Advise graham of the assessability of his wagering

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Reference no: EM13184308

The following financial information relates to a suburban retail business, Serendipity Pty Ltd that owns and operates a retail giftware business in High Street Uptown. The shareholders and directors are Brenda and Eddy Smith. The accounts are prepared on an accrual basis. [Disregard GST and SBE related issues.] Closing stock on hand is $38,000 and is valued at cost. Read the information and the requirements below:-

          Profit & Loss Account; 30 June 2011

            Sales revenue          1,500,000

            Cost of Sales           1,120,000

            Gross Profit    380,000

Other Income (Debt forgiven)      20,000

  400,000

Operating Expenses

          Accounting fees            1,900

          Bad debts         1,500

          Entertainment    5,250

          Fines      450

          Fringe benefits tax            750

          Legal fees         1,200

          Membership subscriptions 175

          Motor vehicle expenses   7,200

          Rent  22,000

          Repairs   300

          Salaries & wages          75,000

          Travelling expenses         9,000

          Write down of investments         10,000  134,725        

          Net Profit (before tax)   $265,275

Other information:

i) The credit for 'debt forgiven' relates to a bequest from Brenda's late father, a former shareholder who had lent the company $20,000, interest free, in July 1993. The debt was forgiven under the terms of his Will. [See further, Note (xv)]

 

ii) The company conducts a 'Christmas Club' for customers whereby they make monthly payments throughout the year and receive a gift voucher at Christmas. At 30 June 2011 deposits amounting to $15,000 had been received. In the company's books this amount is credited to a suspense account - Christmas Club Deposits. An amount of $2,000 is also in that account, unclaimed from 2009/10.

iii) Accounting fees to a recognized tax adviser comprise the following:

          Preparation of 2009/10 tax return          $900

          Accrued cost of this year's tax return  1,000

    1,900

iv) Bad debts: on the advice of her accountant, the company raised for the first time a Provision for Bad Debts. No amounts have been debited to the account but there is concern for an amount of $1200 owed by a business that is insolvent.

v) Entertainment has two components:

a. $1,250 paid for refreshments provided at a gathering of wholesale sales' representatives;

b. $4,000 paid to the High Street Traders Association for the annual High Street Festival. The festival is a free, family day for Uptown residents.

vi) The fine is for several parking infringements imposed in the course of delivering stock to customers.

vii) Legal fees:

a) $500 relates to defending an application by a competitor to establish another giftware shop in High Street. The prospective competitor withdrew for financial reasons and the matter lapsed.

b) $700 was paid for advice on redrafting the company's Articles after the death of Brenda's father.

viii) Subscriptions relate to Eddy's membership of the Retail Club Inc. He uses the club as a venue to entertain existing customers and cultivate business contacts.

ix) Motor vehicle expenses consist of fuel, oil, and insurance ($3,458 in total). The balance relates to depreciation on a Magna Station Wagon acquired by the business (new) on 15 September 2010 (cost: $28,000). Eddy uses the vehicle in the course of the business, collecting trading stock and delivering sales and to drive daily from the shop to his residence but rarely uses it at weekends. He maintains a log book that shows travel is 80% business related.

x) Rent includes an amount of $3,000 paid for storage space that was empty during much of the year. As a result, that lease was terminated upon payment by of $5,000 (also included in the amount of $22,000) in May 2011 although the lease had another 12 months to run. As tenant, there was no right of sub-lease. The balance was paid to the shopping centre manager and included a prepayment for July and August 2011.

          Storage space 3,000

          Termination of lease       5,000

          Shopping centre           12,000

          Prepayment      2,000

  22.000

xi) Repairs are for the replacement of a broken window. It was necessary to repaint the window-sill so it was arranged for the whole wall to be repainted although it was still in fair condition.

xii) Brenda and Eddy travelled to South East Asia to discuss contracts with regular suppliers. The trip was for eight days, including two days travel. The intervening weekend was spent at a tourist resort. Cost of airfares amounted to $2,350, accommodation (apart from the tourist resort) $4,350. The balance related to the tourist resort.

xiii) The write-down of share investments is consistent with the accounting policy of valuing investments at market value.

xiv) In March 2011 the directors resolved to declare fully franked cash dividends of $150,000. They also resolved to distribute $10,000 each to Brenda and Eddy from the 'Debt Forgiven Account' [See Note (i)]

Required - Part A

  1. Advise how each of the items (i) to (xiii) would be treated for tax purposes. You must cite the appropriate section of the Acts and relevant court authorities to support your treatment. [You should indicate what amounts are assessable and deductible, the relevant provisions of the Acts and appropriate case law, but it is unnecessary to calculate taxable income or tax payable. If an amount has a different treatment for tax purposes you should explain that treatment and cite the appropriate authority.]
  2. Advise the shareholders how the payments in Note (xiv) will be treated for tax purposes.

Part B

Graham is the 22 year old son of Brenda and Eddy.  He is studying for a BSc with a major in computer programming and works part-time. He also has a keen interest in horse racing and began betting in 2008. He converted part of his bedroom into a study, installed a state-of the-art computer system and developed a comprehensive database of horse racing form, weights and times. He attends race meetings up to four times weekly and has developed a programme to predict the outcome of races but has had limited success to date. In 2008/09 he lost $3,000; in 2009/10 he lost $7,000. However, in 2010/11 he won $2,500 and to date in 2011/12 he is $1,500 ahead and believes his programme has been refined to the extent that winnings are now more likely than losses.

Required - Part B

 Advise Graham of the assessability/deductibility of his wagering.

Reference no: EM13184308

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