Assessment Task – Tutorial Questions Unit Code: HI6028 Unit Name: Taxation Theory, Practice and Law Assignment: Tutorial Questions 1 Due: 11:30pm 22nd May 2020 Weighting: 25% Total Assignment Marks:...

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Assessment Task – Tutorial Questions Unit Code: HI6028 Unit Name: Taxation Theory, Practice and Law Assignment: Tutorial Questions 1 Due: 11:30pm 22nd May 2020 Weighting: 25% Total Assignment Marks: 50 marks Purpose: This assignment is designed to assess your level of knowledge of the key topics covered in this unit Unit Learning Outcomes Assessed: 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. Description: Each week students were provided with three tutorial questions of varying degrees of difficulty. These tutorial questions are available in the Tutorial Folder for each week on Blackboard. The Interactive Tutorials are designed to assist students with the process, skills and knowledge to answer the provided tutorial questions. Your task is to answer a selection of tutorial questions for weeks 1 to 5 inclusive and submit these answers in a single document. The questions to be answered are: Week 1 With reference to relevant legislation, case law and secondary sources, briefly explain different functions of taxation. (10 marks, maximum 300 words) Week 2 Amandeep born in India and migrated to Australia. He lives in Australia permanently. He still holds Indian passport. Amandeep works with the New Zealand Princess Cruises tours and most of the income year is in New Zealand. He signed an employment contract for this position in the company’s Australian office in Sydney. Amandeep has two kids that are living with his wife Sandeep in Sydney. Three years ago, Amandeep purchased a unit apartment in Sydney. Amandeep and his wife holding dividend yielding shares in an Indian public company called Hindustan Unilever. Amandeep and Sandeep have an Australian bank account as well. Amandeep’s employer pays his salary to this bank account every fortnight. Biannually Amandeep receives a holiday package from his employer, New Zealand Princess Cruises tours and he is using this package with his family traveling in Australia interstates or moves to India to visit his in laws. Required: With reference to the relevant laws, discuss whether Amandeep is an Australian resident for tax purposes and also critically discuss whether Amandeep needs to pay income tax on his salary and investment income explained above. (10 marks, maximum 400 words) Week 3 Gary owns a commercial building and leased his premises to John to conduct a bakery business. Under the lease contract, John is obliged to repair any modified or damaged parts of the building after the lease term. However, John fails to repair Gary’s building, which was damaged due to machinery and fixtures’ instalments. John agreed to pay Gary $3,100 to cover the repair expenses. Required: With reference to relevant legislation and case law discuss the tax treatment of this payment for Gary. (10 marks, maximum 300 words) Week 4 John owns a convenience shop called City Conv. The following events occurred for John during 2019- 2020 financial year. (i) John incurred legal expenses as he was sued for false advertising. (ii) John purchased new fridge to the shop - $800. In addition, his builder added more space to the shop front. This cost him $22,000. (iii) John ordered 1000 new T-shirts with printed City Conv’s logos for marketing purposes. These costs him $1,500. (iv) John received a City of Sydney fine for putting his sales item for display outside his shop without a permit. He required to apply for a permit to use the footpath. Required: With reference to relevant legislation and case law advise John on the assessability and/or deductibility of above events. (10 marks, maximum 300 words) Week 5 A. Alex purchased a CNC machine on 1st October 2019 at a cost of $110,000 (including GST). This machinery is estimated to have a useful life of seven years. B. Alex purchased a Holden car on 1 May, 2019 at a cost of $63,000, estimated to have a useful life of five years. Required: With reference to relevant legislation and case law, discuss and calculate what amount is allowed as a deduction for the decline in value of the machinery and the Holden car discussed above, using both prime cost and diminishing value methods. (10 marks, maximum 200 words) Submission Directions: The assignment has to be submitted via Blackboard. Each student will be permitted one submission to Blackboard only. Each student needs to ensure that the document submitted is the correct one. Academic Integrity Academic honesty is highly valued at Holmes Institute. Students must always submit work that represents their original words or ideas. If any words or ideas used in a class posting or assignment submission do not represent the student’s original words or ideas, the student must cite all relevant sources and make clear the extent to which such sources were used. Written assignments that include material similar to course reading materials or other sources should include a citation including source, author, and page number. In addition, written assignments that are similar or identical to those of another student in the class is also a violation of the Holmes Institute’s Academic Conduct and Integrity Policy. The consequence for a violation of this policy can incur a range of penalties varying from a 50% penalty through to suspension of enrolment. The penalty would be dependent on the extent of academic misconduct and the student’s history of academic misconduct issues. All assessments will be automatically submitted to SafeAssign to assess their originality. Further Information: For further information and additional learning resources, students should refer to their Discussion Board for the unit. Assessment Task – Tutorial Questions Unit Code: HI6028 Unit Name: Taxation Theory, Practice and Law Assignment: Tutorial Questions 1 Due: 11:30pm 22nd May 2020 Weighting: 25% Total Assignment Marks: 50 marks Purpose: This assignment is designed to assess your level of knowledge of the key topics covered in this unit Unit Learning Outcomes Assessed: 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. Description: Each week students were provided with three tutorial questions of varying degrees of difficulty. These tutorial questions are available in the Tutorial Folder for each week on Blackboard. The Interactive Tutorials are designed to assist students with the process, skills and knowledge to answer the provided tutorial questions. Your task is to answer a selection of tutorial questions for weeks 1 to 5 inclusive and submit these answers in a single document. The questions to be answered are: Week 1 With reference to relevant legislation, case law and secondary sources, briefly explain different functions of taxation. (10 marks, maximum 300 words) Week 2 Amandeep born in India and migrated to Australia. He lives in Australia permanently. He still holds Indian passport. Amandeep works with the New Zealand Princess Cruises tours and most of the income year is in New Zealand. He signed an employment contract for this position in the company’s Australian office in Sydney. Amandeep has two kids that are living with his wife Sandeep in Sydney. Three years ago, Amandeep purchased a unit apartment in Sydney. Amandeep and his wife holding dividend yielding shares in an Indian public company called Hindustan Unilever. Amandeep and Sandeep have an Australian bank account as well. Amandeep’s employer pays his salary to this bank account every fortnight. Biannually Amandeep receives a holiday package from his employer, New Zealand Princess Cruises tours and he is using this package with his family traveling in Australia interstates or moves to India to visit his in laws. Required: With reference to the relevant laws, discuss whether Amandeep is an Australian resident for tax purposes and also critically discuss whether Amandeep needs to pay income tax on his salary and investment income explained above. (10 marks, maximum 400 words) Week 3 Gary owns a commercial building and leased his premises to John to conduct a bakery business. Under the lease contract, John is obliged to repair any modified or damaged parts of the building after the lease term. However, John fails to repair Gary’s building, which was damaged due to machinery and fixtures’ instalments. John agreed to pay Gary $3,100 to cover the repair expenses. Required: With reference to relevant legislation and case law discuss the tax treatment of this payment for Gary. (10 marks, maximum 300 words) Week 4 John owns a convenience shop called City Conv. The following events occurred for John during 2019- 2020 financial year. (i) John incurred legal expenses as he was sued for false advertising. (ii) John purchased new fridge to the shop - $800. In addition, his builder added more space to the shop front. This cost him $22,000. (iii) John ordered 1000 new T-shirts with printed City Conv’s logos for marketing purposes. These costs him $1,500. (iv) John received a City of Sydney fine for putting his sales item for display outside his shop without a permit. He required to apply for a permit to use the footpath. Required: With reference to relevant legislation and case law advise John on the assessability and/or
Answered Same DayMay 19, 2021HI6028

Answer To: Assessment Task – Tutorial Questions Unit Code: HI6028 Unit Name: Taxation Theory, Practice and Law...

Suvrat answered on May 22 2021
124 Votes
Week 1
With reference to relevant legislation, case law and secondary sources, briefly explain different functions of taxation.
Ans –
The different functions of taxation are:
· Taxations helps the government to gain revenues which in turn helps the household people by making cash payments such as age pension and family payment
s, and indirectly by government expenditures on health and education.
· Taxation helps the government to spend on public infrastructure such as roads, airports, railway stations, hospitals etc.
· Taxation helps the government to spend revenue collected via taxes to invest in agriculture and other incentives for the farmers to boost economy.
· Major chunk of the taxes collected from the people goes to the development and maintenance of the country’s defence system.
· The revenue received in form of taxes by the government also helps it in maintaining law and order as well as in case of some natural calamity; it helps in restoring the damages done.
· Tax revenue collected is also utilized in many general public expenses such as developing and maintaining public parks and playgrounds, cleanliness of the city/state/country etc.
· Taxation revenue also helps in developing various social security schemes and making payments under these schemes to benefit people.
· One of the important functions of taxation is that a part of the tax revenue collected also goes into the development and maintenance of the scientific and space research programmes.
· Tax revenue collected also helps the government to give benefits to people such free water supply, fixed electricity bill, subsidy on various items etc. All these expenses are bore by government as a part for their expenditure from tax revenues collected.
· Major function of the taxation is that the salaries and wages of the federal as well as state government employees is all paid by the government from the tax revenue collected.
Week 2
Required:
With reference to the relevant laws, discuss whether Amandeep is an Australian resident for tax purposes and also critically discuss whether Amandeep needs to pay income tax on his salary and investment income explained above.
Ans –
In order to determine whether a person in Australia is a tax resident or not, The ATO has certain rules regarding the residency:
· The residency test – Under this test, a person is considered as a resident for tax purposes if he/she resides in Australia – which under normal terms means dwell/live permanently in Australia. It also means that the person has a physical presence, family and business/employment ties, intention etc.
· The domicile test – Under this test, ATO test whether your domicile is in Australia or not. A person is a resident for tax purpose if he/she has a domicile in Australia; unless and until commissioner is satisfied that it is outside Australia.
· The 183 day test – According to the rules, if a person resides in Australia for more than half a year, he/she is considered as resident until it’s established that he/she does not have permanent abode and also does not have any intention to reside.
In the above situation, even if Amandeep holds Indian passport, there are various conditions he fulfils various conditions to be considered resident for tax purposes and these are:
· He lives in Australia...
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