TAX2017 Taxation Law

According to “section 6-5 of the Income Tax Assessment Act 1997” an individual taxpayer deriving income directly from the employment would be considered for assessment since these income is directly during or in course of employment by the taxpayer (Barkoczy, 2016). Additionally, any form expenditure that is directly related in the course of gaining the taxable income of the taxpayer would be considered as an allowable deduction. In determining the taxable income of the taxpayer in the present context there are three elements that is taken into the considerations they are namely the income of spouse generated from the remunerations, medical compensation and superannuation contribution which an employer makes as the portion of salary sacrifice value. The above stated three elements is viewed as the assessable income the reason behind this is that the remuneration of other half would be considered to be assessable in the hands of the husband (Collins et al. 2015). In addition to these the expenditure that is incurred in the form of medical expenses, compensation received for medical expenses and superannuation would be additionally determined at the time of deriving the taxable income of the individual taxpayer.   

According to the statement made under the “taxation ruling of 95/35” an individual making any form of capital gains under the above stated rulings would be regarded as the capital gains tax (Afik and Lahav 2016). These ruling is particularly associated with the consequences of the consequences of capital gains tax for the receipt of compensation value. As stated under the taxation ruling of “taxation ruling of 95/35” on receipt of compensation by the taxpayer is in respect of the sales considerations made for the assets for the underlying assets. Alternatively, the compensation of the taxpayer would be viewed as the considerations that is received in respect of the sale of the asset.

An important considerations regarding the receipt of compensation is that the taxpayer from the sales amount of the property or from any other source particularly the sale of the underlying assets would be regarded as revenue from the sales and the assets that are dissected would be viewed as compensation (Tan, Braithwaite and Reinhart 2016). As understood from the current situation it can be stated that the transfer of share to the present shareholder on the demise of the actual shareholder would be regarded as the factual owner of the asset.

As evident in the current situation it is noticed that shares are held in six different firms namely, CBA, BHP, COH, MYR and TLS whose sales proceeds will be ascertained depending upon the sales price and the current market value that is reported by the individual taxpayer based on the demise. As held in the case of “Inspector of Taxes v. Bensons Hosiery (Holdings) Pty ltd” the court in its decision have stated that any form of lawful enforceable rights can be converted in asset under the purview of the capital gains tax legislative (Snape and De Souza 2016).

Rental Property Schedule for 2017

Address of Rental Property 4/285 Pacific parade

Bilinga QLD 4225

Date property first earned rental income 01/03/2017

Number of weeks property was rented this year 40

Private Use %

Ownership % owned

Jinal Shah Shah0001 100.00

Income Return

Gross rental income 400 400

Other rental related income

Gross Rent 400 400

Expenses Total Prv % Return

S Stationery, telephone and postage Shah0001 17,195 17,195

N Legal fees Shah0001 1,240 1,240

E Body corporate fees Shah0001 1,000 1,000

H Council Rates Shah0001 900 900

U Water charges Shah0001 350 350

K Insurance Shah0001 685 685

L Interest on loans Shah0001 7,600 7,600

Q Repairs and maintenance Shah0001 699 699

Total expenses 29,669 29,669

Net Rent 29,269 / L 29,269 / L

Individual Tax Offsets-2017

Taxpayer Spouse

Taxable Income 0 64,000

Adjusted Reportable Fringe Benefits 605 0

Reportable Super Contributions 10,000 0

Exempt Pensions or benefits 0 0

Target Foreign Income 0 0

Net Financial Investment Losses and Rental Property Losses 146,226 0

Less – Child Maintenance expenditure 0 0

Adjusted Taxable Income 156,831 64,000

WORKSHEET OF DEPRECIATION-2017

Title Building

Transfer to

Private Use % (default private use % for this worksheet)

Instant Asset Write-Off

01/01/2017 Building 140,000

01/01/2017 Stove 750

01/01/2017 HotWater system 850

01/01/2017 Carpet 3,750

01/01/2017 Dishwasher 700

01/01/2017 AC 1,200

01/01/2017 Window curtains 2,700

01/01/2017 Refrigerator 990

01/01/2017 Washing machine 1,800

Total 152,740

Depreciation can be defined as the wear and tear of the obsolete asset where the transactions of non-current in nature would be incorporated in the books of accounts of the individual taxpayer (Braithwaite 2017.). The total value of depreciation is regarded as the cost of the assets. In the present context the instant write off procedure has been adopted by the individual taxpayer in determining the overall value of depreciation which is deducted from the overall amount of tax liabilities that takes place during the accounting year.

Afik, Z. and Lahav, Y., 2016. Risk Transfer Valuation in Advance Pricing Agreements Between Multinational Enterprises and Tax Authorities. Journal of Accounting, Auditing & Finance, 31(2), pp.203-211.

Barkoczy, S., 2016. Foundations of Taxation Law 2016. OUP Catalogue.

Braithwaite, V. ed., 2017. Taxing democracy: Understanding tax avoidance and evasion. Routledge.

Collins, M., Talley, D. and Smith, R.T., Black Knight IP Holding Company LLC and Black Knight IP Holding Co LLC, 2015. System for estimating property taxes. U.S. Patent Application 14/525,591.

Snape, J. and De Souza, J., 2016. Environmental taxation law: policy, contexts and practice. Routledge.

Tan, L.M., Braithwaite, V. and Reinhart, M., 2016. Why do small business taxpayers stay with their practitioners? Trust, competence and aggressive advice. International Small Business Journal, 34(3), pp.329-344.