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ACC5TAX Taxation

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  • Course Code: ACC5TAX
  • University: La Trobe University
  • Country: Australia

Questions:

Objective:

Assignments will be assessed against the SILOs for the assessment. In particular, assignments will be assessed based on objective demonstration of the following:

1. Acting as a team, engagement of critical thinking and interpretation skills to correctly identify the issues to be analysed in the case study.

2. Application of critical thinking, interpretation and analytical skills to develop a meaningful analysis of the issue(s) previously identified, with detailed and analytical application of tax concepts, tax principles, legislation and case law. Mere citation, transcription or repetition of theory, concepts, legislation and case law without proper application will not attract any marks.

3. Correct application of tax concepts and case law principles to calculate tax liability (if required). Calculations must be fully stated and supported by applicable legislation and case law (where case law is required).

4. Elaboration of a solution to the issues presented in the case study, referring to the elements analysed and concluding the case.?

Case study:

Jenny Jones is a 43 year-old marketing manager employed by Jockwood Pty Ltd in Melbourne. Jenny engages your services for the preparation of her 2018/19 tax return.

On 20 April 2020 Jenny sends you the email below:

From: Jenny Jones <j.jones@jockwood.com.au>
Sent: Monday, 20 April 2020, 9:00:43 AM
To: Tax Accountant
Subject: Tax return 2018/19 – Jenny Jones

Dear Tax Accounting Team,

I provide some details that should be of assistance in the preparation of my tax return.

Salary and allowance - As discussed, please note that I received $69,000 net salary for 2018/19 after my employer had deducted PAYG of $30,000.  This can be found on my 2018/19 payments summary.  I will send this to you later.  In addition, I received an Executive Allowance of $10.000 to cover my wardrobe needs that I fully spent to improve my professional wardrobe (and I have all the receipts) and claim as a deduction to cover my professional attire.  (Image is everything as a marketing director).  In addition, I also claim hairdressing costs of $4,000 and make-up of $1,000 that I was required to also spend to promote and maintain my professional image.  

Gifts? - I received a $1,000 Myer gift voucher from Rockfords for my 20 years service and I was so happy when my staff all chipped in together to give me a China vase valued at $200.

Investment earnings – I received $1,000 from the bank for my high interest term deposit and my partially franked dividends (40%) of $7,250 from Tiny Co P/L being a very small company Casino Winnings and TAB Account– I loved going to the Casino on the weekend and was getting to be well known by staff as a bit of a regular playing Roulette - they joked and said I was addicted to gambling and was like a ‘professional gambler’.  Fortune favoured the brave and I made $20,000 over the year with my regular attendances, which I was delighted with.   But what has been really great is that I have won $50,000 in 2018/19 – I just love watching the ponies, it is so exciting. I limit myself to a betting only once each week and I did really well – although some weeks were not so good - I really bombed out. But I received a good tip one week and won $25,000 on a trifecta!

Sale of my residence - Settlement has finally come through on the sale of my home. Hooray. You will recall that I purchased my 2 story apartment in Melbourne city on 1 July 2001 at a bargain cost of $200,000 and $25,000 for various expenses such as stamp duty and other fees and on 30 June 2019 I entered into a contract, and I sold it for $700,000, and settlement was 3 months later.  There was another $15,000 expenses for commission on sale and other expenses. You might remember I rented out the top floor to university students for a period of 9 years but that doesn’t matter as at all time it was still my main residence, so it is still exempt– is that right?

Company Car - Since I was promoted to my current Marketing Director position, Jockwood provided me with a Toyota Corolla at no cost (although I know the car cost them $25,000) except for fuel, which costs me $80 per month. I’ve been driving this car since 1 October 2018, to and from work and on the weekends, but not to visit clients (I prefer to take an Uber to visit clients so I can work during the trips).  I did use the car for income producing purposes.  I travelled a number of times to visit the property to inspect it and discuss matters with the tenants such as when they were late paying me the rent, and the leaking roof (see rental property)  I estimate my car expenses were in the order of 1000 kms so using the Commissioner’s rate of 68c/km for income producing purposes, I claim $680.

Rental property - I signed the contract to purchase the Inverloch house on 10 August 2018 and it has been rented at $1,500 per month since 1 September 2018. On 1 October 2018 the tenants advised of a leak from the roof, so I had it fixed at a cost of $22,000. It was that expensive because 1/3 of the roof had to be replaced, and I paid this amount in full on 04 October 2018 when the service was completed.  

Company Loan - On 1 January 2019 I took a loan with Jockwood of $600,000 at an interest of 4% per annum. I used $400,000 to buy an investment property in Inverloch/VIC, and the rest I used to pay off my home mortgage.

Various expenses – I made a donation to La Trobe University of $1,000.   I had a tax return fee I paid in August 2018 of $300, that I paid to a retired tax officer – much cheaper than going to the registered tax agent. I made a superannuation contribution of $10,000 to my superfund (not salary sacrificed but through my after tax money).  I had telephone expenses of $1,000, and 10% are business related.  I purchased a new leather brief case at the January sales on New Year’s Day for $290 which I use as a tool of my trade -  no private use.

That should be all you need for your deliberations.  I look forward to hearing back from you with my completed tax return.

Thank you very much.

Kind regards,

Jenny Jones

PS

Actually, there is one more issue I need to discuss with you. In March this year I spent $25,000 in legal fees while suing my previous employer who, during my employment time, consistently paid me 25% less than a male colleague who held an equivalent position and performed exactly the same functions as me. We ended up settling the dispute out of Court and I agreed to receive a payment of $350,000 in arrears and moral damages, which were paid in a lump sum on 15 June this year. This is a significant amount and I don't want to have trouble with the ATO. Could you please provide me with a separate letter of advice explaining the income tax consequences related to the legal fees I incurred and the payment I received?

Required

Prepare a report to put into Jenny’s file which you can use as background in discussion with the Partner, and subsequently when you need to provide further advice to Jenny.  

Format of your report.  You must:

  • address the issues as raised using the same numbering system / headings listed above in Jingjing’s email.  
  • adopt a report style approach using 3 headings like  

Issue

Law that applies, including Reasons (& Common Law/Tax Ruling)

Amount ($)

Effect on taxable income

 

1. Be succinct given the word limit, but in your discussion make sure you state, the relevant legislative authority and/or case law authority and the final effect on taxable income / tax liability under the Amount heading).

2. Based on your report, prepare Jenny’s statement of taxable income and calculate her final tax refund/liability including Medicare Levy for the year ending 30 June 2019, stating the applicable legislation and case law (note: calculation of the private health insurance is not required).

3. Prepare a letter of advice explaining the tax consequences related to the legal fees incurred by Jenny and the lump sum payment received in connection with the lawsuit for the year ending 30 June 2019, applying legislation and case law to support your letter.

 

Answers:

1: 

Issues

Reasons/Discussion

Amount ($)

Issue 1: Salary and Allowance

Under the “sec 6 (1) ITAA 1936” the income that is received by an individual taxpayer out of their individual effort are known as personal exertion income. The judgement that was made in “Dean & Anor v FCT (1997)” stated that the remuneration paid to employee for being employed in the company was a taxable ordinary income. Jenny receives gross salary of $69,000 and it will be taxable as personal service income under “sec 6-5 ITAA 1997”.

(+) $69,000

Executive Allowance

Jenny has also been given an allowance from her employment. Under “sec 6-5 ITAA 1997” it included in her assessment as ordinary income.  

(+) $10,000

Hairdressing and make-up costs

The expense that are occurred in ordinary dress or apparel are not permitted for general deduction under “sec 8-1 (2) ITAA 1997” because they are not incurred for producing taxable income. Mentioning the judgement in “Mansfield v FCT (1996)” no general deduction is permitted for ordinary articles of apparel even though a taxpayer is needed to maintain a suitable appearance in a job. Expenses occurred by Jenny on hairdressing and make-up will be non-deductible private expense under “sec 8-1 (2) ITAA 1997” .  

$0 (Non-Deductible)

 

Issues

Reasons/Discussion

Amount ($)

Issue 2: Gifts (Voucher and China Vase)

Gifts relating to personal qualities do not have the character of income. The law court in “Hayes v FCT (1956)” shares given to accountant by his previous boss was not having the characteristics of income. The Myer gift voucher and China Vase will be regarded as mere gift that lacks the character of income. Therefore it is not an ordinary income under “sec 6-5 ITAA 1997”.  

$0 (Non-assessable)

 

Issues

Reasons/Discussion

Amount ($)

Issue 3: Investment Earnings (Interest)

The interest represents the character of income under “sec 6-5 ITAA 1997” when received by an individual taxpayer. Accordingly in “Riches v Westminster Bank Ltd (1947)” interest represents the profit and it is taxable ordinary income for the recipient.

Jenny received a bank interest of $1,000 and it is a taxable ordinary income within “sec 6-5 ITAA 1997”.

(+) $1,000

Partially Franked Dividend

Under the statutory definition of sec 44 (1) ITAA 1936 the dividends are included in the taxable income of taxpayer. Whereas the franking credits are initially included for assessment purpose within “sec 202-60 ITAA 1997” but can be claimed as tax offset by a taxpayer.

The dividends received by Jenny is included in her assessable income based on the statutory definition of sec 44 (1) ITAA 1936. Furthermore the franking credits attached are also included in Jenny’s assessable income within “sec 202-60 ITAA 1997” but she can be claimed as tax offset from her total tax payable.

  

(+) $7,280

(+) $4,833

(-) $4,833

 

Issues

Reasons/Discussion

Amount ($)

Issue 4: Casino Winnings and TAB account

According to the ATO where a taxpayer makes money from gambling then they are not held as ordinary income within the “sec 6-5 ITAA 1997”. The winnings from gambling’s are often viewed as chance winnings. The taxpayer will be only held assessable when they are doing gambling business. The federal court in “Evans v FCT (1989” ruled that winnings from gambling of the taxpayer was non-taxable income because he was not carrying the business of gambling. The taxpayer are also not allowed to deduct any losses from gambling. Jenny won $50,000 from gambling and further $25000 from trifecta. These money are treated as chance winning and will not form the part of her taxable income.    

Non-Assessable $0

 

Issues

Reasons/Discussion

Amount ($)

Issue 5: Sale of Residence (Capital Gains)

Generally main residence exemption is allowed to the taxpayer however if the house is used for generating taxable income then the capital gains is apportioned and a partial main residence is given. The capital gains received from selling the main residence is apportioned based on the total number of days the taxpayer was the owner of property less the total number of days the property was let out for rent.

The main residence of Jenny was let out for nine years for generating rental income. She will be denied full main residence exemption because the property was used for generating income. Therefore, Jenny can get partial main residence exemption from her capital gains. Furthermore, reference to “Sara Lee Household v FCT (2000)” can be made to state that the timing CGT event will be 2018/19 because the contract for sale was entered into by Jenny on 30th June 2019. Jenny can avail 50% discount from her capital gains to reduce the tax liability.  

(+) $102210

 

Issues

Reasons/Discussion

Amount ($)

Issue 6: Company Car

When a car is given to employee by an employer then a car fringe benefit happens under “sec 7 FBTAA 1986”. Jenny gets promoted to Marketing Director position and is given a car by her employer. As a result this has contributed to car fringe benefit for Jenny under “sec 7 FBT 1986” while the employer will be liable for FBT.

$0

Work related travel expenses

The ATO has allowed the taxpayer to avail deduction for car expenses that are incurred while discharging employment related duties. As estimated by Jenny, the car has travelled $1000 kilometre for business purpose. Therefore, Jenny can claim deduction for 1000 kilometre at 0.68 cents per kilometre for business travel made by car.   

(-) $680

 

Issues

Reasons/Discussion

Amount ($)

Issue 7: Rental Property

 

Under “sec 6-5 ITAA 1997” rental income are included for assessment purpose. Jenny has received a rental income from her rental property which will be taxable as ordinary earnings with in “sec 6-5 ITAA 1997”.

(+) $$1500 x 10 months = $15,000.

 

Repairs on Rental Property

Deduction relating to repair is permitted within “sec 25-10 ITAA 1997” that are occurred to remedy the defect on the income generating property. The decision made in “Jones & Co v FCT (1951)” allowed the taxpayer with deduction for repairs made on premises by replacing the chimney since the repair were viewed as replacement of subsidiary portion of entirety. A specific deduction within “sec 25-10 ITAA 1997” will be permitted to Jenny for expenses occurred on replacing the roof because it was repair of subsidiary portion of entirety.

(-) $22,000

 

Issues

Reasons/Discussion

Amount ($)

Issue 8: Company Loan (Interest on loan)

Expenses incurred for taking loan such as interest on loan to purchase a rental property are permissible general deduction within “sec 8-1 ITAA 1997”. If any part of rent is used for private purpose then the expenses needs to be apportioned till business use only. A general deduction for loan interest will be permitted under “sec 8-1 ITAA 1997” for loan interest on $400,000 amount while the rest of the amount is used for private purpose.  

(-)$8000

 

Issues

Reasons/Discussion

Amount ($)

Issue 9: Various Expenses

Donation

“Division 30 ITAA 1997” permits a taxpayer to get deduction for donation. Similarly Jenny can deduct the donation made to La Trobe under “Division 30 ITAA 1997”

(-) $1,000

Telephone Expense

Jenny is only permitted to obtain 10% deduction for telephone expenses because it was devoted to business purpose.

(-)Telephone expense = 10% x 1000 = $100

Brief case

Expense occurred by Jenny on brief is allowable general deduction “sec 8-1 ITAA 1997” since the briefcase is completed devoted to business purpose.

(-)$290

Tax agent fees

Jenny cannot claim deduction for $300 paid to retired tax officer for filing tax return fee because he was not the registered tax agent.   

$0

 
 

2: 

Computation of Tax Liability

In the books of Jenny

For the year ended 30th June 2018

Particulars

Amount ($)

Amount ($)

Assessable Income

 

 

Gross Salary

 

69000

Executive Allowance

 

10000

Australian sourced interest income

 

1000

Australian sourced dividend income

 

 

Partially franked dividends

7250

 

Gross up franking credits (7250 x 40/60)

4833.33

12083.33

Capital Gains from Sale of residence

 

 

Australian sourced rental income

 

15000

Sales proceeds

700000

 

Less: Commission on Sales

15000

 

Net Sales Proceeds

685000

 

Cost base: Purchase price

200000

 

Add: Stamp Duty

25000

 

Total Cost base

225000

 

Total Capital gains

460000

 

Taxable Capital gains (Note 1)

204421.12

 

50% CGT Discount

102210.56

102210.56

Total Assessable Income

 

209293.89




Notes: Rental Property Capital Gains

3: 

Private and Confidential

Knight Tax Advisors

846 Herald Queen Street NSW 999

To

Dear Jenny

We are responding to your recent mail and a detailed telephonic discussion that we made so that we can provide you advice associated to the matters concerning the tax deductibility of the legal expenditure incurred by and the lump sum payment which amounts to $350,000 received by you.

Scope of the letter:

The primary scope concerning this letter is to provide you with necessary advice on how you can claim a tax deduction for the legal expense and tax treatment of lump sum payment which you have received. The letter will be simply addressing the matters that are sought by you and will be omitting the other consequences related to the tax which may follow if there is an increase or decrease in the assets.  

Facts:

The letter of advice is based on the necessary facts combined with the needed assumption on the basis of which advice is provided to you. If you deem any of the matters or the advice given is not suitable or you fail to understand then we would request you to kindly reach us as soon as possible because till be affecting you tax position. The advice is highly based on applicable laws, rulings as well as cases since we thing it has applicability in your tax position based on the facts established by you.

Summary of Advice:

We are summarizing our opinion with respect to the matters given above. We found that you reported an expense of $25,000 as legal fees that brining a lawsuit against your former employer who constantly paid you less by 25% than your male colleague for the equivalent work and position. As the general rule, you should understand that under “sec 8-1 ITAA 1997” you are permitted to deduct the expenses that you have incurred in producing your taxable income. We put forward the decision in “FCT v Day (2008)” where the legal expense incurred by the public employer was permitted for deduction the expense were incurred in relation to his income generation activities and the expenses were not private, domestic or capital in nature.

We shift our attention towards the legal expense of $25,000 reported by you during the year. The legal expenses is connected to your employment directly and has satisfactory nexus with your income generating activities. We are following the decision of “FCT v Day (2008)” to state that you are permitted to claim deduction for the legal expenses incurred by you. The legal expense does not hold any enduring benefit and it will be treated in the revenue account. The expenses were incurred by in claiming damage. Therefore, under the general deduction rule of “sec 8-1 ITAA 1997” you are permitted to deduct the legal expenses,

You further reported that in your lawsuit you claimed for damages and in return you have been compensated with a sum of $350,000 in arrears. According to “sec 6-5 ITAA 1997” there is a possibility to characterize the voluntary or unanticipated payments as ordinary income on the basis of nature of payment that is received as a replacement for nexus. We are following the decision of “FCT v Dixon (1952)” case reference in your case to state that periodic payment which is given to a taxpayer as the settlement of differences for the previous pay and his army was held as taxable ordinary income within the meaning of “sec 6-5 ITAA 1997”.

In following the decision of aforementioned case the lump sum payment of $350,000 which you have been compensated is for covering your lost income and for settlement of difference that was paid to your colleague. The compensation amount will be included your assessable income because it involved direct nexus with your occupation. For that reason, the compensation amount of $350,000 will be included into your taxable income on the basis of ordinary concept of “sec 6-5 ITAA 1997”.

We expect that the advice which we have provided to you is a valuable in terms of your tax deductibility and taxability of income. In any circumstances, if you want to discuss with us in a more detailed manner, we would request you to kindly visit our office during the business hours.

Thank You

Yours Faithfully,

Knight Tax Advisors

 

Bibliographies:

Woellner, R., Barkoczy, S., Murphy, S., Evans, C., & Pinto, D. (2016). Australian Taxation Law 2016. OUP Catalogue.

Barkoczy, S. (2016). Foundations of Taxation Law 2016. OUP Catalogue.

Sadiq, K. (2019). Australian Taxation Law Cases 2019. Thomson Reuters.

Morgan, A., Mortimer, C., & Pinto, D. (2018). A practical introduction to Australian taxation law 2018. Oxford University Press.

ROBIN & BARKOCZY WOELLNER (STEPHEN & MURPHY, SHIRLEY ET AL.). (2020). AUSTRALIAN TAXATION LAW 2020. OXFORD University Press.

Taylor, J., Walpole, M., Burton, M., Ciro, T., & Murray, I. (2017). Understanding Taxation Law 2018. LexisNexis Butterworths.

Lam, D., & Whitney, A. (2016). Taxation and property: Practical aspects of the new foreign resident CGT witholding tax. LSJ: Law Society of NSW Journal, (21), 84.

Krever, R. (2016). Australian Taxation Law Cases 2016. Thomson Reuters (Prous Science).

Main, J. (2019). Taxation: Buying or selling: beware the sting of GST. LSJ: Law Society of NSW Journal, (55), 73.

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