According to Section 6-5 of the Income Tax Assessment Act 1996 (Cth), ordinary income refers to any income generated from the following sources (ATO 2013):
Any form of receipt of capital nature comes under the purview of capital gains, and not ordinary income. For example, if the monthly payment of a certain individual X is $2,000 against his services as a bartender, the same will be taken into consideration as income generated from ordinary concepts, i.e., ordinary income. Therefore, they shall be considered as income by regular means and the basic tax calculation shall remain as was explained in the above part. The income and tax bracket for the same remains to be:
However, any form of revenue generated from the sale of capital assets come under the purview of section 102-5 of the Income Tax Assessment Act 1936 (Cth). Any income generated from the sales of a capital asset like land is subjected to the rules of capital gain taxation, and hence the calculations differ from the regular tax computation of ordinary incomes (Commonwealth Consolidated Acts 2015).
In the given case, the doctor does not have to include any revenue generated from the sale of the land he purchased in 1979 at $100,000 as assessable income; however the proceeds from the same deducted by the indexed cost of the same as on the present date would be subjected to capital gains taxation.
According to Section 8.1 of the Income Tax Assessment Act 1997 (Cth), any form of payment which is incurred in the ordinary course of transactions for the purpose of generating the assessable income in order to arrive at the taxable income is known as deductions. These deductions are subject to deduction from the gross income of the individual or business house (ATO 2014).
In the case study of FC of T v. Anstis (2009), a taxpayer had reduced the expenses of conveyance apart from travelling to university, supplies for children during teacher rounds, administration fees and depreciation on computer as “deductions” against the Youth Allowances she was entitled to, for the generation of her tax return in 2006. However, this was challenged by the ATO Commissioner, but later on passed as allowable deductions (Morgan 2014).
In the case study of Lunney and Hayley v. FC of T (1958), the two tax payers were ship’s joiner and dentist who were under the practice of deducting their personal conveyance fares from home to work, and vice-versa. However, the FC of T challenged that these were personal expenses and cannot be taken in as allowable deductions (Commonwealth of Australia n.d).
In the case study of FC of T v. Maddalena, the verdict was given that any form of fees given to investment planners are not to be considered as allowable deductions from assessable incomes, as these are much earlier incurred, and are directly not related with the earning of assessable income (ATO n.d.)
The similarity between the first two cases is that the conveyance fees was involved as a source of deduction, and the difference between case 1 and case 2&3 is that the prior one was approved as allowable deduction, whereas the latter ones were not passed as deductibles.
Part 4: Provisions that deny or limit deductions
Discuss some of the circumstances in which entertainment expenditure is deductible?
Except for certain cases, entertainment expenses by means of providing employees with food/drinks/recreation or travel/accommodation expenses, are not deductible under Section 35-5 of the Income Tax Assessment Act 1997 (Cth). However, if food/meal/recreation or travel/accommodation is being provided for the purpose of generating more assessable income, they become deductible in nature and can be done so.
For instance, in the case study of Amway of Australia vs. Commissioner of Taxation (No. 2) 2003, a significant cost was incurred for organizing the Australian Leadership Seminar, which was backboned with the purpose of generating better tie-ups with distributors and more business volume subsequently. These costs were passed as entertainment expenses and were still subject to deduction (Purdon 2004).
ATO (n.d.). Taxation determination. [Online], available from ATO Website: https://law.ato.gov.au/atolaw/view.htm?DocID=TXD/TD9560/NAT/ATO/00001&PiT=99991231235958 (Accessed January 9, 2015).
ATO (2014, August 13). Individual income tax rates. [Online], available from ATO Website: https://www.ato.gov.au/Rates/Individual-income-tax-rates/ (Accessed January 9, 2015).
ATO (2014, June 1). Definitions. [Online], available from ATO Website: https://www.ato.gov.au/definitions/ (Accessed January 9, 2015)
ATO (2014, May 27). Definitions. [Online], available from ATO Website: https://www.ato.gov.au/Individuals/Income-and-deductions/In-detail/Other-income,-deductions-or-offsets/Entrepreneurs-tax-offset/?page=21 (Accessed January 9, 2015)
Commonwealth Consolidated Acts (2014). Income Tax Assessment Act 1997 – Section 995.1. [Online], available from Austlii Edu Website: https://www.austlii.edu.au/au/legis/cth/consol_act/itaa1997240/s995.1.html#cgt_event (Accessed January 9, 2015)
Commonwealth of Australia (n.d.). Deductibility of travelling expenses between residence and place of employment or business. [Online], available from Law ATO Gov Website: https://law.ato.gov.au/atolaw/view.htm?locid=%27ITR/IT112/NAT/ATO%27&PiT=99991231235958 (Accessed January 9, 2015)
Morgan, FJ (2014). Anstis v FCT - Self-education expenses allowed as a deduction as being incurred in deriving assessable Youth Allowance income (what out – there’s an appeal) [C3]. [Online], available from FJM Tax Website: https://www.fjmtax.com/tax-newsletter/2094-anstis-v-fct-self-education-expenses-allowed-as-a-deduction-as-being-incurred-in-deriving-assessable-youth-allowance-income-what-out-theres-an-appeal-c3.html (Accessed January 9, 2015)
Purdon, A (2004, May). Non-deductible entertainment expenses – no such thing as a free meal! [Online], available from Television Education Network Website: https://www.tved.net.au/index.cfm?SimpleDisplay=PaperDisplay.cfm&PaperDisplay=https://www.tved.net.au/PublicPapers/May_2004,_Accountants_Education_Channel___Tax,_Non_Deductible_Entertainment_Expenses___No_Such_Thing_as_a_Free_Meal_.html (Accessed January 9, 2014).