Assessment Task – Tutorial Questions Unit Code: HI6028 Unit Name: Taxation Theory, Practice & Law Assignment: Tutorial Questions Due: 11:59pm (AEST), Thursday, October 15, 2020 Weighting: 50% Total...

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Taxation Practice and Law


Assessment Task – Tutorial Questions Unit Code: HI6028 Unit Name: Taxation Theory, Practice & Law Assignment: Tutorial Questions Due: 11:59pm (AEST), Thursday, October 15, 2020 Weighting: 50% 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, taxation of company, GST, general anti-avoidance provisions and income tax administration, partnership 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. The 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 question for weeks 1 to 12 inclusive and submit these answers in a single document. Submission Directions: The assignment will be submitted via Blackboard. Each student will be permitted only ONE submission to Blackboard. You need to ensure that the document submitted is the correct one. The questions to be answered are; Question 1 - Week 2 (7 marks) Pablo is a Portuguese resident employed by a Portuguese company. He is sent to Australia to work on a short- term project to assist with the establishment of a branch office of the company in Australia. Pablo works in Australia for one month. Throughout this period, his salary was paid into his Portuguese bank account. During the year, he earned the equivalent of A$120,000 from his employment. Does Pablo have to pay Australian tax on any of his salary? Question 2 - Week 3 (7 marks) Explain the respective outcomes reached by the courts in the following cases involving sales of land: Californian Copper Syndicate Ltd v Harris Question 3 - Week 9 (7 marks) Surfs Up P/L is a national retailer that sells a range of surfing and water sports equipment (surfboards, clothing, etc.) with an annual turnover of $60 million. Surfs Up purchases “Billapro” surfboards for $440 each from Billapong P/L, a large manufacturer of surfboards located at Gold Coast with an annual turnover of around $45 million, this was their only sale for the month. Surfs Up plans to sell the Surfboards at a 200% mark-up to its customers. In October last year it purchased 370 surfboards but a couple of months later (December) they discovered that 14 of the surfboards were faulty and subsequently returned these faulty surfboards to the manufacturer, obtaining a full refund. Assume both apply the accrual method of accounting. Requirement: Explain the GST consequences of this arrangement for both companies. Question 4 - Week 10 (11 marks) Melbourne Awesome Ltd supplies a wide range of folding bicycles. Melbourne Awesome Ltd derives Australian sourced income for the current tax year comprising net income from trading of $80,000, franked distribution from public companies amounting to $28,000, (carrying an imputation credit of $12,000), unranked distributions from resident private companies amounting to $25,000 and rental income of $5,500. Melbourne Awesome Ltd also have total deductions (Business Expenses) totaling $55,000. Required: Calculate the net tax payable by Melbourne Awesome Ltd for the year ended 30 June 2019. (Assume company tax rate is 30%) Question 5 - TBA Question 6 - TBA Academic Integrity Holmes Institute is committed to ensuring and upholding Academic Integrity, as Academic Integrity is integral to maintaining academic quality and the reputation of Holmes’ graduates. Accordingly, all assessment tasks need to comply with academic integrity guidelines. Table 1 identifies the six categories of Academic Integrity breaches. If you have any questions about Academic Integrity issues related to your assessment tasks, please consult your lecturer or tutor for relevant referencing guidelines and support resources. Many of these resources can also be found through the Study Skills link on Blackboard. Academic Integrity breaches are a serious offence punishable by penalties that may range from deduction of marks, failure of the assessment task or unit involved, suspension of course enrolment, or cancellation of course enrolment. Table 1: Six categories of Academic Integrity breaches Plagiarism Reproducing the work of someone else without attribution. When a student submits their own work on multiple occasions this is known as self-plagiarism. Collusion Working with one or more other individuals to complete an assignment, in a way that is not authorised. Copying Reproducing and submitting the work of another student, with or without their knowledge. If a student fails to take reasonable precautions to prevent their own original work from being copied, this may also be considered an offence. Impersonation Falsely presenting oneself, or engaging someone else to present as oneself, in an in-person examination. Contract cheating Contracting a third party to complete an assessment task, generally in exchange for money or other manner of payment. Data fabrication and falsification Manipulating or inventing data with the intent of supporting false conclusions, including manipulating images. Source: INQAAHE, 2020 If any words or ideas used the assignment submission do not represent your original words or ideas, you must cite all relevant sources and make clear the extent to which such sources were used. In addition, written assignments that are similar or identical to those of another student 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 suspension of enrolment. The penalty would be dependent on the extent of academic misconduct and your history of academic misconduct issues. All assessments will be automatically submitted to SelfAssign to assess their originality. Further Information: For further information and additional learning resources please refer to your Discussion Board for the unit.z Assessment Task – Tutorial Questions
Answered Same DaySep 27, 2021HI6028

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

Sumit answered on Oct 03 2021
124 Votes
HI6028 – Taxation Theory, Practice & Law
Table of Contents
Question 1 – Tax Residency    3
Question 2 – Ordinary vs Capital Income    5
Question 3 – GST Treatment    6
Question 4 - Calculation of Taxable Income and Income Tax for Melbourne Awesome Ltd    8
Question 5 – ATO’s Test Case Litigation Program    9
Question 6 – Partnership Income Distribution    10
Section A – Calculation of N
et Income of Partnership    10
Section B – Distribution of Partnership Income    10
Section C – Relevant legislations    11
References    12
Question 1 – Tax Residency
A person is taxed on his income in any country based on the tax residency laws of that particular country based on the reason of domicile, residence, place of incorporation, etc. The principles of tax residency along with double tax avoidance agreements with various treaty countries prevent a person to be taxed on his income more than once. Further tax residency is separate from residency for immigration purposes. A person may be a citizen or a permanent resident of a country but not a resident for tax purposes; likewise he may be a temporary resident but still be a resident of a country for tax purposes.
In Australia the tax residency of a person will be determined using the Resides Test, Domicile Test, 183-day Test or the Commonwealth Superannuation Test. A person resident for Australian Tax purposes determined with above tests shall be liable to declare and pay tax on all income derived in Australia as well as globally. However a Non-resident shall only have to declare income and gains derived in Australia. Further Non-residents don’t get to claim the tax free threshold and don’t have to pay Medicare Levy or Medicare Levy Surcharge.
Non-residents will have to lodge an Income Tax Return if they have income from Australian sources except for Dividend, Interest or Royalty Income subject to tax withheld properly on these. However if Non-residents have any other income apart from the above or if there hasn’t been proper tax withholding they will have to lodge a tax return and pay income tax on the same. Non Resident Tax Rates as below for the year 2020-21:
    Taxable Income
    Tax on Taxable Income
    0 - $90,000
    32.5c for each $1
    $90,001 - $180,000
    $29,250 plus 37c for each $1 over $90,000
    $180,001 and over
    $62,550 plus 45c for each $1 over $180,000

Pablo being a Portuguese resident having been sent to Australia by his employer for a month doesn’t count as a resident for Australian Tax purposes since he doesn’t reside in Australia, doesn’t have a domicile in Australia, wasn’t living in Australia for more than 183 days or isn’t a part of the Commonwealth Superannuation Scheme. He thus will be liable to pay tax on his salary earned in Australia on the equivalent amount of $120,000. His tax liability will ofcourse be calculated as per above non-resident tax rates subject to his taxable income i.e. $120,000 less any work related deductions.
Question 2 – Ordinary vs Capital Income
One of the important considerations on a sale of business asset is whether the activity is carried on by the taxpayer on revenue account whereby the profits on such sale will be assessable as ordinary income or whether it is capital in nature and Capital gains tax provisions apply. One such landmark case was Californian Copper Syndicate Ltd v Harris.
Californian Copper Syndicate was incorporated with its main objectives as stated in its Memorandum of Association as mining of copper and other minerals, sale of mining rights and also carrying on mercantile, commercial, financing and trading business. The company acquired copper bearing land in the county of Fresno but never extracted copper from it. Subsequently it sold the land to another company in exchange for shares of that company as sale consideration. The...
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