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HI6028-Taxation Theory Practice & Law

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Questions

1.You are working as a tax consultant in Mayfield, NSW. Your client is an investor and antique collector. You have ascertained that she is not carrying on a business. Your client provides the following information of sales of various assets during the current tax year:
 
(a) Block of vacant land. On 3 June of the current tax year your client signed a contract to sell a block of vacant land for $320,000. She acquired this land in January 2001 for $100,000 and incurred $20,000 in local council, water and sewerage rates and land taxes during her period of ownership of the land. The contract of sale stipulates that a deposit of $20,000 is payable to her when the contract of sale is signed and the balance is payable on 3 January of the next tax year, when the change of ownership will be registered.
 
(b) Antique bed. On 12 November of the current tax year your client had an antique four-poster Louis XIV bed stolen from her house. She recently had the bed valued for insurance purposes and the market value at 31 October of the current tax year was $25,000. She purchased the bed for $3,500 on 21 July 1986. Although the furniture was in very good condition, the bed needed alterations to allow for the installation of an innerspring mattress. These alterations significantly increased the value of the bed, and cost $1,500. She paid for the alterations on 29 October 1986. On 13 November of the current tax year she lodged a claim with her insurance company seeking to recover her loss. On 16 January of the current tax year her insurance company advised her that the antique bed had not been a specified item on her insurance policy. Therefore, the maximum amount she would be paid under
her household contents policy was $11,000. This amount was paid to her on 21 January of the current tax year.
 
(c) Painting. Your client acquired a painting by a well-known Australian artist on 2 May 1985 for $2,000. The painting had significantly risen in value due to the death of the artist. She sold the painting for $125,000 at an art auction on 3 April of the current tax year.
 
(d) Shares. Your client has a substantial share portfolio which she has acquired over many years. She sold the following shares in the relevant year of income:
 
(i) 1,000 Common Bank Ltd shares acquired in 2001 for $15 per share and sold on 4 July of the current tax year for $47 per share. She incurred $550 in brokerage
fees on the sale and $750 in stamp duty costs on purchase.
 
(ii) 2,500 shares in PHB Iron Ore Ltd. These shares were also acquired in 2001 for $12 per share and sold on 14 February of the current tax year for $25 per share. She incurred $1,000 in brokerage fees on the sale and $1,500 in stamp duty costs on purchase
 
(iii) 1,200 shares in Young Kids Learning Ltd. These shares were acquired in 2005 for $5 per share and sold on 14 February of the current tax year for $0.50 per share. She incurred $100 in brokerage fees on the sale and $500 in stamp duty costs on purchase.
 
(iv) 10,000 shares in Share Build Ltd. These shares were acquired on 5 July of the current tax year for $1 per share and sold on 22 January of the current tax year
for $2.50 per share. She incurred $900 in brokerage fees on the sale and $1,100 in stamp duty costs on purchase.
 
(e) Violin. Your client also has an interest in collecting musical instruments. She plays the violin very well and has several violins in her collection, all of which she plays on
HI6028 Taxation Theory, Practice and Law T2 2018 a regular basis. On 1 May of the current tax year she sold one of these violins for $12,000 to neighbor who is in the Queensland Symphony Orchestra. The violin cost her $5,500 when she acquired it on 1 June 1999.
 
Your client also has a total of $8,500 in capital losses carried forward from the previous tax year, $1,500 of which are attributable to a loss on the sale of a piece of sculpture which she sold in April of the previous year.
 
Required:

Based on this information, determine your client’s net capital gain or net capital loss for the year ended 30 June of the current tax year.
 
2.Rapid-Heat Pty Ltd (Rapid-Heat) is an Electric Heaters manufacturer which sells Electric Heaters directly to the public. On 1 May 2017, Rapid-Heat provided one of its employees; Jasmine, with a car as Jasmine does a lot of travelling for work purposes. However, Jasmine's usage of the car is not restricted to work only. Rapid-Heat purchased the car on that date for $33,000 (including GST)
 
For the period 1 May 2017 to 31 March 2018, Jasmine travelled 10,000 km in the car and incurred expenses of $550 (including GST) on minor repairs that have been reimbursed by Rapid-Heat. The car was not used for 10 days when Jasmine was interstate and the car was parked at the airport and for another five days when the car was scheduled for annual repairs.
 
On 1 September 2017, Rapid-Heat provided Jasmine with a loan of $500,000 at an interest rate of 4.25%. Jasmine used $450,000 of the loan to purchase a holiday home and lent the remaining $50,000 to her husband (interest free) to purchase shares in Telstra. Interest on a loan to purchase private assets is not deductible while interest on a loan to purchase income-producing assets is deductible.
 
During the year, Jasmine purchased an Electric Heaters manufactured by Rapid-Heat for $1,300. The Electric Heaters only cost Rapid-Heat $700 to manufacture and is sold to the general public for $2,600.
 
Required:
 
(a) Advise Rapid-Heat of its FBT consequences arising out of the above information, including calculation of any FBT liability, for the year ending 31 March 2018. You may assume that Rapid-Heat would be entitled to input tax credits in relation to any GSTinclusive acquisitions
 
(b) How would your answer to (a) differ if Jasmine used the $50,000 to purchase the shares herself, instead of lending it to her husband?
 
 

Answer:

1.Based on the given information, the task is to determine the net capital gain or net capital loss of the client for year ended 30 June of the existing tax year.

Calculation of capital gains or loss derived from selling of block of land  

Pre-CGT assets are those assets which are acquired by the concerned taxpayer earlier than 20 September 1985 and are not taken for the Capital Gain Tax (CGT) under the provision of 149(10) of Income Tax Assessment Act 1997 (Hodgson, Mortimer and Butler, 2016). Hence, it is essential to find whether the assets are pre-CGT assets or not. In present scenario, client is an investor as well as an antique collector (who is not running a business) has signed a contract to sell a land block which she acquired in 2001. With this information, it can be defined that land block is not a pre-CGT asset as the acquired date of asset is after 1985. Further, provision of s. 104-5 defines that transaction for selling of land is A1 event and hence, CGT liability will be levied on client for the land disposal. Cost base of the asset is imperative parameter to calculate the exact amount of capital gains or loss. Five factors are considered for the calculation of cost base of asset which is discussed below (Wilmot, 2014).

  • Sum amount given by taxpayer to purchase the asset as per s. 110-25(2).
  • Incidental costs given by taxpayer in the process of buying or/and selling the asset as per s. 110-25(3).
  • Numerous costs paid by taxpayer for the ownership of asset such as sewerage tax, loan interest payment, land tax and so forth as per s. 110-25(4).
  • Capital expenditure given by taxpayer in regards to increase the net worth of the asset or to preserve the asset for long term as per s. 110-25(4).
  • Capital expenditure given by taxpayer in regards to protect the title of asset as per s. 110-25(5) (Barkoczy, 2017).

Sum amount given by taxpayer to purchase the land = $100,000

Cost paid by taxpayer for the ownership of land in the form of local council, land taxed, water and sewerage rates = $20,000

Cost base = 100000 + 20000 = $120,000

As per TR 94/29, the payment of the signed contract for selling the land will lead to contribution to the CGT for the same year in which the contract is signed while the payment would be received by taxpayer in upcoming tax year. Here, also client has signed contract for a consideration of $320,000 in current tax year but will receive the payment in upcoming year. Hence, this amount would be held taken for CGT liability in current year only (Hodgson, Mortimer and Butler, 2016). 

 


Consideration amount (Sale proceeds) =$320,000

Capital gains = 320000 -120000 =$200,000

 It is essential to first counterbalance the derived capital gain with the carried forward capital losses incurred in previous tax year. Here, client has $7,000 carried forward capital losses. Hence,

Capital gains = 200000 -7000 = $193,000

Method to find the capital gain for CGT will be decided based on the holding period of asset. It means if the asset is long term (holding year is higher than 12 months) then, 50% of capital gains will be contributed for CGT as per 115-25(1). Client has land block for more than 12 months and therefore, it is long term asset (Barkoczy, 2017).

Thereby,

Capital gains for CGT = 50% of $193,000 = $96,500

Calculation of capital gains or loss derived from selling of antique bed

Collectables are capital assets and disposal of such assets will lead to CGT levied on the concerned taxpayer only if they do not belong to pre-CGT asset as per TD 1999/40. Also, the essential term in this scenario is that the taxpayer must acquire the collectable for not less than $500. Here, taxpayer has an antique bed which she acquired for $3500 in 1986 and therefore, CGT will be levied for transaction of A1 event as per s.104-5 (Barkoczy, 2017).

Capital expenditure spent by taxpayer in regards to increase the net worth of the bed by installing innerspring mattress as per s. 118-25(2) =$1500

Cost base of antique bed =3500 +1500 = $5,000

Taxpayer’s antique bed was stolen and thus, she received a sum of $11,000 from insurance (household contents policy) =$11,000

Capital gains = 11000 -5000 =$6,000

 It is essential to first counterbalance the derived capital gain with the carried forward capital losses incurred in previous tax year (Nethercott, Richardson and Devos, 2016). Here, client has $1,500 carried forward capital losses from selling of sculpture. Hence,

Capital gains = 6000 -1500 = $4,500

Method to find the capital gain for CGT will be decided based on the holding period of asset. It means if the asset is long term (holding year is higher than 12 months) then, 50% of capital gains will be contributed for CGT as per 115-25(1) (Wilmot, 2014). Client has antique bed for more than 12 months and therefore, it is long term asset.

Thereby,

Capital gains for CGT = 50% of $4,500= $2,250

Calculation of capital gains or loss derived from selling of painting

It is apparent that pre-CGT assets those which are acquired by the concerned taxpayer earlier than 20 September 1985 and are not taken for the Capital Gain Tax (CGT) under the provision of 149(10) of Income Tax Assessment Act 1997.With this information, it can be defined that taxpayer acquired a painting by a well-known Australian artist on 2 May 1985. It is clear indication of the aspect that painting is pre-CGT asset as it has been acquired earlier than 20 September 1985 (Hodgson, Mortimer and Butler, 2016). Hence, no CGT would be levied on the capital gains ($125,000) generated from the sale of painting. 

 

Calculation of capital gains or loss derived from selling of shares

Transaction made by taxpayer for selling the shares is counted under A1 event as per s.104 -5 and thereby, CGT will be levied on the proceeds (Woellner, 2014).

Share 1: Common Bank Ltd

Buying 1000 shares for $15 and hence, total amount paid = $15,000

Incidental cost (sum of brokerage fee and stamp duty) = 750+550=$1,300

Cost base = 15000 +1300 =$16,300

Selling 1000 shares for $47 per share and hence, total amount received = $47,000

Capital gains = $47,000 – $16,300 = $ 30,700 (Long term gains)

Share 2: PHB Iron Ore Ltd

Buying 2500 shares for $12 and hence, total amount paid = $30,000

Incidental cost (sum of brokerage fee and stamp duty) = 1000 +1500 =$2,500

Cost base = 30000 +1500 =$32,500

Selling 2500 shares for $25 per share and hence, total amount received = $62,500

Capital gains = $62,500 – $32,500 = $ 30,000 (Long term gains)

Share 3: Yung Kids Learning Ltd

Buying 1200 shares for $5 per share and hence, total amount paid = $6,000

Incidental cost (sum of brokerage fee and stamp duty) = $100 + $500 =$600

Cost base = 6000+600 =$6,600

Selling 1200 shares for $0.5 per share and hence, total amount received = $600

Capital loss = 6600 – 600 = $6000 (Long term loss)

Share 4: Share Built Ltd

Buying 10,000 shares for $1 per share and hence, total amount paid = $10,000

Incidental cost (sum of brokerage fee and stamp duty) = $900 + $1100 =$2,000

Cost base = 10000+2000 =$12,000

Selling 10000 shares for $2.5 per share and hence, total amount received = $25,000

Capital loss = 25000 -12000 =$13,000 (Short term gains)

Total capital gain on the account share = {(30700+30000-6000)* 50%} +13000 = $40,350   

 

Calculation of capital gains or loss derived from selling of violin

Client has keen interest in collecting musical instruments and she has several violins also, she plays violin on regular basis. It can be said that violin is a personal use asset in this case and the tax treatment for personal use asset would depend on the fact whether the asset has acquired for more than $10,000 or not. Client acquired violin for personal use at a cost of $1500. The sale proceeds of $12,000 will be taken for capital gains only when she would have acquired for violin for more than $10,000.

Net capital gains =Capital gains from the sale of (land + antique bed +share) = (96500) + (2250) + (40350) = $139,100

Therefore, $139,100 is the capital gains of the client for year ended 30 June of the existing tax year.

2.Fringe Benefits Tax (FBT) is different from income tax and is imposed on employer as they have provided certain personal benefits to their employees in relation to the employment with the company. Fringe benefits can be provided directly to the employee or can be extended to their family members or associates. Employer has to pay FBT on the account of fringe benefits under Fringe Benefits Assessment Act 1986 (Woellner, 2014).

“Fringe Benefits Tax liability for Rapid Heat for year end 31 March 2018”

Car fringe benefit

When employer provides a car to employee for private purposes and the car remains available for private work, then car fringe benefit would be given to the employee by employer as per s.8, FBTAA86 (Coleman, 2016).  Rapid Heat has made a car available to Jasmine an employee of Rapid Heat for personal purpose. Therefore, the car fringe benefit has been provided to her.

Statutory formula for finding taxable value for car fringe benefits

Where,

A = Base/capital value of car

B = Statutory percentage of car

C =Number of days for which car was present for employee for private purposes

D =Total number of days in tax year

E = Contribution from the employee

F = Gross up factor

Now,

Base/capital value of car (A): Car has been acquired for $33,000 by Rapid Heat and also has paid the expenses ($550) subjected due to the minor repairs incurred during the usage by Jasmine. Further, the expense of minor repairs will be deducted from the cost car under FBTAA86. Therefore, Base/capital value of car = (33000) - (550) = $32,450

Statutory percentage of car (B): Car which is acquired by concerned employer after 2011, then the applicable statutory percentage is 20%. Here, Rapid Heat acquired car in 2017 which is far after 2011 and hence, statutory percentage that would be used to find the FBT liability is 20%. 

Number of days for which car was present for employee for private purposes (C): Car was made available for private purpose to Jasmine on May 1, 2017 and thereby, the car was available to Jasmine for 335 days in total in the end year 31 March 2018 (Nethercott, Richardson and Devos, 2016). Further, it is noticeable that car was out for minor repairs for 5 days and therefore, these five days will not be deducted from 335. Furthermore, Jasmine was overseas and thus, she has parked the car at the airport. These 10 days will also not be deducted from 335 since the car was available for private purpose to her.  Therefore, number of days for which car was present for employee for private purpose is 335 days.

Total number of days in tax year (D): The total number of days in respective FBT year is 365 days.

Contribution from the employee (E): Jasmine does not make any contribution while acquiring the car and hence, the contribution from her will be zero. 

Gross up factor (F): Car is defined as TYPE 1 good in Goods and Service Act 1999 and the respective gross up factor for 31 March 2018 is 2.0802.  

Therefore,

Fringe benefits tax rate = 47% (31 March 2018)

Fringe benefit tax payable for Rapid Heat = (12,390.86)*(0.47) = $5823.70

Loan fringe benefit

Loan fringe benefit arises when an employer gives loan to their employee and set either zero rate or low interest rate as compared with the statutory rate declared by Reserve Bank of Australia (RBA) (Reuters, 2017).

Statutory rate declared by RBA for 31 March 2018 as per TD 2017/3 = 5.25%

Rate set by Rapid Heat = 4.25%

It can be seen from the above figures that Rapid Heat gives loan to Jasmine at cheaper rate on 1 September 2017 and hereafter, loan fringe benefit provided to Jasmine.

Loan amount = $500,000

Loan availability days for Jasmine would be period between 1 September 2017 to 31 March 2018) =213 days

Accumulated interest saving = 500000 *(213/365) *(5.25%- 4.25%) =$2909.8

Loan is defined as TYPE II good in Goods and Service Act 1999 and the respective gross up factor for 31 March 2018 is 1.8868.

Taxable value of loan fringe benefit = 1.8868 * 2909.8 =$5490.26

Fringe benefits tax rate = 47% (31 March 2018)

Fringe benefit tax payable for Rapid Heat = (5490.26)*(0.47) = $2580.43

Tax deduction can be availed by Rapid Heat for $450,000 when the holiday home acquired by Jasmine will derive rent amount for her. Further, if the home does not produce assessable income for Jasmine then no deduction will be availed by Rapid Heat (Coleman, 2016). Further, no deduction will be availed by Rapid Heat when $50,000 has utilized against share purchase by Jasmine’s husband.

Internal expense fringe benefit

Rapid Heat who is selling their electric heater product for $2600 to public has made special concession to Jasmine while selling the same product for $1300. It is noticeable that Rapid Heat is providing non-cash benefits to Jasmine which is termed as internal expense fringe benefit (Wilmot, 2014) .

Non-cash benefit = 2600- 1300 = $1,300

75% of sale price = 0.75* 2600 =$1,950

Saving due to concessional price =75% of sale price- Non-cash benefit =1,950-1,300 =$650

Electric heater is defined as TYPE I good in Goods and Service Act 1999 and the respective gross up factor for 31 March 2018 is 2.0802. 

 


Taxable value of electric heater = 650 *2.0802 =$1352.1

Fringe benefits tax rate = 47% (31 March 2018)

Fringe benefit tax payable for Rapid Heat = (1352.1)*(0.47) = $635.5

The deduction would be increased for Rapid Heat when Telstra shares will be acquired by Jasmine. Therefore, $50,000 will also be taken for finding the deduction for Rapid Heat  Hence,

Deduction on $50,000 = 50000 * (5.25% -4.25%) = $500

Thus, the fringe benefit tax payable for Rapid Heat will be reduced by a net amount of $500. 

 

References

Barkoczy, S. (2017) Foundation of Taxation Law 2017. 9th ed. Sydney: Oxford University Press.

Coleman, C. (2016) Australian Tax Analysis. 4th ed. Sydney: Thomson Reuters (Professional) Australia.

Hodgson, H., Mortimer, C. and Butler, J. (2016) Tax Questions and Answers 2016. 6th ed. Sydney: Thomson Reuters.

Krever, R. (2016) Australian Taxation Law Cases 2017. 2nd ed. Brisbane: THOMSON LAWBOOK Company.

Nethercott, L., Richardson, G., & Devos, K. (2016)  Australian Taxation Study Manual 2016. 8th ed. Sydney: Oxford University Press.

Reuters, T. (2017) Australian Tax Legislation (2017). 4th ed. Sydney. THOMSON REUTERS.

Wilmot, C. (2014) FBT Compliance guide. 6th  ed. North Ryde: CCH Australia Limited.

Woellner, R. (2014) Australian taxation law 2014. 8th ed. North Ryde: CCH Australia.

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