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income tax equation – Smart online Writing https://www.smartonlinewriting.com We are smart, we are the best Tue, 12 May 2020 07:54:41 +0000 en-US hourly 1 https://wordpress.org/?v=5.4 https://www.smartonlinewriting.com/wp-content/uploads/2017/03/cropped-smart-1-32x32.png income tax equation – Smart online Writing https://www.smartonlinewriting.com 32 32 TAXATION https://www.smartonlinewriting.com/taxation-3/ Tue, 12 May 2020 07:54:41 +0000 https://www.smartonlinewriting.com/?p=49125 TAXATION Referencing and assignment format: Given this assignment is a report style format, there is no requirement to advise the source of any materials Assessment criteria: Assignments will be assessed against the SILOs for the assessment. In particular, assignments will...

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TAXATION

Referencing and assignment format: Given this assignment is a report style format, there is no requirement to advise the source of any materials

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

  • Engagement of critical thinking and interpretation skills to correctly identify the issues to be analysed in the case study.
  • 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.
  • 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).
  • Elaboration of a solution to the issues presented in the case study, referring to the elements analysed and concluding the case.

 

ACC3TAX Assignment

  • This assessment specifically focuses on the overall calculation of tax liability (including derivation of income, income tax equation, application of income, deductions and offsets).
  • It is designed to simulate a client-advisor real life scenario, where students are required to apply interpretation of tax law, taxation rulings, and case law, critical analysis and numeracy skills to defend your advice to a tax partner in calculating the tax liability of a client. It is not a letter to the client, but the preliminary research report which will support the basis of such a letter.

 

 

 

Case Study and Questions

Jingjing is a 25 year old employee who worked at Junnings as a Manager in Jeelong. She has engaged you for your services to assist her in preparation of her tax return for 2018/19.

On 20 April 2020, Jingjing sent you the following email:

 

From Jingjing Jyun <j.jyun@junta.com.au>

Sent : 20 April 2020, 9:00:52 AM

To :  Tax Accountant

Subject : Tax Return 2018/19 – Jingjing JYUN

 

Dear Tax Accounting Team,

 

Sorry I have been putting this off – things have been so hectic and uncertain here in China this year. As discussed at our recent Zoom meeting, here are the following matters that should help you with your preparation of my tax return.

 

  1. Earnings from Junnings – I finished up with Junnings on 30 June 2019, but I was a Marketing Manager Graduate appointed from 1 July 2018 and I received net wages ($46,000) and a travel allowance ($10,000). Junnings had deducted PAYG ($20,000). Prior to this position, I worked as a casual in Sales. Oh and don’t forget I also received my unused Annual Leave ($1,000) – HR had made a mistake and overlooked paying me my entitlement, but once I pointed that out they apologised and were very prompt and paid my money owing to me in my bank account on 1 July 2019.  The reason I stopped working for Junnings was that my position was made redundant.  At the end of the income year, I received a redundancy payment from Junnings for $15,000 because of the sudden and significant market changes and restructuring that had occurred. I had hoped that I might have got some other opportunity to work for Junnings in a different capacity, but it was not meant to be, which in one way was a blessing as I returned unexpectedly and permanently to China at the end of August 2019 to assist my sick parents.  (4 marks)

 

Issue Law that applies, including Reasons (& Common Law/Taxation Ruling) Amount ($)

Effect on taxable income

Gross wages Ordinary income under s 6-5, because they are monies received in exchange for service performed Dean & Anor 1997

(NB PAYG credit of $20,000 is applied in calculating tax payable)

$66,000
Travel allowance s15-2 ITAA97, s6-5 ITAA97

 

$10,000

 

  1. Sale of my residence – Settlement has finally come through on the sale of my home. Hooray. You will recall that my parents helped me purchase my apartment in Melbourne in 2012 at a bargain cost of $400,000 and $25,000 for various expenses such as stamp duty and other fees and I sold it for $500,000 and there was another $15,000 expenses on sale for commission and other expenses.. You might remember I spent a year overseas absent, returning to China for a year (1 July 2014 – 30 June 2015) and during that time I had rented out my property, so I heard I need to pay a share of my CGT Gain as I have used my principal place of residence for business purposes  – is that right? (2 marks)
Issue Law that applies, including Reasons (& Common Law/Taxation Ruling) Amount ($)

Effect on taxable income

Selling property Assessable income under s 102-5 because of net capital gain.

When Jingjing sells the house in 2012 for $500,000, (capital proceeds s116-20)

there is a CGT Event A1 (s104-10). Therefore, capital gain calculation needs to be

done. As it is an individual property partial exemption is also applied (s118-185

ITAA 97).

 

 

Capital Proceed          485,000

Less cost base            (425,000)

60,000

Less 50%*Discount =  30,000  s 115-15

Capital Gain                  30,000

Net Capital Gain:  30,000*(365/2,923) = 3,746.15

 

3,746.15

 

 

  1. Various Rental property matters– I sold my investment property located in Beijing for equivalent AU$200,000 and paid commission of $5,000 and received my funds in July 2019. I had a friend who said to me 3 months earlier that it was a good time to sell, as I had only purchased this property in March 2015 for equivalent AU$150,000, with $10,000 costs of purchase.  So that’s when I engaged the real estate agent, and I signed the contract for sale on 1 May 2019. I also incurred a legal cost of equivalent AU$5,000 in defending my entitlement to this property, which was in August 2018. I rented out the apartment for 10 months for $1,000 per month.   But I don’t have to worry about any of these matters, right? – as I have been a non-resident since my Uni days when I came to Australia in January 2014. (8 marks)

 

Issue Law that applies, including Reasons (& Common Law/Taxation Ruling) Amount ($)

Effect on taxable income

Jing Jing Tax residency test Only Australian residence taxation apply to all their

income even worldwide taxation s6-5(2) and s6-10(4)

ITAA 97

 

Resides Test Applies to Jing Jing

From the statement given Jing Jing lives in Australia since

2012 and under TR98/17, studying or working in Australia

will meet the resides test therefore Jing Jing is considered

to have passed the resides test.

 

Australia Domicile Test Applies to Jing Jing

The establishment of a home in 2012 shows intention to

stay and make Australia Jing Jing’s home

 

183 days Test Applies to Jing Jing

Jing Jing has been working in Australia for 5 years

thus, it is clear Jing Jing spent more than 183 days.

Therefore, passed 183 days test.

 

Commonwealth Superannuation Test

It is assumed that Jing Jing does not work for the

government, since there is no statement of her working,

therefore, fails this test.

 

Conclusion

From the statements above, Jing Jing pass 3 tests hence

a tax resident of Australia.

 

 
Selling property in Beijing

 

 

 

 

 

Capital Proceeds       195,000

Less Cost Base          (160,000)

35,000

Less: CGT 50% Discount (17500)

Capital Gain              17500

Net Capital Gain:

17500 *(305/1523)= 3504.60

Rent
Defending Entitlement to Property

 

Issue with negative limb capital in nature

 

  1. Insurance compensation and medical expenses – In July 2018 I was injured in a car accident while driving to one of the regional stores and was in hospital for three weeks. Fortunately, my private health insurance policy covered my medical expenses of $3,000. I also received $5,000 compensation from the insurance company for having lost some mobility from the car accident injury, which was promptly paid to me in September 2018. (2 marks)
Issue Law that applies, including Reasons (& Common Law/Taxation Ruling) Amount ($)

Effect on taxable income

Private Health insurance Cover on Personal injury FC of T v Dixon (1952) 86 CLR 540

Similar to medical doctor injured and received amount to personal disability insurance policy court held it was income in nature hence Jing Jing health insurance cover act also as income

$3,000
Compensation for personal injury Similar to Whitaker v FC of T 98 ATC 4285, compensation payments

for Jing Jing is treated as being capital in nature.

 

As form S 6-5 ITAA97, payment to replace lost earning for period of

disability is fully assessable as it was not Jing Jing limb its assessable

Golden rule- Principal of replacement

$5,000

 

  1. Work expenses – As a marketing manager, you would appreciate that image is everything when you do the job. I needed to spend a lot of money looking professional as I didn’t wear a uniform like I used to when I was a casual. My Regional Manager encouraged me to improve my image and was very impressed with my deportment. Over the financial year, my grooming expenses totalled $3,000 for hair styling and cutting   (very good really as I was a regular customer every week at my hairdresser), make-up of $1000, and the additional clothing I had to buy as I wore clothes that were not cheap – another $5,000, which my Regional Manager commented was exactly the image Junnings needed.  Of course, I needed to clean my clothes professionally and had them Dry Cleaned and I got a good deal of only $20 per week, so my claim is $960. (3 marks)

 

Issue Law that applies, including Reasons (& Common Law/Taxation Ruling) Amount ($)

Effect on taxable income

Grooming and make-up expenses Even though well-groomed is required for Jing Jing, Federal Court of Australia in Mansfield v. FC of T 96 ATC 4001; (1995) 31 ATR 367 clearly stated that grooming and make up are private expenses in nature therefore not deductible. $4,000 (taxed)
Clothing expenses Unfortunately for Jing Jing, the clothing in question do not have property of protective in nature or logo of company to identify it as a deductible by div 34 ITAA 1997 thus a deduction is not allowed. $5,000 (taxed)
Dry Cleaning expenses As the clothes do not meet div 34 ITAA 1997, cleaning  expenses

cannot be claimed for it is non-compulsory (Div 34-14 ITAA 97).

$960 (taxed)

 

 

  1. Car expenses – In addition to my regional flight travel, I had to do a lot of metropolitan car travel going to all of the various metropolitan stores. The running costs on my car as advised by my local petrol station amounted to $15,000 for the year, but these were paid for by Junnings, even though I only used the car 50% for business use.  I bought my new car at the start of the year costing $20,000 and I would like to claim the entire amount as a deduction, as I heard I can claim an ‘instant write off’.  I had a slight accident during the year, and I was at fault, which caused me out of pocket expenses of $2,000 to repair the vehicle, as the insurance company would not pay up any contribution.  (5 marks)

That’s all I can think of for the moment – let me know if you need more information.

But can you please tell me how much tax I owe?

Issue Law that applies, including Reasons (& Common Law/Taxation Ruling) Amount ($)

Effect on taxable income

 

Thanking you in advance.  Stay at home and stay safe

Kind Regards

Jingjing J

 

 

Required

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

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) Amount ($)

Effect on taxable income

Eg.

Issue 1

Statutory Income under s  xx-x  because ……..

 

Law

Because

Reason

Common law / tax ruling

 

+ $xxxxxx

 

 

In your discussion make sure you state,

  • the relevant legislative authority and/or case law authority,
  • the reasons the law applies to the facts, and
  • the final effect on taxable income/tax liability under the Amount heading.

For each of the major points address the sub-issues – for example there are four issues to discuss in Item 1 – Earnings from Junnings.  Accordingly, follow the template below by

  • using the following correct HEADER
  • addressing the various sub-issues raised in separate boxes
  • giving them a label so they are immediately understood by yourself and thepartner.
  • Then address the law AND the reasons –  insert BECAUSE, and
  • then using an amount, state the impact on taxable income (Part 1), or impact on taxable liability (Part 2)

(20 marks)

 

  • Based on your report, prepare Jingjing’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).                                                                                                                                                                                                (6 marks)

 

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