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Tutorial Guide-4.... • ,1¦1. Q Discuss the tax implications of these alternatives for the firm of accountants. Question 3 Benjamin Crook is the proprietor of Collins Home Entertainment Centre. Its...

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Discuss the tax implications of these alternatives for the firm of accountants. Question 3 Benjamin Crook is the proprietor of Collins Home Entertainment Centre. Its operations include the sale of discount electrical goods, short-term rental of professional video cameras and recorders as well as a wide range of video movies. The shop also stocks spare parts which are primarily used to service the rental equipment.
In March 2016, a truck crashed into Benjamin's business premises and he lodged an insurance claim for compensation.
A breakdown of the amounts comprised in the claim is as follows:
Damaged Premises Electrical goods $700,000 75,000 16 Hire equipment 130,000 Rental movies 25,000 Spare parts 8,000 Loss of profits from temporary closure of the business 80 000
$ XXXXXXXXXX
After protracted negotiations he receives, and accepts, an offer from the insurance company of "$850,000 in full settlement of the claim". No explanation is given of how the settlement amount has been calculated.
(a) Benjamin Crook seeks your advice as to the assessability of the amount received. (HINT: Read Woellner, Chapters 6-800 to 6-910).
(b) What difference (if any) would it have made to your answer if he received the full amount of the initial claim?
Answered Same Day Dec 25, 2021

Solution

Robert answered on Dec 25 2021
121 Votes
With regards to compensation payments, the assessibility primarily relies on whether the
compensation is being offered for a payment of revenue nature or capital nature. As a result, if
compensation is being offered from any source for loss of business related income, it would be
treated as ordinary income under Section 6(5), ITAA 1997. Thus, the assessability of the
compensation payments essentially depends on the loss for which the payment is being made. In the
light of this fundamental principle, the various compensation payments would be suitably
ecognised as revenue receipts or capital receipts and therefore can be used for tax computation.
(i) Damaged Premises – The premises are essentially fixed assets for the cu
ent business and
hence any payment derived as compensation for the damage caused to the premises would be
termed as capital receipts and thus non-taxable. Further, it is assumed that there is no capital
gain in the process and thus no CGT is applicable.
(ii)...
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