look at the matrix
elow on how to answer the question




QUESTION 2: Capital gain tax consequences Weighting
Identification of material facts on regard to each case 2 %
Identification and analysis of legal issues / legal question and relevant taxation law for each case. 2 %
Thorough application of ITAA 1997 to material facts. 2 %
Accurate conclusions are reached from each case. 6 %
Co
ect information and taxation law have been used and properly cited. A detailed analysis has
een performed.
3 %
QUESTION 2 TOTAL MARKS: 15 %



















HI6028 Taxation Theory, Practice and Law Individual Assignment T XXXXXXXXXX
Academic Integrity

Holmes Institute is committed to ensuring and upholding Academic Integrity, as Academic Integrity is integral to
maintaining academic quality and the reputation of Holmes’ graduates. Accordingly, all assessment tasks need
to comply with academic integrity guidelines. Table 1 identifies the six categories of Academic Integrity
eaches. If you have any questions about Academic Integrity issues related to your assessment tasks, please
consult your lecturer or tutor for relevant referencing guidelines and support resources. Many of these
esources can also be found through the Study Sills link on Blackboard.
Academic Integrity
eaches are a serious offence punishable by penalties that may range from deduction of
marks, failure of the assessment task or unit involved, suspension of course enrolment, or cancellation of course
enrolment.
Table 1: Six categories of Academic Integrity
eaches
Plagiarism Reproducing the work of someone else without attribution. When
a student submits their own work on multiple occasions this is
known as self-plagiarism.
Collusion Working with one or more other individuals to complete an
assignment, in a way that is not authorised.
Copying Reproducing and submitting the work of another student, with or
without their knowledge. If a student fails to take reasonable
precautions to prevent their own original work from being copied,
this may also be considered an offence.
Impersonation Falsely presenting oneself, or engaging someone else to present as
oneself, in an in-person examination.
Contract cheating Contracting a third party to complete an assessment task,
generally in exchange for money or other manner of payment.
Data fa
ication and
falsification
Manipulating or inventing data with the intent of supporting false
conclusions, including manipulating images.
    Question XXXXXXXXXXMarks)
    QUESTION XXXXXXXXXXMARKS)
Answered Same Day Sep 06, 2021 HI6028

Solution

Sweety answered on Sep 14 2021
147 Votes
ANSWER TO QUESTION NO. 1
Fringe Benefit Tax is deducted where employer provide car to employee and the car is used for private use of employee. Employee is said to provide fringe benefit if they make available car to the employee, which is owned by them or provide the car in lease to the employee. As per ATO the term car include the following
· Any good ca
ying vehicle such as panel van or utility which has a ca
ying capacity of less than one tone.
· A sedan or station wagon
· Passenger ca
ying vehicle which has a capacity to ca
y less than nine passengers.
No fringe benefit tax shall be applicable in the following case
· If the private use of car is restricted to travel from home to work and vice versa,
· If such car is used for travel while performing employment related work. In other word the travel is only employment related travel,
· If such car is used for travel not related to work and such travel is minor, not frequent and not regular.
Some changes have been made with respect to FBT keeping in mind out
eak of novel corona virus (i.e. covid 19). The notification is not applicable in this case.
In the given question it is provided that perisher pty ltd provided one of its employee Nikita with a car who travel a lot for work related purpose. The use of car was not restricted to work purpose and is used for personal use as well. However it is assumed that personal use is i
egular and not frequent. Therefore no Fringe benefit tax is not applicable in this case. When the car is garaged in home then it is assumed that car is used for personal purpose. In the given case for 10 days the car was parked at airport for repairing which specifies that it was not personal purpose. Therefore in the given case keeping all fact in mind it is clear that no Fringe benefit tax will be applicable in this case.
ANSWER TO QUESTION NO. 2
Statement showing Capital Gain on each transaction

    Transaction No.
    Particulars
    AMOUNT
    1
    Transfer of Antique painting
    NIL
    2
    Transfer of ca
    NIL
    3
    Sale of Ha
y potter’s collection
    NIL
    4
    Sale of gold necklace
    $400
    5
    Sale of Sculpture
    NIL
NOTE: Detail explanations along with the reason and detail calculation (if CGT is applicable) are given below.
1)
Capital gain taxation applies to all assets that have been acquired, unless such assets are specifically excluded (as on 20 September 1985). For instance capital gain taxation is applicable to
· Shares, units and similar investments
· Real estates
· Crypto cu
ency
· Lease, goodwill, licenses, foreign cu
ency, contractual rights, and major capital improvement made to land or pre CGT assets
· Collectables and personal use assets above certain value.
However some capital gains...
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