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 carrying on a business. Your client...

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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 carrying on a business. Your client provides the following information of sales of various assets during the current tax year: (a) Block of vacant land. On 3 June of the current 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 incurred $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 current 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 current 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 current tax year she lodged a claim with her insurance company seeking to recover her loss. On 16 January of the current 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 current 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 current 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 current tax year for $47 per share. She incurred $550 in brokerage 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 February of the current tax year for $25 per share. She incurred $1,000 in brokerage 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 February of the current tax year for $0.50 per share. She incurred $100 in brokerage 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 current tax year for $1 per share and sold on 22 January of the current tax year for $2.50 per share. She incurred $900 in brokerage 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 current 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 carried 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 current 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 incurred 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 repairs. On 1 September 2017, Rapid-Heat provided Jasmine with a loan of $500,000 at an interest rate of 4.25%. Jasmine used $450,000 of the loan to purchase a holiday home and lent the remaining $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 GSTinclusive 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?
Answered Same DaySep 17, 2020HI6028

Answer To: Question 1 (10 marks) You are working as a tax consultant in Mayfield, NSW. Your client is an...

Ashish answered on Sep 22 2020
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HI6028 Taxation Theory, Practice & Law
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September 21st, 2018
Question-1
Solution-
· Block of vacant land:
· The Capital Gains Tax (CGT) related event A1 occurred when the contact is going too signed on the date 3rd June: s104-10. Moreover, the amount of $20,000 of the total sales price is paid as the tax year is not relevant.
· According to s108-5 the land is consi
dered as the Capital Gains Tax assets.
· The cost related base for the land is $120,000 ($100,000 + $20,000).
· According to the council the water rate and sewerage rate and land taxes are not eligible as the deducted expense because none of the income is generated from the land. Moreover, this includes in the element three of the cost bases as assets acquire after the date of 20th August 1991 (110-25(4).
· The capital gain exists as the sales procedure is more than the cost related base.
· Overall Gain is $200,000 ($320,000 - $120,000).
· According to Sub Division 115A, the Gain is now eligible for the discounted capital gains.
· Antique bed:
· The Capital Gains Tax (CGT) event C1 considered when the antique bed was theft.
· According to the s 104-20, the timing of the related event is the concern individual or company able to get the insurance proceeds on 21st January.
· According to the s 108-10, the antique bed is a collectable.
· According to the s 118-110 (1), any profit or loss are not considered as the acquisition cost more than $500.
· The cost related base for the bed is $5,000 ($3,500 + $1,500).
· According to the s 110-25 (5), any changes are included in element four of the cost base.
· According to the s 114-1, the index applicable to the costing which is totally based on the bed was buying before the 21st Sept. 1999.
· According to the Quarter of Sept. 1986 the index number when assets buy is 43.2.
· According to the Quarter of Dec. 1986 the index number when alterations made is 44.4.
· According to the s 960-275 for the Quarter of 30th Sept. 1986, the number of the index when the assets theft is 68.7.
· The factors of index are as follows:
· According to the s 960-275, 68.7 /43.2 = 1.590
· According to the s 960-275, 68.7 / 44.4 = 1.547
· The cost base according to the indexing is $7,884
· Element 1 = $3,500*1.590
Element 1 =$5,565
· Element 4 = $1,500*1.547
Element 4 = $2,321
· The capital gain exists if the sales procedure is more than the cost bases.
· Overall Gain is $6,000 ($11,000 - $5,000).
· According to Sub Division 115A, all the related gains are eligible discount for the capital gain.
· The capital gain is reflects as the sales process more than the index cost bases.
· Overall Gain is $3,114 ($11,000 - $7,886).
· Painting:
· According to the s 104-10, the Capital Gains Tax (CGT) event A1 occurred if the painting were sales on the dated 3rd April.
· According to the 108-10, the painting is the work of art and there is considered as the collectables.
· According to the s 104-10 (5), painting was acquire on 2nd May 1986. This date is prior to the commencement of the Capital Gains Tax for that any gain is not considerable.
· Sales of shares:
· The 1,000 shares is in the common bank:
· According to the s 108-5, the shares are a Capital Gains Tax (CGT).
· According to the s 104-10, the Capital Gains Tax (CGT) event A1 occurs when the all the shares are sold on 4th July.
· According to the s 114-1, the index does not applicable to the cost base as shares were buying after the 21st Sept. 1999.
· According to the calculation the costs bases is $16,300.
· Element 1 is considered as the $15,000 ($15*1,000)
· Element 2 related to Stamp Duty $750 and brokerage of $550
· The overall Sale proceeds are $47,000 ($47*1000).
· Capital gain = Sale process minus Cost bases
Capital gain = $47,000 – $16,300
Capital gain = $30,700
· According to the s115-25, the discount of 50% related gain also applicable to this Capital gain tax (CGT).
· PHB Iron Ore Ltd 2,500 shares:
· According to the s108-25, the shares are...
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