LAWS3101 Income Tax Law Semester One Final Examinations, 2019
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Semester One Final Examinations, 2019
LAWS3101 Income Tax Law
ANSWER ALL QUESTIONS. ANSWER EACH QUESTION IN A SEPARATE ANSWER BOOKLET
QUESTION 1 35 MARKS
All amounts in this question exclude GST. The useful life of all assets are four years, and the diminishing value method applies when applicable.
David and Sue Masters are married and own an exclusive leather boot business called Williams Boots. They operate the business in a partnership. They each own a 50% interest in the partnership and share remaining profits and losses on a 50:50 basis.
The leather boots are manufactured in the Williams Boots factory in Longreach, a remote town in Central West Queensland. Williams Boots sells the boots online to customers in Australia.
David and Sue started the business 30 years ago, and see Williams Boots as a ‘family business’ as their only child, Jonathan, is employed as a sales representative at Williams Boots. Jonathan is married to Diana, a stay-at-home mum, and the couple have five young children who are all enrolled in primary school.
These are the facts relevant to Williams Boots for the 2018-2019 income year: Sales revenue totalled $21,500,000.
Purchases of raw material and supplies totalled $7,500,000.
Factory wages totalled $3,000,000.
Closing trading stock as at 30 June 2018 consisted of:
Raw material totalling $1,200,000
Work-in-progress totalling $90,000
Finished goods totalling $2,000,000
Closing trading stock as at 30 June 2019 consisted of:
Raw material at a cost price totalling $1,350,000. Due to an over-supply of cow hide leather across Australia, the replacement value of raw material totalled $1,250,000
Work-in-progress valued on the direct cost method totalled $80,000, and valued on the standard costing method totalled $100,000
Finished goods valued at cost price totalling $1,800,000
In October 2018, Prince Harrison, a member of the British royal family visited the Williams Boots factory as part of a well-publicised royal tour of Australia. David had the factory make a special commemorative pair of boots that he gave to Prince Harrison as a gift. The photo of David and Prince Harrison, with the Williams Boots business logo prominently displayed in the background, appeared in the world-wide media coverage of the royal tour. It cost $800 to manufacture the boots. The market selling value of the boots was estimated at $1,400.
The opening balance of the Williams Boots low value asset pool totalled $98,500 as at 1 July 2018.
On 1 August 2018, Williams Boots purchased a new industrial sewing machine for $6,500 and an industrial leather cutter for $950, and used these in the factory from that date.
These are the other Williams Boots expenses:
General business expenses totalled $5,300,000
Jonathan’s work entitlements consisted of a gross salary totalling $120,000 .
This amount was not included in the general business expenses above . All of the other Williams Boots sales representatives were each paid a gross salary totalling $45,000 (the cost of the other sales representatives’ salaries were included in general business expenses above)
Operating cost of the staff canteen that provides staff with hot lunches free
of charge on weekdays totalled $24,000
The cost of bottled water totalled $5,000. These were available to factory staff free of charge during the summer months when the temperature in Longreach often exceeds 40 degrees Celsius
Increase in the leave pay provision for the year totalled $120,000
A cash donation to the Australian Liberal Democratic Party (ALDP) totalled
$80,000. The ALDP is registered as a deductible gift recipient and will contest the federal election in Australia
Fee paid to the company that operates the online sales platform for Williams
Boots totalled $2,500,000
Delivery and postage costs associated with the online sales totalled
$1,000,000
In addition:
David and Sue were each paid a cash salary of $220,000
The cost of fuel to fill up David’s private car so that he could drive to work and back home on weekdays totalled $6,000
Interest on a five year long term loan owing to Sue totalled $70,910 Rent for the factory building totalled $640,000 (see information below)
These are the other facts relevant to David for the 2018-2019 income year:
David is the sole owner of the Williams Boots factory building. He built the factory in 2012 at a construction cost totalling $8,500,000. Williams Boots has a long-term rental agreement in place with David.
David’s running costs for the factory building totalled $150,000 during the 2018- 2019 income year.
During the 2018-2019 income year, David sold his valuable first edition Banjo Peterson poetry book for $20,000. He originally purchased the book in October 1986 at a cost totalling $1,600. He insured the book against theft. Insurance premiums over the years that David owned the book totalled $4,000. David invested the entire proceeds of $20,000 in his superannuation fund as a concessional superannuation contribution in the 2018-2019 income year.
A few years ago, on 1 October 2012, David purchased a hot air balloon for $50,000, but he never used it as he never took hot air balloon flying lessons . As a result, he entered into an option contract with his friend Tony on 1 February 2019, as Tony wanted to buy David’s hot air balloon for $75,000 as stipulated in the option contract. Tony paid David $15,000 to enter into the option contract. Tony exercised the option on 30 June 2019.
As at 1 July 2018, David had unapplied capital losses from previous income years totalling $8,400.
Additional information – Indexation table for CGT purposes:
Quarter ending |
||||
Year |
31 March |
30 June |
30 September |
31 December |
1985 |
37.9 |
38.8 |
39.7 |
40.5 |
1986 |
41.4 |
42.1 |
43.2 |
44.4 |
1987 |
45.3 |
46.0 |
46.8 |
47.6 |
1988 |
48.4 |
49.3 |
50.2 |
51.2 |
1989 |
51.7 |
53.0 |
54.2 |
55.2 |
1990 |
56.2 |
57.1 |
57.5 |
59.0 |
1991 |
58.9 |
59.0 |
59.3 |
59.9 |
1992 |
59.9 |
59.7 |
59.8 |
60.1 |
1993 |
60.6 |
60.8 |
61.1 |
61.2 |
1994 |
61.5 |
61.9 |
62.3 |
62.8 |
1995 |
63.8 |
64.7 |
65.5 |
66.0 |
1996 |
66.2 |
66.7 |
66.9 |
67.0 |
1997 |
67.1 |
66.9 |
66.6 |
66.8 |
1998 |
67.0 |
67.4 |
67.5 |
67.8 |
1999 |
67.8 |
68.1 |
68.7 |
N/A |
Additional information – Tax rates applicable to resident individuals:
Taxable income |
Tax on this income for the 2018-2019 income year |
0 – $18,200 |
Nil |
$18,201 – $37,000 |
19c for each $1 over $18,200 |
$37,001 – $90,000 |
$3,572 plus 32.5c for each $1 over $37,000 |
$90,001 – $180,000 |
$20,797 plus 37c for each $1 over $90,000 |
$180,001 and over |
$54,097 plus 45c for each $1 over $180,000 |
You are required to:
a. Calculate the net income for the partnership for the 2018-2019 income year. Show all your calculations and provide reasons for your answers. Your answer should reference relevant sections of the Income Tax Assessment Acts and relevant case law. (17)
b. Calculate David’s taxable income for the 2018-2019 income year. Show all your calculations and provide reasons for your answers. Your answer should reference relevant sections of the Income Tax Assessment Acts and relevant case law. (15)
c. Briefly set out three practical strategies that David, Sue and their family could use to save income tax if they restructured Williams Boots to operate the business using a discretionary family trust. (3)
QUESTION 2 20 MARKS
ANSWER QUESTION 2 IN A SEPARATE ANSWER BOOKLET All amounts in this question include GST when applicable.
Louisa Hamilton is the managing director of Outback Hats Pty Ltd. The company manufactures a well-known brand of Australian country hats, called Auskubras, in a factory in Winton, a remote town in Central West Queensland. Outback Hats Pty Ltd is registered for Goods and Services Tax (GST).
During the Fringe Benefits Tax year ending 31 March 2019, Louisa’s work entitlements consisted of:
Gross salary and superannuation guarantee payments totalling $180,000
The use of a car owned by Outback Hats Pty Ltd. The car, a four-wheel drive
vehicle, was purchased on 1 August 2018 at a cost totalling $96,000. Louisa uses the car to drive to work on weekdays. Louisa lives on her own beef cattle farm, situated 80 kilometres west of Winton. She also uses the car over weekends to inspect boreholes on her farm and to collect veterinary supplies for her 8,000 head of cattle. Louisa paid all of the fuel costs for the car totalling $10,000. She keeps a logbook that indicates 30% of the 25,000 kilometres she travelled with this particular car until 31 March 2019 was related to her farm business. Outback Hats Pty Ltd had the car serviced at a large car dealership at a cost totalling $4,500
Three free Auskubra hats that she wore with her business attire. The manufacturing cost of the hats totalled $3,000. The usual selling price of the hats to members of the public totalled $6,600
The exclusive use of an Outback Hats Pty Ltd laptop computer for work purposes. The laptop computer was imported from the United States of America on 1 December 2018. The supplier’s invoice totalled an equivalent $1,450 in Australian dollars
Five return airline tickets to Brisbane so that Louisa could visit her children who are enrolled in a private boarding school in Brisbane. The cost of the tickets totalled $4,650 on 1 February 2019
A cash reimbursement of $20,000 on 1 February 2019, for the cost of school fees for Louisa’s children
A copy of a business management book written for executives of hat manufacturing companies. Louisa downloaded the book in electronic format to her laptop computer from an online platform in the United States of America on 1 March 2019. Outback Hats Pty Ltd paid for the download at a cost totalling $190
A cash reimbursement of $1,100 for the cost of airport lounge membership that Louisa uses when she travels for work purposes
A cash reimbursement of $5,500 towards the cost of meals and hotel accommodation. Louisa spent 45 days away from Winton on Outback Hats Pty Ltd business. She always stayed in hotels owned by one hotel group, as she was a member of the hotel group’s Frequent Guest Loyalty Program
You are required to:
a. Calculate the Fringe Benefits Tax (FBT) payable by Outback Hats Pty Ltd for the FBT year ending 31 March 2019. Your answer must address each of Louisa’s work entitlements. Show all your calculations, provide reasons for your answers, and clearly categorise each fringe benefit. (13)
b. Calculate the GST refundable to Outback Hats Pty Ltd in relation to Louisa’s work entitlements. Your answer must address each of Louisa’s work entitlements. Show all your calculations and provide reasons for your answers. (7)
2023-07-04