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HI6028 Taxation Theory, Practice and Law T2 2018 HI6028 Taxation Theory, Practice & Law T2 2018 Individual Assignment (2500 words) XXXXXXXXXXDue date: Week 10 XXXXXXXXXXMaximum marks: 20 (20%)...

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HI6028 Taxation Theory, Practice and Law T2 2018



HI6028 Taxation Theory, Practice
& Law

T2 2018 Individual Assignment
(2500 words)


XXXXXXXXXXDue date: Week 10
XXXXXXXXXXMaximum marks: 20 (20%)



Instructions:
This assignment is to be submitted by the due date in soft-copy
only (Safe assign – Blackboard).

The assignment is to be submitted in accordance with
assessment policy stated in the Subject 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. Ensure that
when incorporating the works of others into your submission
that it is appropriately acknowledged.












HI6028 Taxation Theory, Practice and Law T2 2018


Question 1 (10 marks)

You are working as a tax consultant in Mayfield, NSW. Your client is an investor and antique
collector. You have ascertained that she is not ca
ying on a business. Your client provides
the following information of sales of various assets during the cu
ent tax year:

(a) Block of vacant land. On 3 June of the cu
ent tax year your client signed a
contract to sell a block of vacant land for $320,000. She acquired this land in
January 2001 for $100,000 and incu
ed $20,000 in local council, water and
sewerage rates and land taxes during her period of ownership of the land. The
contract of sale stipulates that a deposit of $20,000 is payable to her when the
contract of sale is signed and the balance is payable on 3 January of the next tax
year, when the change of ownership will be registered.

(b) Antique bed. On 12 November of the cu
ent tax year your client had an antique
four-poster Louis XIV bed stolen from her house. She recently had the bed valued
for insurance purposes and the market value at 31 October of the cu
ent tax year
was $25,000. She purchased the bed for $3,500 on 21 July 1986. Although the
furniture was in very good condition, the bed needed alterations to allow for the
installation of an innerspring mattress. These alterations significantly increased the
value of the bed, and cost $1,500. She paid for the alterations on 29 October 1986.
On 13 November of the cu
ent tax year she lodged a claim with her insurance
company seeking to recover her loss. On 16 January of the cu
ent tax year her
insurance company advised her that the antique bed had not been a specified item
on her insurance policy. Therefore, the maximum amount she would be paid under
her household contents policy was $11,000. This amount was paid to her on 21
January of the cu
ent tax year.

(c) Painting. Your client acquired a painting by a well-known Australian artist on 2 May
1985 for $2,000. The painting had significantly risen in value due to the death of the
artist. She sold the painting for $125,000 at an art auction on 3 April of the cu
ent
tax year.

(d) Shares. Your client has a substantial share portfolio which she has acquired over
many years. She sold the following shares in the relevant year of income:
(i) 1,000 Common Bank Ltd shares acquired in 2001 for $15 per share and sold on
4 July of the cu
ent tax year for $47 per share. She incu
ed $550 in
okerage
fees on the sale and $750 in stamp duty costs on purchase.
(ii) 2,500 shares in PHB Iron Ore Ltd. These shares were also acquired in 2001 for
$12 per share and sold on 14 Fe
uary of the cu
ent tax year for $25 per share.
She incu
ed $1,000 in
okerage fees on the sale and $1,500 in stamp duty
costs on purchase
(iii) 1,200 shares in Young Kids Learning Ltd. These shares were acquired in 2005
for $5 per share and sold on 14 Fe
uary of the cu
ent tax year for $0.50 per
share. She incu
ed $100 in
okerage fees on the sale and $500 in stamp duty
costs on purchase.
(iv) 10,000 shares in Share Build Ltd. These shares were acquired on 5 July of the
cu
ent tax year for $1 per share and sold on 22 January of the cu
ent tax year
for $2.50 per share. She incu
ed $900 in
okerage fees on the sale and
$1,100 in stamp duty costs on purchase.

(e) Violin. Your client also has an interest in collecting musical instruments. She plays
the violin very well and has several violins in her collection, all of which she plays on
HI6028 Taxation Theory, Practice and Law T2 2018

a regular basis. On 1 May of the cu
ent tax year she sold one of these violins for
$12,000 to neighbor who is in the Queensland Symphony Orchestra. The violin cost
her $5,500 when she acquired it on 1 June 1999.
Your client also has a total of $8,500 in capital losses ca
ied forward from the previous
tax year, $1,500 of which are attributable to a loss on the sale of a piece of sculpture
which she sold in April of the previous year.

Required:

Based on this information, determine your client’s net capital gain or net capital loss for the
year ended 30 June of the cu
ent tax year.


Question 2 (10 marks)

Rapid-Heat Pty Ltd (Rapid-Heat) is an Electric Heaters manufacturer which sells Electric
Heaters directly to the public. On 1 May 2017, Rapid-Heat provided one of its employees;
Jasmine, with a car as Jasmine does a lot of travelling for work purposes. However,
Jasmine's usage of the car is not restricted to work only. Rapid-Heat purchased the car on
that date for $33,000 (including GST).

For the period 1 May 2017 to 31 March 2018, Jasmine travelled 10,000 km in the car and
incu
ed expenses of $550 (including GST) on minor repairs that have been reimbursed by
Rapid-Heat. The car was not used for 10 days when Jasmine was interstate and the car was
parked at the airport and for another five days when the car was scheduled for annual
epairs.

On 1 September 2017, Rapid-Heat provided Jasmine with a loan of $500,000 at an interest
ate of 4.25%. Jasmine used $450,000 of the loan to purchase a holiday home and lent the
emaining $50,000 to her husband (interest free) to purchase shares in Telstra. Interest on a
loan to purchase private assets is not deductible while interest on a loan to purchase
income-producing assets is deductible.

During the year, Jasmine purchased an Electric Heaters manufactured by Rapid-Heat for
$1,300. The Electric Heaters only cost Rapid-Heat $700 to manufacture and is sold to the
general public for $2,600.


Required:

(a) Advise Rapid-Heat of its FBT consequences arising out of the above information,
including calculation of any FBT liability, for the year ending 31 March 2018. You may
assume that Rapid-Heat would be entitled to input tax credits in relation to any GST-
inclusive acquisitions.

(b) How would your answer to (a) differ if Jasmine used the $50,000 to purchase the shares
herself, instead of lending it to her husband?


    Instructions:
    This assignment is to be submitted by the due date in soft-copy only (Safe assign – Blackboard).
Answered Same Day Sep 20, 2020 HI6028

Solution

Pulkit answered on Sep 29 2020
153 Votes
Solution 1
A. Sale of the block of vacant land:
The sale of the block of vacant land is made on the 03 June of the cu
ent year and attracts the capital gain tax due to cover under the definition of the capital asset of the Income tax act of Australia. The capital gain is booked when the agreement to sale is signed by the assesse and the received the sum of $ 20,000 as a part payment for the sale of land. However the vacant land was purchased by the assesse in the year 2001 January for the sum of $ 100,000 and also incu
ed the cost for the improvement amount to $ 20,000. The indexation as per the Australian tax officer is considered for the cost of acquisition and the improvement while are indexation for the year 2001 was 74.5 and for the year 2018 is 113.
The total sales consideration Is $ 320,000 and reduce by the indexation cost of acquisition to conclude the capital gain or the loss on the vacant land.
    Particulars
    Amount
    Sales Consideration
     $ 320,000.00
    Less:
    Â 
    Indexation cost of acquisition (100000*113)/74.5
     $ 151,677.85
    Indexation cost of Improvement (20000*113)/74.5
     $ 30,335.57
    Â 
    Â 
    Capital Gain on the vacant land
     $ 137,986.58
B. Stolen of Antique bed:
The stolen of the capital asset attract the tax under the income tax of the Australia and the sales consideration for that asset Is considered to be the amount that can be recovered from the asset in the form of insurance claim proceeds or if not received any proceeds then the market value substitute rule applied to the sale consideration of the capital asset.
In our case the antique bad which is considered as the capital asset was stolen from the house of assesse and the insurance claim is lodged to recover the loss and then received the claim of $ 11,000 as the proceeds from the insurance company. The assesse also incu
ed the expense of the cost of acquisition in year 1986 amount to $ 3,500 and also the cost of improvement amount to $ 1,500.
    Particulars
    Amount
    Sales Consideration (Proceeds From Insurance company)
     $ 11,000.00
    Less:
    Â 
    Indexation cost of acquisition (3500*113)/43.2
     $ 9,155.09
    Indexation cost of Improvement (1500*113)/43.2
     $ 3,923.61
    Â 
    Â 
    Capital Gain/(Loss) on stolen antique bed
     $ (2,078.70)
C. Sale of the Painting:
The sale of the capital asset attract the capital gain taxation in the Australia however there are certain kind of asset which are considered outside the gambit of the capital gain tax which are as follows:
1. Main residence of the assesse and personal moveable effect
2. Car or the motorcycle
3. Depreciable asset used solely for the taxation purpose such business fitting and accessories and furniture and fixtures.
4. Any asset acquired before the 20 September 1985.
In our case the assesse acquired the painting of the well-known Australian artist on 2nd of May 1985 and due to the death of the artist the painting becomes the rare and considered as one of the antique and valuable thing and therefore the assesse sold the painting in the cu
ent year for the amount $ 125,000 and the cost of the acquisition of the painting was $ 2000 but the asset being acquired by the assesse before 20th September 1985 this is therefore covered under the exemption criteria of the capital gain tax. Therefore the sale of the painting by the assesse will not attract the capital gain...
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