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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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 case 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), unfranked 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 All Sports Ltd for the year ended 30 June 2019. (Assume company tax rate is 30%) Question 5 - Week 11 (7 marks) Discuss the ATO’s ‘Test Case Litigation Program’ Question 6 - Week 12 (11 marks) Richard is a retired solicitor. His wife Tracy is a retired school teacher. Both wish to remain active and they invest in a gift shop that is to be managed by their daughter Alice, who is aged 35. They form a partnership of three called “Alice's Gift Shop”. Richard and Tracy contributed $40,000 each to fund the purchase of the shop. The partnership agreement provides: • Both Richard and Tracy are to receive interest at the rate of 10% p.a. on their capital contribution of $40,000. • Alice will receive a salary of $25,000 for the management of the shop, as well as superannuation contributions of $6,000. • A car will be leased by the business and provided to Alice. • All profits and losses are to be shared equally between the three partners. The accounts for this income year show the following: Income ($) Sales (excluding GST) 240,000 Expenses ($) Cost of goods sold 130,000 Interest on capital paid to Richard and Tracy 8,000 Salary to Alice 25,000 Superannuation to Alice 6,000 Lease payments on car (excluding GST) 7,000 Other deductible operating expenses (excluding GST) 14,000 The leased car was used 80% of the time for business and 20% of the time for private purposes. Required: With reference to the facts above: A.Calculate the net income of the partnership. B.Show the allocation of net income to each of the three partners. C.You must refer to relevant legislation and/or case law in your answer. 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 The accounts for this income year show the following: With reference to the facts above:
Answered Same DayOct 16, 2021HI6028

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

Riddhi answered on Oct 17 2021
131 Votes
Answer to Question1     
A tax resident in Australian must declare all the income in his tax returns in Australia whether received in Australia or in foreign country and shall be eligible for offset in Australia. First step will be to understand whether Pablo is a resident of Australia or a nonresident for tax purpose. There is various test to determine residential status namely Reside
ntial test, Domicile test, 183-day test, Etc. Pablo is nonresident for tax purpose as per all the test of residency.
Now, to determine the taxability of income earned by Pablo who is a nonresident or foreign resident we must understand the source of income that he has earned. As per ATO Rules a foreign resident should declare any income that he has earned in the country of Australia through employment, rental income, pension or annuities or capital gain. If a foreign resident visits Australia on work visa without any dependents and have no social security number, he must declare only the source of income that he earned in Australia in tax returns.
Pablo has stayed in Australia for only one month and is a resident of Portugal and has spent a month in Australia for his work. This clearly indicates that Pablo is a foreign resident and hence, he shall be liable to pay tax on the income earned by him in Australia.
The Answer to the question will be Pablo will have to file is tax returns in Australia will be yes Pablo will have to pay tax on the income earned from Australian Source of Australian $1,20,000 from his employment in Australia.
Answer to Question 2
In the case law of California Copper Syndicate Ltd V Harris, the objective of forming the company was to acquire fields of minerals from the share capital. The said mineral fields were sold after two years of incorporation of the company. There was no sale of mineral field instead the shares of the company were sold for the said transaction. The profit arising from sale of land was not received in cash but received in the form of shares of Fresno Company.
The contention of the company was that sale of land or shares of the company was Capital increment and not in the form income. The contention of the parties was that the acquiring company which is Fresno Company is liable to pay such taxes on income and not California Syndicate. However, the contention of the Commissioner of Income tax, 1842 was that since there is an activity of sale and purchase of land and the same has been sold for aa consideration which is cash or shares of the other company. There is an appreciation in the form of sale and the consideration received whether in kind or in cash is more than the cost of the asset. That says that company has sold land at the profit and income tax liability in case of profit.
The Judgment was finally given by Lord Justice Clerk after hearing contentions and arguments of both the parties. The ruling given on the grounds that a person buying or selling shares or securities or land for the purpose of making gain or profits is assessed under income Tax. With the same principle, a company formed with the objective of acquiring the land and undertake mining activities, later sold the asset, and made profit or gain on sale of land will be assessed under income tax act. Though the object of the company may have changed after incorporation.
It was observed that Company was formed with the capital of 30,000 pound and the same was used to acquire copper and other mines and entered various treaties and contracts for rights of mining. Company invested 24000 pound in copper bearing field out of the money of capital and balance used in research and development activity. Later the company sold the property to Fresno and acquired 3,00,000 fully paid shares in FRESNO Company against sale of property.
The Judgment was later upheld by Lord Young according to him the...
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