Analysis of legal issues and relevant taxation law

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Reference no: EM132375608 , Length: word count:2000

Taxation Theory, Practice & Law Individual Assignment

Purpose of the assessment (with ULO) - The individual assignment will assess students on the following learning outcomes:

1. Demonstrate an understanding of the Australian income tax system, the concepts of income and deductions, CGT, FBT, GST general anti-avoidance provisions and income tax administration.

2. Identify and critically analyse taxation issues.

3. Interpret the relevant taxation legislations and case law.

4. Apply taxation principles to real life problems.

Answer all questions.

QUESTION 1-

The City Sky Co is a property investment and development company. Recently the company purchased a vacant piece of land south of Brisbane on which it is planning to build 15 apartments to sell. The City Sky Co has engaged the services of the local lawyer, Maurice Blackburn, to provide the legal services required for the development for $33,000. Maurice Blackburn runs an established sole trader business and turns over revenue of $300,000 per year.

Advise The City Sky Co of the input tax credit entitlements that they may be entitled to. Assume that The City Sky Co is registered for GST purposes.

QUESTION 2 -

Emma has provided to you a listing of the transactions she has undertaken throughout the financial year to assist you in completing her 2015 income tax return.

Sale of a block of land for $1,000,000: Emma purchased the land as an investment in 1991. The purchase price was $250,000, plus $5,000 in stamp duty, $10,000 in legal fees. To fund the purchase, she took out a loan on which she paid interest totalling $32,000. During the period of ownership her council rates, water rates and insurance totalled $22,000. In January 2005 a dispute occurred with a neighbour over the use of the land and legal fees incurred amounted to $5,000 in resolving this dispute. Before putting the property on the market $27,500 was spent to remove a number of large dangerous pine trees that were on the land. Advertising, legal fees and agent's fees on the sale of the land were $25,000.

Sale of Emma's 1000 shares in Rio Tinto for $50.85 per share: Emma paid brokerage fee of 2% on the sale. Emma initially purchased the shares for $3.5 per share in 1982.

Sale of a stamp collection Emma had purchased, from a private collector, in January 2015 for $60,000: Emma sold the collection at auction for $50,000. Auction fees totalled $5,000 for the sale.

Sale of a grand piano for $30,000: It was initially bought for $80,000 in 2000.

Advise Emma of the capital gain tax (CGT) consequences of her transitions. Ignore indexation. Your answer must include references to relevant tax law and or cases.

Assignment Structure should be as the following:

Question 1: The goods and services tax (GST)

Identification of material facts regarding The City Sky Co goods and services tax (GST) consequences discussed in the assignment question.

Identification and analysis of legal issues / legal question and relevant taxation law.

Thorough yet succinct application of tax law to material facts.

Detailed and accurate conclusions are reached from the discussion.

Correct information and taxation law have been used and properly cited. A detailed analysis has been performed.

Shows excellent understanding of the cases and/or section of legislation, its context and application of taxation law.

Question 2: Capital gains tax (CGT)

Identification of material facts regarding the capital gain tax (CGT) consequences of Emma's transactions discussed in the assignment question.

Identification and analysis of legal issues / legal question and relevant taxation law.

Thorough yet succinct application of tax law to material facts.

Detailed and accurate conclusions are reached from the discussion.

Correct information and taxation law have been used and properly cited. A detailed analysis has been performed.

Shows excellent understanding of the cases and/or section of legislation, its context and application of taxation law.

Reference no: EM132375608

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Reviews

len2375608

9/24/2019 3:55:42 AM

Word limit - Max 2000 words (acceptable to be 10% above or below this word limit). This is just the two scenario, and discussing the few questions. Submission Guidelines - All work must be submitted on Blackboard by the due date along with a completed Assignment Cover Page. The assignment must be in MS Word format, no spacing, 12-pt Arial font and 2 cm margins on all four sides of your page with appropriate section headings and page numbers. Reference sources must be cited in the text of the report, and listed appropriately at the end in a reference list using Harvard referencing style.

len2375608

9/24/2019 3:55:37 AM

Instructions: Please read carefully to avoid mistakes. Answer all questions. This assignment along with a completed Assignment Cover Page is to be submitted on Blackboard by the due date in soft-copy only (via Safe assign - Blackboard). The assignment is to be submitted in accordance with assessment policy stated in the Subject Outline and Student Handbook. Late submissions will be subject to Holmes Institute policy on student assessment submission and late penalties (please refer to subject outline and Student handbook). The assignment must be in MS Word format, no spacing, 12-pt Arial font and 2 cm margins on all four sides of your page with appropriate section headings and page numbers.

len2375608

9/24/2019 3:55:31 AM

Reference sources must be cited in the text of the report, and listed appropriately at the end in a reference list using Harvard referencing style. You also must refer to relevant legislation and/or case law in your answer. Reference sources must be cited in the text of the report, and listed appropriately at the end in a reference list using Harvard referencing style. All assignments are expected to strictly follow Holmes Institute's Academic Conduct and Integrity Policy and Procedures. For further details, please refer to the Subject Outline and Student Handbook. Note: Assessment task is set around the work that you have done in class. You are not expected to go outside the content of the unit but you are expected to explore it.

len2375608

9/24/2019 3:55:24 AM

Marking criteria Question 1 - Identification of material facts regarding The City Sky Co goods and services tax (GST) consequences discussed in the assignment question. 1 Mark, Identification and analysis of legal issues / legal question and relevant taxation law. 2 Marks, Thorough yet succinct application of tax law to material facts. 3 Marks, Detailed and accurate conclusions are reached from the discussion. 1 Mark, Correct information and taxation law have been used and properly cited. A detailed analysis has been performed. 2 Marks, The work shows excellent understanding of the cases and/or section of legislation, its context and application of taxation law. 1 Mark, QUESTION 1 TOTAL MARKS: 10 MARKS.

len2375608

9/24/2019 3:55:15 AM

Marking criteria Question 2 - Identification of material facts regarding Emma's capital gain tax (CGT) consequences discussed in the assignment question. 1 Mark, Identification and analysis of legal issues / legal question and relevant taxation law. 2 Marks, Thorough yet succinct application of tax law to material facts. 3 Marks, Detailed and accurate conclusions are reached from the discussion. 1 Mark, Correct information and taxation law have been used and properly cited. A detailed analysis has been performed. 2 Marks, The work shows excellent understanding of the cases and/or section of legislation, its context and application of taxation law. 1 Mark. QUESTION 2 TOTAL MARKS: 10 MARKS.

len2375608

9/24/2019 3:55:07 AM

Marking Rubric - Comprehensive identification of key issues. Frequent links drawn across topics or to extraneous materials. Student property generates questions and problems around a case. Thorough analysis and synthesis of issues. Persuasively argued throughout, contrary arguments anticipated. Excellent critical evaluation of other metrical and appropriate response. Detailed conclusion is reached from the discussion. Clear and logical organisation; precise and concise writing. Minimal errors in expression, grammar, spelling or punctuation. Excellent and complete referencing. Grammar and spelling are correct.

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