Advise jack and jill of their income tax consequences

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Reference no: EM131306721 , Length: 3450 Words

Words Limit: 3200-3500 Words count

Question 1 (10 Marks) 

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. 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.

(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 a regular basis. On 1 May of the current tax year she sold one of these violins for $12,000 to neighbour 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. 

Question 2 (10 Marks) 

Jack and Jill jointly own and run a bed and breakfast business. The business is run through their partnership, J & J Bed and Breakfast. Jack and Jill also own an investment property together which they purchased in equal proportions. During the year, they undertook the following transactions:

  • Purchased furniture for their bed and breakfast business for $3,000 on 21 December 2014. The furniture is expected to last for seven years.
  • Purchased a printer for their bed and breakfast business for $700 on 30 April 2015. The machine is expected to last for three years.
  • Purchased an air-conditioner for their investment property for $2,000 on 15 March 2015. The air-conditioner is expected to last for eight years. Jack and Jill contributed to the purchase price of the air-conditioner equally.

Advise Jack and Jill of their income tax consequences arising out of the above information under both the diminishing value method and the prime cost method (if relevant) for the year ended 30 June 2015. Assume that the business does not qualify as a small business entity.

Question 3 (10 Marks) 

Alan is an employee at ABC Pty Ltd (ABC). He has negotiated the following remuneration package with ABC:salary of $300,000;

  • Payment of Alan's mobile phone bill ($220 per month, including GST). Alan is under a two-year contract whereby he is required to pay a fixed sum each month for unlimited usage of his phone. Alan uses the phone for work-related purposes only;
  • Payment of Alan's children's school fees ($20,000 per year). The school fees are GST free.

ABC also provided Alan with the latest mobile phone handset, which cost $2,000 (including GST).

At the end of the year ABC hosted a dinner at a local Thai restaurant for all 20 employees and their partners. The total cost of the dinner was $6,600 including GST.

(a)        Advise ABC of its FBT consequences arising out of the above information, including calculation of any FBT liability, for the year ending 31 March 2015. Assume that ABC would be entitled to input tax credits in relation to any GST in-clusive acquisitions.

(b)        How would your answer to (a) differ if ABC only had 5 employees?

(c)         How would your answer to (a) differ if clients of ABC also attended the end of-year dinner?

Verified Expert

Answer -1: Assessable Income of tax payer: According to S6-5 the assessable income of the tax payer shall include the ordinary income received by the tax payer from personal services, business activities, or from property. Capital Gain Tax: According to Tax laws, there shall be levy of capital gain tax on transfer of capital assets by the tax payer during income year under consideration. The capital Gain Tax shall be imposed on occurring of capital gain tax event. In order to attract the capital gain, the following conditions needs to be complied with; 1. The Tax payer must own the ‘Capital Asset’: Division 108 of the Act deals with the Capital Asset. As per s 108-5(1), the Capital Asset shall mean any kind of property held by the tax payer, including any legal right over property. It defines what shall be included in the capital asset and what should not

Reference no: EM131306721

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