Page 1 of 65 Investment Banking Institute www.ibi.edu.au Advanced Diploma of Financial Services (Financial Planning) Taxation Planning (AD1TAX) Assessment Booklet Students if possible should complete and submit all responses to the assessments digitally on the electronic Advanced Diploma of Financial Services Taxation Planning Assessment Booklet (‘soft copy’) provided. Students can copy this Microsoft Word file from the AD1TAXCD-ROM and: 1. Save a copy of the Taxation Planning Assessment Booklet to your computer. 2. Change the file name to your Student Number provided by Investment Banking Institute, for example, ‘AD1TAXSMITH001DEC2009 Version1”. 3. Deliver any re-submissions (if required) with changes with different file name and version number, for example the second submission should be ‘AD1TAXSMITH001DEC2009Version2’. Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 2 of 65 Instructions Students should work through the Course materials and the corresponding Assessment Material carefully and at a comfortable pace. Once you have completed all the responses (ie. Short Answer and Case Study) to the Assessment Activities for Advanced Diploma of Financial Services Taxation Planning, please submit your completed Assessment Booklet by: Investment Banking Institute www.ibi.edu.au Email: training@ibi.edu.au “I affirm that all work submitted within the Assessment Booklet is my true and original work unless otherwise credited” “I also declare that by inserting my name and date at the top of each page of the Assessment Booklet Students that all assessment submissions to the Investment Banking Institute are a result of their own work”. Student Signature (if submitting electronically, please print name) Date: Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 3 of 65 Advanced Diploma of Financial Services (Financial Planning) Taxation Planning (AD1TAX) Assessment Booklet Investment Banking Institute www.ibi.edu.au Student Location Date Assessor Module 1 Activity 1 - What is a tax? What do you think tax is? Activity 2 - What are the primary areas of Australian government spending? a) For what purpose does a country raise taxes? b) What are 4 other forms of funding are available to Government? 1 2 3 4 Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 4 of 65 Activity 3 - Estimated Australian Government revenue? Investment Banking Institute www.ibi.edu.au What was estimated Australian government revenue in the last fiscal year? How much of this revenue was raised from taxes? Activity 4 - What alternative sources of financing are available for the government? How heavily does the Australian government rely on these alternative sources? Provide recent examples? Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 5 of 65 Investment Banking Institute www.ibi.edu.au Activity 5 - Tax Mix – Types of Taxes a. What taxes are included in Australia’s tax mix at the federal level? b. What taxes are included in Australia’s tax mix at the State level? c. What wealth taxes still remain in Australia? d. What are the main consumption taxes in Australia? Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 6 of 65 Investment Banking Institute www.ibi.edu.au Activity 6 - Constitutional Power and Tax Reform a. What is the role of the Treasury; Board of Taxation, Parliament and ATO in tax reform in Australia? b. What are the key sections of the Commonwealth Constitution empower the federal Government to impose tax in Australia? Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 7 of 65 Activity 7 - Retrospective Tax Reform Investment Banking Institute www.ibi.edu.au Is retrospective tax legislation appropriate? Why/Why not? Activity 8 - Tax Rulings Tax rulings are not law, but are binding in some circumstances. How does this rulings system work? Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 8 of 65 Activity 9 - Tax Rulings Peter’s friend, Jamie received a favourable private binding ruling from the Commissioner allowing her to deduct her education expenses. Peter’s personal situation is exactly the same as Jamie’s. Can Peter rely on the private binding ruling Jamie received? Investment Banking Institute www.ibi.edu.au You are a financial advisor please explain Peter in simple terms? Activity 10 - Taxation Law Improvement Project Please explain when and why the Taxation Law Improvement Project was commenced? Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 9 of 65 Activity 11 - Is a flat tax like GST equitable? The introduction of the Goods and Services Tax (GST) on 1 July 2000 had a dramticv impact on the tax mix of Australian Commonwealth. Investment Banking Institute www.ibi.edu.au Does the GST on all food items, including essentials, might be efficient and simple to impose but is it fair and equitable? Yes/No Why? Activity 12 - Equity may be horizontal or vertical? What is the difference between horizontal equity and vertical equity? Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 10 of 65 Activity 13 - Personal Tax Calculation Investment Banking Institute www.ibi.edu.au Jamie has received payments of salary of $76,000 in the financial year to 30 June. She has spent $5,000 on travel associated with her job. She has also received rent of $5,000 from an investment property, which has associated expenses of $6,000 (including interest on the loan she took out to acquire the property). a. What is Jamie’s taxable income? b. What tax is payable by Jamie? c. What is the before tax return of the investment property? d. What is the after tax return of the investment property? Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 11 of 65 Activity 14 - Progressive Tax Investment Banking Institute www.ibi.edu.au What is a progressive tax? Is an income tax with a flat rate of 30% and a tax-free threshold of $6,000 a progressive tax? Activity 15 - Personal Tax What is “bracket creep? Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 12 of 65 Activity 16 - Tax Offsets Investment Banking Institute www.ibi.edu.au What is a tax offset? Activity 17 - Tax Offsets What are 4 examples of tax offsets available in Australia? Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 13 of 65 Module 2 Activity 1 - Taxable Income Investment Banking Institute www.ibi.edu.au How do you calculate taxable income? Please create formula Activity 2 - Assessable Income 2a What types of income are included in ordinary income? How do you calculate ordinary income? 2b) How do you calculate assessable income? Are net capital gains added to assessable income? Y/N Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 14 of 65 Activity 3 - Assessable Income 3(a) How do you calculate Net Capital Gains? Investment Banking Institute www.ibi.edu.au 3(b) What types of income are included in Assessable income? Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 15 of 65 Activity 4 - Case Study Mark, a former bankrupt, enters into an agreement to work as a waiter in a restaurant after losing his business in a major court case. Mark agrees to work for $20 per day (below the minimum wage) because he believes he can generate $250 a day in tips from customers. Investment Banking Institute www.ibi.edu.au Are the tips received by Mark from customers working in the restaurant assessable income? Yes / No and Why? Activity 5 - Receipts in the ordinary course of a business Would the following receipts be treated as income of a business? Yes/No and Why? a.) The Premier’s Prize for Technology Innovation for $20,000 in cash, awarded to the business by the Innovation Council of Victoria? b.) A payment from the government to a farmer to buy back water rights? Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 16 of 65 Activity 6 - Receipts in the ordinary course of a business Kevin Murphy prepared all the hair and makeup for a celebrity wedding, for which he charged and was paid $5,000. The bride, a TV star, is an old friend of Kevin. The wedding is a huge success and her photograph was on the cover of Vogue magazine. She sends Kevin a cheque for an extra $2,000 to say thanks for his great hairdressing for the wedding. Investment Banking Institute www.ibi.edu.au Is Kevin assessable on the $2,000 cheque? Activity 7 - Receipts outside the ordinary course of the taxpayer’s business Why was the taxpayer taxed in Myer Emporium case but not in the Westfield case? Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 17 of 65 Activity 8 - Carrying on a Business Please read Tax Ruling (TR 97/11) Investment Banking Institute www.ibi.edu.au In Tax Ruling (TR 97/11) what criteria need to exist as to whether someone in primary production is carrying on a business versus a mere hobby? What are the criteria? Activity 9 - Carrying on a Business Please read TR 2005/1 In ATO Tax Ruling, TR 2005/1, discusses whether a professional artist is carrying on a business? What are the criteria? Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 18 of 65 Activity 10 - Types of Business Assets What are the 4 types of business asset for tax purposes that have been identified by the legislation and the courts? 1 2 Investment Banking Institute www.ibi.edu.au 3 4 Activity 11 - What are depreciating assets What is the definition of a depreciating asset What are the 4 examples of depreciating assets? 1 2 3 4 Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 19 of 65 Activity 12 - What are examples of not depreciating assets What are the 4 types of business asset for tax purposes that have been identified by the legislation and the courts? What distinguish each type of asset from each other? Investment Banking Institute www.ibi.edu.au 1 2 3 4 Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 20 of 65 Activity 13 - Net Capital Gains – Assessable Income Investment Banking Institute www.ibi.edu.au How much is the total net capital gain derived and added to assessable income in each of these financial years? Please show your workings Year Asset Cost Base Capital Proceeds 1 A $120,000 $100,000 B $150,000 $200,000 2 C $120,000 $100,000 3 D $120,000 $100,000 E $150,000 $180,000 Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 21 of 65 Activity 14 - Calculate tax Payable Please complete the table below. Please complete the table below by calculating the Tax Payable to the ATO by Kevin Smith as an employee. Kevin had gross total annual salary income for financial year ending 30 June 2009 of $165,000, includes $20,000 in allowable Deductions. Investment Banking Institute www.ibi.edu.au Key Steps to Calculating Tax Payable Step 1 2 Function CALCULATE Assessable Income LESS Allowable Deductions 3 EQUALS Taxable Income 4 APPLY Tax Rate (2009/10) 5 6 EQUALS Tax Due (on Taxable Income) LESS Tax Offsets 7 ADD Medicare Levy (1.5%) 8 EQUALS Total Tax Payable 9 EQUALS Net Tax Payable Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Item Salary Subtotal Total $165,000 $2,000 Page 22 of 65 Activity 15 - Gifts The ATO provides taxpayers with an entitlement to claim a deduction for gifts or donations, made to "deductible gift recipients" (DGRs). Please visit the applicable website and list 4 approved "deductible gift recipients"? Investment Banking Institute www.ibi.edu.au 1 2 3 4 Activity 16 - Constitutional Law and Income Why did the States and territories of Australia give up the right to the federal government to impose income tax on individuals? Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 23 of 65 Activity 17 - Bamford Case What was the argument of the ATO regarding the taxation of capital gains in a trust? Investment Banking Institute www.ibi.edu.au What was Bamford argument about the taxation treatment of capital gains arising within a trust? Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 24 of 65 Module 3 Activity 1 - Travel Expenses Kevin Murphy travels to Europe to look at hairdressing exhibitions and claims a deduction as “travelling expenses”: Is a person who travels “for” or “on” work, or who is an itinerant worker, able to deduct the travelling costs.? (please read FCT v Finn.) Investment Banking Institute www.ibi.edu.au What about your expenses in travelling from your home “to” work? Activity 2 - Education Expenses Are your education expenses deductible as work-related expenses under s8-1? Activity 3 - Education Deductions Are your education expenses deductible in finding work? Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 25 of 65 Activity 4 - Business Deductions Can Kevin the DJ, a part time drug dealer, claim a loss in purchasing illegal drugs against his other assessable income ? Explain (FCT v La Rosa [2003] FCAFC 125) Investment Banking Institute www.ibi.edu.au Activity 5 - Business Deductions Can the damages paid by a newspaper company to settle a defamation suit be deductible? (Please see Herald & Weekly Times). Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 26 of 65 Activity 6 - Case Study You are a financial advisor wants advice as to how to best structure the purchase of this investment property. Your client John has bought a house to rent out. He paid $300,000, he borrowed $150,000 on a fixed rate mortgage with 10% interest per annum. Investment Banking Institute www.ibi.edu.au John’s equity in the investment property is $150,000 from his savings. John has incurred stamp duty costs on the transfer and mortgage of $8,000. John paid $1,500 to Louis, a solicitor, to do the conveyancing. John has paid the mortgagee’s legal costs of $800, as is usual in borrowing transactions of this kind. John also engaged a real estate agent who found tenants for the property. The tenants deposited a bond with the state authority of $1,200 and paid rent of $300 per week. The real estate agent charged John the first week’s rent plus 5% on the weekly rent. John has insured the house for $300,000 and paid insurance premiums of $500 each year. John also paid council and water rates of $1,500. John first wants you to confirm what is the tax treatment for all of these expenditures? Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 27 of 65 Activity 7 - Self-employed Superannuation Contributions Kevin Murphy is a leading hair stylist and is self employed. He comes to you seeking financial advice based on the following information: Sole proprietor - business income Investment Income Total Assessable Income $55,000 $15,000 $70,000 Investment Banking Institute www.ibi.edu.au Can Kevin claim a deduction on a $10,000 personal contributions to his complying SMSF and why? Activity 8 - Business Deductions Can the damages paid by a newspaper company to settle a defamation suit be deductible? (please see Herald & Weekly Times). Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 28 of 65 Activity 9 - Business Deductions Are the initial financial planning advice fees deductible by a client? (please read TD 95/60). Investment Banking Institute www.ibi.edu.au Activity 10 - Business Deductions Why are assets such as land and trading stock (inventory) never treated as depreciating assets? Activity 11 - Business Deductions Why are assets such as land and trading stock (inventory) never treated as depreciating assets? Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 29 of 65 Activity 12 - Depreciation Kevin Murphy is a leading hair stylist and is self employed. Kevin purchases a new pair of cutting scissors for $900 and wants to know whether he should depreciate them fully or over their useful life? Investment Banking Institute www.ibi.edu.au Please advise Kevin and explain the 2 main methods of calculating depreciation. (a) Prime cost depreciation method. (straight line depreciation) (b) Diminishing value depreciation method Where does depreciation and accumulated depreciation appears in the financial statements of a business? Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 30 of 65 Activity 13 - Interest Payments Are interest payments tax deductible on your family car? Yes/ No? Why? Investment Banking Institute www.ibi.edu.au Activity 14 - Tax Offset What are some examples of tax offsets available in Australia? Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 31 of 65 Activity 15 - Deduction and a Tax offset – Interest Payments What is the difference between a deduction and a Tax offset? (b) Provide an example of both a tax deduction and a Tax offset Investment Banking Institute www.ibi.edu.au (a) Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 32 of 65 Activity 16 - Negative Gearing – Interest Payments Investment Banking Institute www.ibi.edu.au A client, Kevin, attends your office and wants to know the difference between buying an investment rental property so that it is positively geared or negatively geared.? (a) Please explain to Kevin the difference? (b) What is the aim of negatively geared any sort investment? The tenants vacate Kevin’s rental property. Kevin to his dismay discovers the house was being used as an illegal brothel. Kevin needs to undertake some repairs to his investment rental property including the replacement of broken light fittings, discovered a hole in a bedroom wall and repair bedroom doors.. (c) Are these expenses tax deductible? Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 33 of 65 Activity 17 - Carried Forward Losses Kevin Murphy has carried on a business since 2002. In the year ended 30 June 2002, his income was 150,000 and he had deductible expenses of 200,000. Investment Banking Institute www.ibi.edu.au At 30 June 2003, his income was 300,000 but he had deductible expenses of 350,000. At 30 June 2004, his income was 300,000 but he had deductible expenses of 350,000. At 30 June 2005, his income was 300,000 but he had deductible expenses of 350,000. At 30 June 2006, his income was 300,000 but he had deductible expenses of 350,000. At 30 June 2007, his income was 300,000 but he had deductible expenses of 350,000. At 30 June 2008, his income was 300,000 but he had deductible expenses of 350,000. Last year, Kevin had income of 400,000 and expenses of 25,000 as at 30 June 2004. What are the total carried forward losses that Kevin has at the 30 June 2003? What are the total carried forward losses that Kevin has at the 30 June 2004? What are the total carried forward losses that Kevin has at the 30 June 2005? What are the total carried forward losses that Kevin has at the 30 June 2006? What are the total carried forward losses that Kevin has at the 30 June 2007? What are the total carried forward losses that Kevin has at the 30 June 2008? What are the total carried forward losses that Kevin has at the 30 June 2009? Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 34 of 65 Module 4 Activity 1 - Tax Rates Investment Banking Institute www.ibi.edu.au What is the most tax any taxpayer in Australia should pay? Why? Activity 2 - What is the advantages of SMSF What is the advantage and disadvantages of using a SMSF in taxation planning? Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 35 of 65 Module 5 Activity 1 - Calculating GST Using the Kevin Murphy Case Study example above please answer the following questions. What is the GST rate is Australia’s GST? If you purchase a loaf of bread for $5 what GST is payable? Investment Banking Institute www.ibi.edu.au If you purchase a new commercial property worth $2 million what GST is payable? What are the 3 different types of supplies that can occur under the GST legislation? What is the key distinction between each of them? How does the Federal Government collect GST? Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 36 of 65 Activity 2 - GST and Financial Services Investment Banking Institute www.ibi.edu.au If an Investment Funds pays a Fund Manager $400,000 per annum to provide financial services what sort of supply arises? Please show calculations What amount of GST is payable? Please show calculations What RITC can be claimed? Please show calculations Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 37 of 65 Activity 3 - GST Checklist Case Study – Part 1 If you work your way through the GST checklist above a financial adviser would be able to determine the GST outcome of a particular fact situation. Peter Murphy a famous hairdresser and property developer in Australia. Peter comes to your financial planning firm, ABCD Financial Planners, to see you in relation to a prospective commercial property investment he wants to pursue. Investment Banking Institute www.ibi.edu.au Peter wants to purchase of a block of land in Chapel Street Melbourne for $2million to set up a new hair salon and redevelop into residential apartments in the future. Peter brings along a copy of the draft sales agreement and wants you to review the terms of the agreement and provide financial advice from a GST perspective. You know the land is currently subject to a lease to a fruit shop but Peter wants to bring the lease to an end. Peter is currently negotiating for the simultaneous termination of the lease with settlement or prior to settlement with the vendor of the land, Kevin McDonald who is registered for GST. As a financial adviser you need to work your way through the GST checklist to advise Peter of what the GST outcome from the proposed transaction. 1. Identify what type of supply arises from Peter’s proposed transaction? Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 38 of 65 Activity 4 - GST Checklist Case Study – Part 2 Investment Banking Institute www.ibi.edu.au 2. Is it a taxable supply? Are the four criteria of a taxable supply satisfied Activity 5 - GST Checklist Case Study – Part 3 3. How much GST is payable on the purchase of the land? Please show your calculations Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 39 of 65 Activity 6 - GST Checklist Case Study – Part 4 Investment Banking Institute www.ibi.edu.au 4. When is GST payable? Why Activity 7 - GST Checklist Case Study – Part 5 5. Who is liable to the GST? Peter or Kevin? Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 40 of 65 Activity 8 - GST Checklist Case Study – Part 6 What is the position of the recipient of the supply? Is Peter entitled to a GST input taxed credit.? Why/Why not? Investment Banking Institute www.ibi.edu.au 6. Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 41 of 65 Activity 9 - GST Checklist Case Study – Part 7 7. What cash flow and stamp duty problems arise by being entitled to a GST input taxed credit.? Investment Banking Institute www.ibi.edu.au Activity 10 - GST Checklist Case Study – Part 8 8. Can you structure the transaction so that it falls within a GST free category? Please read the GST Ruling 2002/5 Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 42 of 65 Module 6 Activity 1 - CGT Assets Investment Banking Institute www.ibi.edu.au Provide 5 examples of assets that are not CGT assets? Activity 2 - Rollover versus Exemption What is the difference between a rollover and an exemption? Provide 2 examples of each Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 43 of 65 Activity 3 - Calculating Capital Gains Tax Investment Banking Institute www.ibi.edu.au If Peter purchased a house to live in for $100,000 worth of BHP shares on the 1st September 2007 and sold his house (which was his personal place of residence) for $420,000 on June 2008 how much capital gains tax would Peter be liable to pay to the ATO? If Peter purchased a house to live for $100,000 cash on the 1st September 1984 and sold his house for $420,000 on June 2008 how much capital gains tax would Peter be liable to pay to the ATO? If Peter sells his trading stock of shampoo in the ordinary course of his business. The sale of an asset in the course of ordinary business gives rise to ordinary income in the hands of Peter. However the sale of trading stock is also a straightforward example of a CGT event. Does Peter need to pay income tax or CGT? Why? Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 44 of 65 Activity 4 - Calculating Capital Gains Tax –Step 1 Investment Banking Institute www.ibi.edu.au What are the CGT consequences of these transactions? a. If Peter sells a parcel of shares for $20,000. He bought the shares in 1982 for $2,600. What if Peter bought the shares in 1990? b. Sue sells her car for $12,500. She bought the car in 1998 for $15,600. c. Lee sells her holiday home in Portsea for $300,000. She bought the house in December 1999 for $212,000. d. If Peta sells her sailing boat, with 2 sets of sails and other equipment for $4,000. She bought the boat in 1997 for $6,600 and the other equipment for $800. Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 45 of 65 Activity 5 - Calculating Capital Gains Tax –Step 2 Investment Banking Institute www.ibi.edu.au What are the CGT consequences of these transactions? a. If Alan and Betty divorce after 20 years marriage. As part of the divorce settlement, they agree that Alan will transfer her 50% interest in a holiday house to Betty, so Betty owns 100%. The house was bought in 1995 for $150,000 and is now worth $220,000. What are the consequences to Alan and Betty? b. Peter inherited a house from his aunt, that she acquired in 1960. The house had a market value of $250,000 when Peter inherited it in 2004. This year, John sold the house for $290,000. Is there any assessable capital gain for John and if so, how much gain is assessable? Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 46 of 65 Activity 6 - Personal Use Assets Investment Banking Institute www.ibi.edu.au How much is the total net capital gain derived in each of these years: (assuming there is no special rule applicable, the assets are not personal use assets and indexation is no available) Year Asset Cost Base Capital Proceeds Gain/Loss 1 A $12,000 $10,000 -2,000 B $15,000 $20,000 +5,000 2 C $12,000 $10,000 -2,000 3 D $12,000 $10,000 -2,000 E $15,000 $18,000 +3,000 Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 47 of 65 Module 7 Activity 1 - Why does FBT exist Investment Banking Institute www.ibi.edu.au What are the policy reasons for taxing fringe benefits made by employers to employees? Activity 2 - FBT - Why does FBT exist Why was it difficult to do this in practice under Australian income tax law prior to 1986? Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 48 of 65 Activity 3 - Who bears FBT Investment Banking Institute www.ibi.edu.au Under the FBT regime the employer pays FBT obligations. However, in reality, who do you think bears the tax – the employer or the employee? Why? Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 49 of 65 Activity 4 - Marginal Tax Rates and FBT Investment Banking Institute www.ibi.edu.au If Peter earns $30,000 per year and has a low marginal tax rate of 30%. Is it likely that Peter’s employer will agree to provide him with fringe benefits taxable to the employer instead of salary taxable to Peter? Why or why not? Activity 5 - Gross Up rate What is the Gross Up rate for fringe benefits that an employer needs to use Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 50 of 65 Activity 6 - Benchmark Interest rate Investment Banking Institute www.ibi.edu.au What is the benchmark interest rate for the fringe benefits tax (FBT) for the year commencing 1 April 2009? Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 51 of 65 Activity 7 - Benchmark Interest rate If Prohair Salon Pty Ltd, a hairdressing business, provides their leading employee Peter with a low interest loan @ 1%, of $20,000 which was to attend Las Vegas, on the 1st April and no capital amount was repaid by year end. Remember the benchmark interest rate is 5.85% (2009/20010 FBT year) a) On what amount is FBT assessable? Please show calculations Investment Banking Institute www.ibi.edu.au FBT payable = (amount of loan) *(benchmark interest rate – interest rate paid) b) Using the original gross up formula calculate the FBT payable? c) Apply the fringe benefits tax to calculate the FBT payable Grossed-up Amount = Total taxable value x Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved gross-up rate Page 52 of 65 Module 8 Activity 1 - PAYG Withholding Tax Mark Smith invest $500,000 into NAB shares and fails to quote his TFN. Mark Smith receives a fully franked dividend of $50,000. Investment Banking Institute www.ibi.edu.au What amount of tax has been deducted by the company? Activity 2 - PAYG Withholding and ABN and TFN Mark comes to see Peter a financial planner and wants to whether an Australian Business Number (ABN) can be quoted as an alternative to the Tax File Numbers (TFN) for the purpose of PAYG withholding tax with respect to investment in NAB shares? Why? /Why not? Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 53 of 65 Activity 3 - Pay As You Go (PAYG) instalment What is PAYG? How do you make payments? Investment Banking Institute www.ibi.edu.au What are the payment options for PAYG instalments? Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 54 of 65 Activity 4 - BAS versus IAS Investment Banking Institute www.ibi.edu.au What is the difference between a Business Activity Statement (BAS) and Instalment Activity Statement? Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 55 of 65 Activity 5 - PAYG Quarterly Instalment Method Investment Banking Institute www.ibi.edu.au Garry Gee the Dentist current annual income tax assessment states that he had an income from investments of $85,000 with a notional tax bill of $12,000. a) What would Garry Gee’s PAYG Instalment Rate be if Garry elects to calculate his own Instalment Amount based on Actual Instalment Income? b) Why are quarterly instalments required? Can annual instalments be made? Why /Why Not? c) What would Garry Gee’s PAYG Instalment Rate be if Garry elects to calculate his own Instalment Amount based on Actual Instalment Income? Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 56 of 65 Activity 6 - HELP Peter has been studying law and commerce for 6 years at Melbourne University and has a HECS loan of $120,000 outstanding. Peter is currently working in a law firm and is being paid $50,000 pa. Investment Banking Institute www.ibi.edu.au What is the minimum threshold for compulsory repayments for HELP debt? What is Peter’s HECS Repayment Rate? Please show calculations If Peter was earning $34,000 pa what HELP repayments would need to be made in the current financial year? Why? Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 57 of 65 Investment Banking Institute www.ibi.edu.au If Peter never earns any taxable income for the remainder of his working life sue to salary sacrifice arrangements in place what HELP repayments would need to be made? Why? Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 58 of 65 Module 9 Activity 1 - Taxation Planning Investment Banking Institute www.ibi.edu.au What is the highest tax rate a taxpayer should pay on any assessable income? Why – Please explain Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 59 of 65 Activity 2 - Taxation Planning Peter Mac, Kevin Murphy and Leanne Gee, who are members of the same extended family. They establish business producing and selling a new range of haircare products to professional hair salons called SexyHair. Sexyhair has revenues of $4 million and deductions of $2.8 million. The profits of Sexyhair business in the current financial year, after taking into account all allowable deductions is $1,200,000. Investment Banking Institute www.ibi.edu.au You are their financial planner and want you to provide advice as to how the profits are to be taxed if the Sexyhair business is established as a : 1. Sole Proprietorship; 2. Sexyhair Partnership; 3. In a company, Sexyhair Pty Ltd; 4. In a fixed trust, where the trustee, Sexyhair Pty Ltd holds the business equally on behalf of Peter, Kevin and Leanne beneficiaries; 5. In a discretionary trust, where the trustee Sexyhair Pty Ltd holds the business and Peter, Kevin and Leanne are listed as potential beneficiaries of the trust? Would your taxation planning advice be different if the Sexyhair business made a tax loss in the current year of $300,000? Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 60 of 65 Investment Banking Institute www.ibi.edu.au Activity 2 - Taxation Planning - continued Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 61 of 65 Activity 3 - Special Taxpayers - Farmers Ted is an executive in a large multinational company. Ted's salary is $290,000 for the 2009-10 income year. Ted also has a hobby farm, which runs at a loss each year. In the 2009-10 year, the hobby farm makes a loss of $40,000. Under the current law, Ted passes the non-commercial losses real property test and therefore can claim his business losses. Ted's taxable income has therefore been reduced to $250,000 [$290,000 - $40,000] from $290,000. This provides an unfair tax saving of $18,600. Investment Banking Institute www.ibi.edu.au Under the proposed changes, Ted's adjusted taxable income (ignoring his business losses) is $290,000. Does Ted lose the deductions? Why/Why Not? Under the proposed changes, Ted's adjusted taxable income (ignoring his business losses) is $240,000. Does Ted lose the deductions? Why/ Why not? Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Page 62 of 65 Module 10 Activity 1 - Taxation Avoidance Investment Banking Institute www.ibi.edu.au Peter Mac, Kevin Murphy and Leanne Gee, who are members of the same extended family. They establish business producing and selling a new range of haircare products to professional hair salons called SexyHair. Sexyhair has revenues of $4 million and deductions of $2.8 million. The profits of Sexyhair business in the current financial year, after taking into account all allowable deductions is $1,200,000. You are their financial planner and want you to provide advice as Peter Mac proposal to do the following tax planning strategies : 1. deduct interest expense for Peter’s private house against the business income; 2. pay money to his mother in law in Sweden a claim a tax deduction against the business income 3. create a loan to his wife and claim a interest deduction; 4. place 25% ownership of the Sexy hair business in the Peter Mac Family 5. purchase an investment property through the business and negatively gear Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Investment Banking Institute www.ibi.edu.au Page 63 of 65 Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Investment Banking Institute www.ibi.edu.au Page 64 of 65 Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved Investment Banking Institute www.ibi.edu.au Page 65 of 65 Advanced Diploma of Financial Services Taxation Planning ADocument1 Copyright © 2009. Investment Banking Institute of Australia All Rights Reserved