Hi6028-Taxation Theory Practice & Law Assessment Answer

Answer:

1.Based on the given information, the task is to determine the net capital gain or net capital loss of the client for year ended 30 June of the existing tax year.

Calculation of capital gains or loss derived from selling of block of land  

Pre-CGT assets are those assets which are acquired by the concerned taxpayer earlier than 20 September 1985 and are not taken for the Capital Gain Tax (CGT) under the provision of 149(10) of Income Tax Assessment Act 1997 (Hodgson, Mortimer and Butler, 2016). Hence, it is essential to find whether the assets are pre-CGT assets or not. In present scenario, client is an investor as well as an antique collector (who is not running a business) has signed a contract to sell a land block which she acquired in 2001. With this information, it can be defined that land block is not a pre-CGT asset as the acquired date of asset is after 1985. Further, provision of s. 104-5 defines that transaction for selling of land is A1 event and hence, CGT liability will be levied on client for the land disposal. Cost base of the asset is imperative parameter to calculate the exact amount of capital gains or loss. Five factors are considered for the calculation of cost base of asset which is discussed below (Wilmot, 2014).

  • Sum amount given by taxpayer to purchase the asset as per s. 110-25(2).
  • Incidental costs given by taxpayer in the process of buying or/and selling the asset as per s. 110-25(3).
  • Numerous costs paid by taxpayer for the ownership of asset such as sewerage tax, loan interest payment, land tax and so forth as per s. 110-25(4).
  • Capital expenditure given by taxpayer in regards to increase the net worth of the asset or to preserve the asset for long term as per s. 110-25(4).
  • Capital expenditure given by taxpayer in regards to protect the title of asset as per s. 110-25(5) (Barkoczy, 2017).
  • Sum amount given by taxpayer to purchase the land = $100,000

    Cost paid by taxpayer for the ownership of land in the form of local council, land taxed, water and sewerage rates = $20,000


    Cost base = 100000 + 20000 = $120,000

    As per TR 94/29, the payment of the signed contract for selling the land will lead to contribution to the CGT for the same year in which the contract is signed while the payment would be received by taxpayer in upcoming tax year. Here, also client has signed contract for a consideration of $320,000 in current tax year but will receive the payment in upcoming year. Hence, this amount would be held taken for CGT liability in current year only (Hodgson, Mortimer and Butler, 2016). 

     


    Consideration amount (Sale proceeds) =$320,000

    Capital gains = 320000 -120000 =$200,000

     It is essential to first counterbalance the derived capital gain with the carried forward capital losses incurred in previous tax year. Here, client has $7,000 carried forward capital losses. Hence,

    Capital gains = 200000 -7000 = $193,000

    Method to find the capital gain for CGT will be decided based on the holding period of asset. It means if the asset is long term (holding year is higher than 12 months) then, 50% of capital gains will be contributed for CGT as per 115-25(1). Client has land block for more than 12 months and therefore, it is long term asset (Barkoczy, 2017).

    Thereby,

    Capital gains for CGT = 50% of $193,000 = $96,500

    Calculation of capital gains or loss derived from selling of antique bed

    Collectables are capital assets and disposal of such assets will lead to CGT levied on the concerned taxpayer only if they do not belong to pre-CGT asset as per TD 1999/40. Also, the essential term in this scenario is that the taxpayer must acquire the collectable for not less than $500. Here, taxpayer has an antique bed which she acquired for $3500 in 1986 and therefore, CGT will be levied for transaction of A1 event as per s.104-5 (Barkoczy, 2017).

    Capital expenditure spent by taxpayer in regards to increase the net worth of the bed by installing innerspring mattress as per s. 118-25(2) =$1500

    Cost base of antique bed =3500 +1500 = $5,000

    Taxpayer’s antique bed was stolen and thus, she received a sum of $11,000 from insurance (household contents policy) =$11,000

    Capital gains = 11000 -5000 =$6,000

     It is essential to first counterbalance the derived capital gain with the carried forward capital losses incurred in previous tax year (Nethercott, Richardson and Devos, 2016). Here, client has $1,500 carried forward capital losses from selling of sculpture. Hence,

    Capital gains = 6000 -1500 = $4,500

    Method to find the capital gain for CGT will be decided based on the holding period of asset. It means if the asset is long term (holding year is higher than 12 months) then, 50% of capital gains will be contributed for CGT as per 115-25(1) (Wilmot, 2014). Client has antique bed for more than 12 months and therefore, it is long term asset.

    Thereby,

    Capital gains for CGT = 50% of $4,500= $2,250

    Calculation of capital gains or loss derived from selling of painting

    It is apparent that pre-CGT assets those which are acquired by the concerned taxpayer earlier than 20 September 1985 and are not taken for the Capital Gain Tax (CGT) under the provision of 149(10) of Income Tax Assessment Act 1997.With this information, it can be defined that taxpayer acquired a painting by a well-known Australian artist on 2 May 1985. It is clear indication of the aspect that painting is pre-CGT asset as it has been acquired earlier than 20 September 1985 (Hodgson, Mortimer and Butler, 2016). Hence, no CGT would be levied on the capital gains ($125,000) generated from the sale of painting. 

     

    Calculation of capital gains or loss derived from selling of shares

    Transaction made by taxpayer for selling the shares is counted under A1 event as per s.104 -5 and thereby, CGT will be levied on the proceeds (Woellner, 2014).

    Share 1: Common Bank Ltd

    Buying 1000 shares for $15 and hence, total amount paid = $15,000

    Incidental cost (sum of brokerage fee and stamp duty) = 750+550=$1,300

    Cost base = 15000 +1300 =$16,300

    Selling 1000 shares for $47 per share and hence, total amount received = $47,000

    Capital gains = $47,000 – $16,300 = $ 30,700 (Long term gains)

    Share 2: PHB Iron Ore Ltd

    Buying 2500 shares for $12 and hence, total amount paid = $30,000

    Incidental cost (sum of brokerage fee and stamp duty) = 1000 +1500 =$2,500

    Cost base = 30000 +1500 =$32,500

    Selling 2500 shares for $25 per share and hence, total amount received = $62,500

    Capital gains = $62,500 – $32,500 = $ 30,000 (Long term gains)

    Share 3: Yung Kids Learning Ltd

    Buying 1200 shares for $5 per share and hence, total amount paid = $6,000

    Incidental cost (sum of brokerage fee and stamp duty) = $100 + $500 =$600

    Cost base = 6000+600 =$6,600

    Selling 1200 shares for $0.5 per share and hence, total amount received = $600

    Capital loss = 6600 – 600 = $6000 (Long term loss)

    Share 4: Share Built Ltd

    Buying 10,000 shares for $1 per share and hence, total amount paid = $10,000

    Incidental cost (sum of brokerage fee and stamp duty) = $900 + $1100 =$2,000

    Cost base = 10000+2000 =$12,000

    Selling 10000 shares for $2.5 per share and hence, total amount received = $25,000

    Capital loss = 25000 -12000 =$13,000 (Short term gains)

    Total capital gain on the account share = {(30700+30000-6000)* 50%} +13000 = $40,350   

     

    Calculation of capital gains or loss derived from selling of violin

    Client has keen interest in collecting musical instruments and she has several violins also, she plays violin on regular basis. It can be said that violin is a personal use asset in this case and the tax treatment for personal use asset would depend on the fact whether the asset has acquired for more than $10,000 or not. Client acquired violin for personal use at a cost of $1500. The sale proceeds of $12,000 will be taken for capital gains only when she would have acquired for violin for more than $10,000.

    Net capital gains =Capital gains from the sale of (land + antique bed +share) = (96500) + (2250) + (40350) = $139,100

    Therefore, $139,100 is the capital gains of the client for year ended 30 June of the existing tax year.

    2.Fringe Benefits Tax (FBT) is different from income tax and is imposed on employer as they have provided certain personal benefits to their employees in relation to the employment with the company. Fringe benefits can be provided directly to the employee or can be extended to their family members or associates. Employer has to pay FBT on the account of fringe benefits under Fringe Benefits Assessment Act 1986 (Woellner, 2014).

    “Fringe Benefits Tax liability for Rapid Heat for year end 31 March 2018”

    Car fringe benefit

    When employer provides a car to employee for private purposes and the car remains available for private work, then car fringe benefit would be given to the employee by employer as per s.8, FBTAA86 (Coleman, 2016).  Rapid Heat has made a car available to Jasmine an employee of Rapid Heat for personal purpose. Therefore, the car fringe benefit has been provided to her.

    Statutory formula for finding taxable value for car fringe benefits

    Where,

    A = Base/capital value of car

    B = Statutory percentage of car

    C =Number of days for which car was present for employee for private purposes

    D =Total number of days in tax year

    E = Contribution from the employee

    F = Gross up factor

    Now,

    Base/capital value of car (A): Car has been acquired for $33,000 by Rapid Heat and also has paid the expenses ($550) subjected due to the minor repairs incurred during the usage by Jasmine. Further, the expense of minor repairs will be deducted from the cost car under FBTAA86. Therefore, Base/capital value of car = (33000) - (550) = $32,450

    Statutory percentage of car (B): Car which is acquired by concerned employer after 2011, then the applicable statutory percentage is 20%. Here, Rapid Heat acquired car in 2017 which is far after 2011 and hence, statutory percentage that would be used to find the FBT liability is 20%. 

    Number of days for which car was present for employee for private purposes (C): Car was made available for private purpose to Jasmine on May 1, 2017 and thereby, the car was available to Jasmine for 335 days in total in the end year 31 March 2018 (Nethercott, Richardson and Devos, 2016). Further, it is noticeable that car was out for minor repairs for 5 days and therefore, these five days will not be deducted from 335. Furthermore, Jasmine was overseas and thus, she has parked the car at the airport. These 10 days will also not be deducted from 335 since the car was available for private purpose to her.  Therefore, number of days for which car was present for employee for private purpose is 335 days.

    Total number of days in tax year (D): The total number of days in respective FBT year is 365 days.

    Contribution from the employee (E): Jasmine does not make any contribution while acquiring the car and hence, the contribution from her will be zero. 

    Gross up factor (F): Car is defined as TYPE 1 good in Goods and Service Act 1999 and the respective gross up factor for 31 March 2018 is 2.0802.  

    Therefore,

    Fringe benefits tax rate = 47% (31 March 2018)

    Fringe benefit tax payable for Rapid Heat = (12,390.86)*(0.47) = $5823.70

    Loan fringe benefit

    Loan fringe benefit arises when an employer gives loan to their employee and set either zero rate or low interest rate as compared with the statutory rate declared by Reserve Bank of Australia (RBA) (Reuters, 2017).

    Statutory rate declared by RBA for 31 March 2018 as per TD 2017/3 = 5.25%

    Rate set by Rapid Heat = 4.25%

    It can be seen from the above figures that Rapid Heat gives loan to Jasmine at cheaper rate on 1 September 2017 and hereafter, loan fringe benefit provided to Jasmine.

    Loan amount = $500,000

    Loan availability days for Jasmine would be period between 1 September 2017 to 31 March 2018) =213 days

    Accumulated interest saving = 500000 *(213/365) *(5.25%- 4.25%) =$2909.8

    Loan is defined as TYPE II good in Goods and Service Act 1999 and the respective gross up factor for 31 March 2018 is 1.8868.

    Taxable value of loan fringe benefit = 1.8868 * 2909.8 =$5490.26

    Fringe benefits tax rate = 47% (31 March 2018)

    Fringe benefit tax payable for Rapid Heat = (5490.26)*(0.47) = $2580.43

    Tax deduction can be availed by Rapid Heat for $450,000 when the holiday home acquired by Jasmine will derive rent amount for her. Further, if the home does not produce assessable income for Jasmine then no deduction will be availed by Rapid Heat (Coleman, 2016). Further, no deduction will be availed by Rapid Heat when $50,000 has utilized against share purchase by Jasmine’s husband.

    Internal expense fringe benefit

    Rapid Heat who is selling their electric heater product for $2600 to public has made special concession to Jasmine while selling the same product for $1300. It is noticeable that Rapid Heat is providing non-cash benefits to Jasmine which is termed as internal expense fringe benefit (Wilmot, 2014) .

    Non-cash benefit = 2600- 1300 = $1,300

    75% of sale price = 0.75* 2600 =$1,950

    Saving due to concessional price =75% of sale price- Non-cash benefit =1,950-1,300 =$650

    Electric heater is defined as TYPE I good in Goods and Service Act 1999 and the respective gross up factor for 31 March 2018 is 2.0802. 

     


    Taxable value of electric heater = 650 *2.0802 =$1352.1

    Fringe benefits tax rate = 47% (31 March 2018)

    Fringe benefit tax payable for Rapid Heat = (1352.1)*(0.47) = $635.5

    The deduction would be increased for Rapid Heat when Telstra shares will be acquired by Jasmine. Therefore, $50,000 will also be taken for finding the deduction for Rapid Heat  Hence,

    Deduction on $50,000 = 50000 * (5.25% -4.25%) = $500

    Thus, the fringe benefit tax payable for Rapid Heat will be reduced by a net amount of $500. 

     

    References

    Barkoczy, S. (2017) Foundation of Taxation Law 2017. 9th ed. Sydney: Oxford University Press.

    Coleman, C. (2016) Australian Tax Analysis. 4th ed. Sydney: Thomson Reuters (Professional) Australia.

    Hodgson, H., Mortimer, C. and Butler, J. (2016) Tax Questions and Answers 2016. 6th ed. Sydney: Thomson Reuters.

    Krever, R. (2016) Australian Taxation Law Cases 2017. 2nd ed. Brisbane: THOMSON LAWBOOK Company.

    Nethercott, L., Richardson, G., & Devos, K. (2016)  Australian Taxation Study Manual 2016. 8th ed. Sydney: Oxford University Press.

    Reuters, T. (2017) Australian Tax Legislation (2017). 4th ed. Sydney. THOMSON REUTERS.

    Wilmot, C. (2014) FBT Compliance guide. 6th  ed. North Ryde: CCH Australia Limited.

    Woellner, R. (2014) Australian taxation law 2014. 8th ed. North Ryde: CCH Australia.

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