ACBUS203A Income Tax Law – Assessment 3 Part A Sem 2 2020 ACBUS203A INCOME TAX LAW Assessment 3 Part A – CASE STUDY - Due Week 13 Red Herrings Australia Pty Ltd (RHA) For several generations, the...

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ACBUS203A Income Tax Law – Assessment 3 Part A Sem 2 2020 ACBUS203A INCOME TAX LAW Assessment 3 Part A – CASE STUDY - Due Week 13 Red Herrings Australia Pty Ltd (RHA) For several generations, the Svendsen family in Sweden has been involved with red herrings whose natural habitat is the pristine waters of the Svendsen Fjord on the Baltic coast. Like salmon, red herrings only breed where they were born, and as the Svendsen own the entire fjord, they have a natural monopoly. With the world becoming more health conscious and trending towards natural foods, the market for the Svendsen’s red herrings is skyrocketing, as they are naturally red and do not require chemical additives or a smoking process to make them red. They also have all the sought-after food macros that trending diets recommend. Svendsen Red Herrings AB is now going international. They currently market to all of Europe, Britain, the Mediterranean the Middle East and North America. In 2015 they sent their youngest son, Sven and his family, to Australia to develop the Asia Pacific market. Sven Svendsen incorporated Red Herrings Australia Pty Ltd (RHA) in July 2015 soon after migrating to Australia from Sweden with his wife, Britt and twin daughters, Hildur and Hillevi, then aged 15. Sven and Britt and directors of RHA and each own 40% of the company. Hildur and Hillevi are shareholders in RHA, each owning 10%. The Svendsen’s became Australian residents upon migration on 1 July 2015. As a new TAFE graduate, you have just joined to staff of Fivten-Sixten Accountancy, and the firm’s partner has assigned you the 2020 personal income tax return of Sven Svendsen. After reviewing his financial records and meeting with Sven, you are concerned about the tax treatment of the following items for 2019-2020: Notes: • All amounts are in AUD. • Sven has provided you with all receipts and other pertinent documentation. • Before taking the items below into account, Sven’s Australian taxable income is in the top tax bracket. 1. Sale of assets in Sweden a. Hunting lodge • In 2001 Sven inherited a log-cabin hunting lodge in the mountains overlooking a fjord from his grandfather, Ingmar. Ingmar had bought the lodge for $5,000 in 1960, and at the time of his death the estate valued it at $50,000. The lodge was old and dilapidated, and Sven spent $10,000 ACBUS203A Income Tax Law – Assessment 3 Part A Sem 2 2020 restoring it. He and his family used the lodge as a weekend retreat when they lived in Sweden before migrating to Australia. • Since leaving Sweden Sven rented the lodge to holidaymakers through Airbnb. • Sven sold the property in May 2020 for $150,000, and received the proceeds on 7 June 2020 net of marketing, legal and foreign exchange conversion fees totalling $10,000. • During the time Sven owned the lodge, he paid $15,000 in property rates and taxes to the local council. • Sven has never claimed any of the above as tax deductions. b. Hunting memorabilia • Before putting the hunting lodge on the market, Sven sold the following antique hunting memorabilia that decorated the walls, on eBay: 1. Mounted reindeer head – $15,000 (bought in 2001 for $10,005) 2. Antique hunting rifles (2) - $16,000 ($8,000 each). Sven bought them in 2002 for $1,400 and $1,600, respectively. 2. Distribution from Svendsen Family Trust, Sweden a. Sven’s grandfather set up the Svendsen Family Trust in Sweden that his in 1963 and nominated all his descendants are beneficiaries During the year the trust EFT’d Sven $23,000 being interest of $50,000 less Swedish Non-resident’s Withholding Tax of $27,000. Sven does not lodge a Swedish tax return. You are required: Draft a report (750 words) for the partner of Fivten-Sixten to send to the Sven Svendsen on the Australian income tax considerations relating to the above items for 2019-2020: In addition to the instructions set out in the Subject Guide: 1. Your report must be in the following format: a. Introduction b. Body c. Conclusion d. References (and bibliography if required) 2. In the body of the report you must address your discussions under the following headings: a. Sale of hunting lodge b. Sale of hunting memorabilia c. Distribution from the Svendsen Family Trust in Sweden d. Other (optional) 3. In your discussions you must state whether or not you think each of the items noted are taxable or deductible or not, and what tax offsets and/or discounts might be available. Support your answer with references to appropriate legislation and/or cases. 4. All your discussions must all relate DIRECTLY to the facts in the above case. Generic discussions that do not relate DIRECTLY to the facts of the above case will not earn marks. ACBUS203A Income Tax Law – Assessment 3 Part A Sem 2 2020 The word limit of approximately 750 words (plus or minus 10%), excludes any appendices. The appendices should include any footnotes, calculations, references & citations. Referencing can be Harvard style. When you refer to statues or cases in your assignment you can provide the abbreviations in the paragraph and the full name in the reference list. The assessment must be uploaded into Turnitin in by Sunday of Week 13 at 11.59pm Red Herrings Australia Pty Ltd (RHA) 1. Sale of assets in Sweden 2. Distribution from Svendsen Family Trust, Sweden You are required:
Answered Same DayOct 20, 2021

Answer To: ACBUS203A Income Tax Law – Assessment 3 Part A Sem 2 2020 ACBUS203A INCOME TAX LAW Assessment 3 Part...

Riddhi answered on Oct 23 2021
142 Votes
Introduction
Sven Svendsen was earlier resident of Sweden but in 2015 migrated to Australia to develop the Asia pacific market of Red Herrings and they own a company named Red Herri
ngs Australia Pty Ltd. Sven Svendsen are now resident of Australian and are willing to file their Personal income tax returns with the company. There are 3 main transactions, one of which is relating to sale of asset held in foreign country, Sale of antiques and decorative materials in foreign country and Share of income from Trust incorporated in foreign country. To understand the treatment, we have outlined laws of ITAA relating to capital gains on property as well as asset like antiques and treatment of other income from trust held in foreign country.
Body
Sven Svendsen was a resident of Sweden and migrated in Australia in 2015 and became resident of Australia. Sven is not filing any tax returns in Sweden. As per ITAA an Australian resident must disclose his all source of income whether earned in Australia or earned overseas in the tax returns and in case of any tax withheld in other country, same can be claimed as tax offsets to avoid double taxation. Australian has DTAA signed with more than 40 countries for the benefit of its citizens. As per the rules of Foreign Income tax offset rules 2020, the tax offset shall be limited to 50% of taxes paid in other country to ensure uniformity in maintaining overall taxation between tax paid for local assets and foreign so that there is no loss of revenue for ATO. The interpretation of FITO rules was confirmed in the case law of Burton V FCT (2019)
Sale of hunting lodge
Sven sold the property in May 2020 for $1,50,000 which was inherited to him from his grandfather. His grandfather purchased the property in 1960 for $5000 and at the time of his death the value of...
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