Microsoft Word - HI6028 Individual Assignment T2 2019 HI6028 Taxation Theory, Practice and Law Individual Assignment T2.2019 XXXXXXXXXX1 HOLMES INSTITUTE FACULTY OF HIGHER EDUCATION Assessment Details...

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Microsoft Word - HI6028 Individual Assignment T2 2019 HI6028 Taxation Theory, Practice and Law Individual Assignment T2.2019 1 HOLMES INSTITUTE FACULTY OF HIGHER EDUCATION Assessment Details and Submission Guidelines Trimester T2 2019 Unit Code HI6028 Unit Title Taxation Theory, Practice & Law Assessment Type Assignment Assessment Title Individual Assignment Purpose of the assessment (with ULO Mapping) Students are required to follow the instructions by your lecturer to confirm any relevant information. You also need to follow any relevant announcement on Blackboard to confirm the due date and time of the assignment. 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. (ULO 1). 2. Identify and critically analyse taxation issues. (ULO 2). 3. Interpret the relevant taxation legislations and case law. (ULO 3). 4. Apply taxation principles to real life problems. (ULO 4). Weight This assignment task accounts for 20 % of total marks in this unit. Total Marks This assignment task accounts for 20 marks of total marks in this unit. Word limit Max 2000 words (acceptable to be 10% above or below this word limit). Due Date Refer to the Unit Outline, as Normal Mode & Block Mode have different due dates. 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. HI6028 Taxation Theory, Practice and Law Individual Assignment T2.2019 2 Individual Assignment Specifications Purpose: This assignment aims at assessing students on the Learning Outcome from 1 to 4 as mentioned above. 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. • It is the responsibility of the student submitting the work to ensure that the work is in fact his/her own work. Incorporating another’s work or ideas into one’s own work without appropriate acknowledgement is an academic offence. Students should submit all assignments for plagiarism checking (Via SafeAssign) on Blackboard before final submission in the subject. For further details, please refer to the Unit 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. • 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. A copy of the Policy is available on the Holmes Institute home page. (About Holmes > Policies) This policy is also explained in your Student Handbook. • Plagiarism and contract cheating in any form will not be tolerated and will have severe consequences for the groups found committing the same, including receiving zero (0) for the entire assignment and possible failure in the entire unit. • 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. HI6028 Taxation Theory, Practice and Law Individual Assignment T2.2019 3 Assignment Structure should be as the following: Question 1: The goods and services tax (GST) Weighting Identification of material facts regarding The City Sky Co goods and services tax (GST) consequences discussed in the assignment question. 1 % Identification and analysis of legal issues / legal question and relevant laxation law. 2 % Thorough yet succinct application of tax law to material facts. 3 % Detailed and accurate conclusions are reached from the discussion. 1 % Correct information and taxation law have been used and properly cited. A detailed analysis has been performed. 2 % Shows excellent understanding of the cases and/or section of legislation, its context and application of taxation law. 1 % QUESTION 1 TOTAL MARKS: 10 % Question 2: Capital gains tax (CGT) Weighting Identification of material facts regarding the capital gain tax (CGT) consequences of Emma’s transactions discussed in the assignment question. 1 % Identification and analysis of legal issues / legal question and relevant laxation law. 2 % Thorough yet succinct application of tax law to material facts. 3 % Detailed and accurate conclusions are reached from the discussion. 1 % Correct information and taxation law have been used and properly cited. A detailed analysis has been performed. 2 % Shows excellent understanding of the cases and/or section of legislation, its context and application of taxation law. 1 % QUESTION 2 TOTAL MARKS: 10 % HI6028 Taxation Theory, Practice and Law Individual Assignment T2.2019 4 Assignments’ Instructions and Requirements QUESTION 1- (10 MARKS) 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 - (10 MARKS) 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. HI6028 Taxation Theory, Practice and Law Individual
Answered Same DaySep 08, 2021HI6028

Answer To: Microsoft Word - HI6028 Individual Assignment T2 2019 HI6028 Taxation Theory, Practice and Law...

Jyoti answered on Sep 15 2021
136 Votes
Solution to Question 1
Facts
The City Sky Co, a registered entity under GST has availed legal services from a lawyer ‘Maurice Blackburn’ for $33,000. The turnover revenue of Maurice Blackburn’ is $300,000 per year.
Analysis
For the purpose of analysing the input tax credit entitlement of aforesaid legal service, we first understand the provision in GST law.
According to sect
ion 11-20 of the Goods and Services Act, 1999 (GST Act), an entity is entitled to an input tax credit for any creditable acquisition that it makes. A credit of tax paid or payable to acquire inputs is made available against tax on outputs and a refund is issued where input tax credit exceeds output tax amount. (Copper, et al., 1999).
In terms of section 11-5 of the GST Act, a creditable acquisition happens when all of the following conditions are satisfied: (a) entity acquires anything solely or partly for a creditable purpose; (b) the supply of the thing is a *taxable supply; (c) consideration of supply is provided or liable to be provided by an entity; (d) such an entity is registered, or is required to be registered
Further, section 11-15(1) of the GST Act, states that an entity acquires a thing for a creditable purpose to the extent that it acquire the same in carrying on entity’s enterprise.
GST paid or payable on the supply of the thing acquired is allowed as input tax credit for a creditable acquisition. [Section 11-25 of the GST Act].
Application of Law
In our question, The City Sky Co.is into property investment and development and has availed the legal services in respect of land bought for development purposes. The legal service is a taxable supply and The City Sky Co. is liable to pay fees of $33,000. Moreover, the City Sky Co. is registered under GST Act. Therefore, all the conditions for a creditable acquisition are satisfied and GST at the rate of 10 percent on $33,000 which comes to $3300 will be allowed as input tax credit.
Conclusion
The City Sky Co. is entitled for input tax credit of $3300 in respect of creditable acquisition-legal services availed from Maurice Blackburn’ as per provisions of section 11-20 of the GST Act.
Solution to Question 2
Facts
In 2015, Emma has sold a block of land, shares in Rio Tinto, stamp collection and grand piano. These transactions may attract capital gain tax (CGT) under Income Tax Assessment Act, 1997 (ITAA) to be included in her income tax return for 2015.
Analysis –Capital Gain Tax
Parts 3-1 and 3-3 of ITAA consisting division 100 to 122 deals with CGT. A capital gain or loss arises to a taxpayer in case any capital gain asset attracts any CGT event (McGregor et. al., 2000). There are various type of assets involved in CGT like shares, land, building, collectables etc.
CGT events are enumerated in section 104-5 of ITAA. After identifying CGT event applying to a particular transaction, a taxpayer needs to know whether any exception is applicable or any exemption can be availed. Once an exemption applies, the capital gain or loss is not considered for the purposes of determining income. Similarly, in case, any exception is applicable, then capital gain or loss is disregarded. One of the most important exception is acquisition of capital gain asset before 20th September, 1985 as CGT applies only to those assets which are purchased on or after 20th September, 1985.( Wyatt et al.,2003).
Capital gains is computed by making comparison of the amount paid for purchasing an asset i.e. cost base to the amount received on sale or exchange of an asset. If the difference is arrived at due to capital proceeds exceeding cost base, there will be a capital gain or a capital loss, if cost base exceeds capital proceeds.[Section 104-10(4) of ITAA].
Net capital gain is, then, included in assessable income of a taxpayer. (Minas et Al.,...
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