HI5028 TAXATION T2, 2013 ASSIGNMENT 1 Due date: Friday 30 th August Instructions: This assignment is to be submitted by the due date in both soft-copy (Safeassign – Bb) and hard copy. The assignment...

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HI5028 TAXATION


T2, 2013 ASSIGNMENT 1

Due date: Friday 30th
August

Instructions:


This assignment is to be submitted by the due date in both soft-copy (Safeassign – Bb) and hard copy.
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 appropriately acknowledged.
Maximum marks: 20 (20%)
Assignment 1: You should attempt both parts to this assignment
Note: you should incorporate all sections of the various Acts/regulations where appropriate.

Part 1: Case study

Janet (taxpayer) residing in Australia is named as the sole beneficiary of a property (1.85 hectares) with a large homestead as a result of the death of a relative on 7/10/2009. The property is not used for commercial purposes and at the date of death, the property was valued at $1.45million. Settlement took place on 21/12/2009. After moving into the homestead shortly after taking ownership, she planned to take a one-year trip which she had been planning for some time in late 2010. The taxpayer felt that the homestead was far too large for her (she is single), applied to the ATO for an exemption for ABN registration and some fourteen months later (16/2/2011), she obtained council approval to subdivide the property into three, with the intention of building three units, one she will take up as her own residence, the other two will be sold. Work commenced some weeks after approval and on 12th
December that same year, the taxpayer returned and moved into one of the apartments. The other two were sold in March/April in 2012, one selling for $1.35m (24/3/2012), the other for $1.45m (9/4/2012).
You are to consider the CGT implications both from the relevant sections (ITAA), rulings, etc. and from the values (if/where applicable). Assume that the blocks are subdivided equally. For each determination that you make, you should clarify. You should also clarify what Capital Gains and CGT is in your answer (15 marks)

Part 2: Question

Explain using examples and relevant sections of the act, what the differences between Ordinary Income and Statutory income are. Use your own examples (not from MTG or Barkoczy text) (5 marks)
Answered Same DayDec 23, 2021

Answer To: HI5028 TAXATION T2, 2013 ASSIGNMENT 1 Due date: Friday 30 th August Instructions: This assignment is...

David answered on Dec 23 2021
123 Votes
1)
Meaning of Capital gain:
A capital gain or capital loss is the difference between what your cost of purchase is or what is your
cost of acquisition and at what price you have sold or the Sale Price.
If the Sales Price is more than the cost than capital Gain will come and if the Sales Price is less than the
cost than capital Loss will come
An Asse
sse will pay tax only if he is having capital gains. Though it is known to be as capital gains tax
(CGT), but it is one of the head of Income tax and it is never considered as a separate tax.
If an assessee makes a capital loss, he cannot claim it against income but it can be used to reduce a capital
gain in the same income year.
For Example: An Assesse sold 2 flats in 1 year, Capital Gain and Capital loss from this sale was $150000
and $100000, so he can set off and so net Capital Gain as $50000.
If your capital losses exceed capital gain in a year or the assesse doesn’t have a capital gain, he can
generally carry forward the loss and can deduct it against capital gains in future years.
For example:
In the above case if capital Loss was $ 200000 than Net capital Loss would be $50000, than the assesse can
carry forward the loss and set off in the year when capital Gain will be available.
Exemptions:
Various numbers of assets are exempt from Capital Gain Tax, which includes house and luxurious cars,
and depreciating assets which are used only for taxable purposes.
These basic policies should be followed before doing the case law:
1. Significant Accounting Policies
a. Revenue recognition
i. Sale of Products: Sales are recognised at the point of dispatch to the customers
ii. Sale of Services: Labour Charges are recognised at the point of dispatch to the customers.
b. Expenditure
Expenses are accounted for on accrual basis and provision is made for all known losses and liabilities.
c. Valuation of Inventories
Trading Stocks are valued at lower of cost and net realisable value.
Work in progress is valued at lower of cost plus overheads and net realizable value.
d. Fixed Assets
Fixed assets are stated at the cost of acquisition less accumulated depreciation. Cost of acquisition
comprises the purchase price and any cost attributable to bringing the asset to its working condition
for its intended use.
e. Depreciation
Depreciation is provided on Written down value basis in the manner prescribed under Australian
law... In respect of additions / deletions during the year, depreciation is provided pro-rata from the
date of such additions / till date of deletions.
f. Foreign currency transaction
Transactions in foreign currency are recorded at exchange rates prevailing on the date of the
transaction. The related gains or losses are recognised at the time of realisation. The yearend
receivables / payables are translated at exchange rate prevailing on that date and the gains or losses
are recognised in the Profit and Loss Account.
g. Investments
Investments are either classified as current or long-term based on the Management's intention at the
time of purchase and annual review. Current investments are carried at lower of cost and fair value of
each investment individually. Long-term investments are carried at cost less provisions recorded to
recognise any decline, other than temporary, in the carrying value of each investment.
h. Income Tax
Provision for current Income tax is made based on the taxable income computed as per the provisions
of the Australian Income Tax Act.
Deferred tax is recognised, using the tax rates and tax...
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