Microsoft Word - HI6028 Individual Assignment T1 2020 HI6028 Taxation Theory, Practice and Law Individual Assignment T XXXXXXXXXX HOLMES INSTITUTE FACULTY OF HIGHER EDUCATION Assessment Details and...

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Microsoft Word - HI6028 Individual Assignment T1 2020 HI6028 Taxation Theory, Practice and Law Individual Assignment T2.2020 1 HOLMES INSTITUTE FACULTY OF HIGHER EDUCATION Assessment Details and Submission Guidelines Trimester T2 2020 Unit Code HI6028 Unit Title Taxation Theory, Practice & Law Assessment Type Individual Assignment Assessment Title Case Studies of Fringe Benefits Tax and Capital Gain Tax 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 concept of FBT, Ordinary Income, 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 25 % of total marks in this unit. Total Marks This assignment task accounts for 25 marks of total marks in this unit. Word limit Max 2000 words (acceptable to be 10% above or below this word limit). Due Date Week 9, 15th of September 2020 (Before 11.59 PM AEST) Submission Guidelines 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. • The self-check links are no longer available as a separate link in each unit’s assessment. Students are now limited to attempt any given assignment submission a maximum of three times. After every attempt you will receive a SafeAssign originality report with Blackboard Learning Management System. This will provide detailed information about the matches found between your submitted works and existing sources. • The assignment is to be submitted in accordance with assessment policy stated in the Unit 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. HI6028 Taxation Theory, Practice and Law Individual Assignment T2.2020 2 • 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. • 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 T2.2020 3 Assignments’ Instructions and Requirements Question 1 (10 Marks) Perisher Pty Ltd (Perisher) is a Ski equipment manufacturer that operates around Mt Hotham in Victoria. On 1 May 2019, Perisher provided Nikita (one of its employees) with a car as Nikita does a lot of travelling for work purposes. However, Nikita’s usage of the car is not restricted to work only. Perisher purchased the car on that date for $44,000 (including GST) plus $2,000 (including GST) dealer delivery charges. For the period of 1 May 2019 to 31 March 2020, Nikita travelled 12,000 kilometers in the car and incurred expenses of $770 on minor repairs that have been reimbursed by Perisher. The car was not used for 10 days when Nikita was interstate and was parked at the airport and for another five days when the car was scheduled for annual repairs. Calculate the Fringe Benefits Tax Liability for Perisher, please have a look at the matrix below on how to answer the question QUESTION 1: Calculate the FBT liability for Perisher Pty Ltd Weighting Identification of material facts (issues) regarding fringe benefits provided to Nikita 1 % Identification and analysis of legal issues / legal question and relevant taxation law in regards to fringe benefits (e.g. FBTAA 1986). 1 % Thorough application of tax law (e.g. ITAA 1936 and ITAA 1997) to material facts in Perisher’s case. 1 % Accurate conclusion of the FBT calculation. 5 % Correct information and taxation law have been used and properly cited. A detailed analysis has been performed. 2 % QUESTION 1 TOTAL MARKS: 10 % HI6028 Taxation Theory, Practice and Law Individual Assignment T2.2020 4 QUESTION 2 - (15 MARKS) Taryn would like to open a new business as an interior designer, to funds her ambition she sold some of the following assets: 1. Antique Painting that was given to Taryn by her father 5 years ago. Taryn’s father bought it on 20 August 1984 for $2,500. Taryn sold it on 1’st June 2020 for $25,000 2. Taryn sold her car (Toyota Corolla) for the amount of $12,000 on 20’th May 2020, she bought on 1’st January 2015 for the amount of $20,000 3. Taryn sold her Harry Potter’s collection for the amount of $1,500 on 4’th January 2020, she bought it second hand on 10’th October 2018 for $350. 4. Taryn sold her gold necklace for $2,000 on 20’th March 2020, she bought it for $1,200 on 8’th August 2018 5. Taryn sold a sculpture for $6,000 on 1 January 2020, she bought it on December 1994 for $1,500 Advise the Capital Gain Tax Consequences for the above transactions, please have a look at the matrix below on how to answer the question QUESTION 2: Capital gain tax consequences Weighting Identification of material facts on regard to each case 2 % Identification and analysis of legal issues / legal question and relevant taxation law for each case. 2 % Thorough application of ITAA 1997 to material facts. 2 % Accurate conclusions are reached from each case. 6 % Correct information and taxation law have been used and properly cited. A detailed analysis has been performed. 3 % QUESTION 2 TOTAL MARKS: 15 % HI6028 Taxation Theory, Practice and Law Individual Assignment T2.2020 5 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 Sills 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.
Answered Same DaySep 07, 2021HI6028

Answer To: Microsoft Word - HI6028 Individual Assignment T1 2020 HI6028 Taxation Theory, Practice and Law...

Soumyadeep answered on Sep 09 2021
139 Votes
Case Studies of Fringe Benefits Tax and Capital Gain Tax
HI6028: TAXATION THEORY, PRACTICE & LAW
Author Name
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Table of Contents
Question 1    3
Question 2    6
References    8
Question 1
Material facts and issues regarding fringe benefits provided to Nikita
The benefits given by e
mployers to employees in addition to the compensation paid is called as fringe benefits. One of the major advantages of fringe benefits is that they result in exemption of taxes for the employer if some criteria are met. The recipients of such benefits, on the other hand are required to include the fair value of the benefits in their annual taxable income. A car fringe benefit will arise when the employer lets the employee use the car held by employer for personal use of the employee.
In our case, the car used by employee Nikita is given by the employer Perisher Pvt Ltd as she is involved in a job which requires a lot of travelling. But the use of the car is not restricted only to be used by Nikita for her job related travel but also for her personal use. So here it requires to calculate the taxable value of the Fringe Benefit Tax Liability for Perisher Pvt Ltd by using a suitable valuation method.
Relevant taxation law in regards to fringe benefits
According to FBTAA 1986, a car fringe benefit arises when:
in an employment, a car held by an employer is available for private use of an employee or his comrade for personal use at any time on a particular day. The application of the car can be treated or considered as a benefit provided by the employer to the employee or his comrade regarding to the employment.
On should consider the following questions or legal issues:
· The magnitude of fringe benefit provided to employee
· Use during work
· Whether the car is available or actually applied for private use
· Any tax liabilities arising out of Fringe Benefit
Application of tax law (e.g. ITAA 1936 and ITAA 1997) to material facts in Perisher’s case.
Under ITAA 1936 sect 51AGA,
A deduction is not permitted to an employee for the expenses to the degree it has been incurred with regards of the provision of car parking facilities for a car if
a. There was a primary place of employment for the employee on that day
b. The car is at a parking facility for more than 4 hours at or near primary place of employment
c. The expenses are relevant provision of parking facilities
d. The car was used for conveyance between the employee’s residence and primary place of employment
e. the provision of parking facilities, for the car, under the regulations during the period or periods is not taken should be excluded from this section
f. the day is on or after 1 July 1993.
In Fringe Benefit Tax, a car benefit is an exempted benefit if the provider does not deduct any amount under section 86-60 of the ITAA 1997. According to this section the degree of deductions by a personal service entity is limited, deductions is not permitted for more than one car reserved for private use. Since the entity do not have any right to claim deductions as per income tax for these cars, this is an exempted benefit.
Methods to calculate the taxable value of a car fringe benefit
· Statutory...
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