LAW6001 Comprehensive Individual Tax Return Assignment Sample

• Subject Code : LAW6001
• University : Laureate International Universities My Assignment Services is not sponsored or endorsed by this college or university.
• Subject Name : Law

Taxation Law

Solution

Himanshu Patel, who is 59 years old sole trader and also registered under GST, he is also working as import /Export agent with Blue Marlin Pty Ltd. He also has his investment property in Lakemba Sydney Himanshu is taking care of his wife Hayali Patel, who has lost eye sight in her left eye 9 months ago, on the 1st of October 2018 as a result of a car accident. Himanshu is solely taking care of Hayali.

Hayali Patel is 30 July 1989 born, currently receives disability pension from Centre link $9,200 for the 2020 tax year. She has no deductions to claim for the 2020 tax year.

So Himanshu as a resident of Australia has income from different sources, he has declared that he don’t have any health insurance done. His assessable and deduction are to be calculated to know the taxable income as follow:-

Income from

As per ITAA97, Taxable Income= Assessable Income – Deductions, and in this case it can be assessed and calculated in the following manner (i Know, 2020) A taxpayer's "assessable income" is broadly their regular income and their statutory earnings but excludes their exempt earnings

As per Sec 6 – 5(2) of ITAA97 applies for all ordinary income earned or derived in Australia or includes all ordinary income derived directly or indirectly, whether in out from Australia in an income Year.

Sec 8-1, applies to deductions or expenses or any outgoing to the extent

1. If incurred for gaining or producing the said assessable income
2. If is compulsory to incur this expenses for the business purpose to attain this income.

Assumption taken for calculating Depreciation as per note 1 for business income, and effective life as per note 1 for rental income

Working Notes for Calculation

Annexure 1- Depreciation

On the basis of the Note 1 given in the case study following depreciation is calculated

Annexure – 2

Profit and Loss account as on 30^th June 2020

(Australian Government , 2020) TR 2020/3 Income tax: effective life of depreciating assets (applicable from 1 July 2020), under this section 40-100 of the Income Tax Assessment Act 1997 (ITAA 1997). Effective life applicable. As per Sec 40-95 , If one first uses a depreciating asset or have it installed ready for use within five years of the time (the relevant time):·

• One entered into the contract to acquire it

• One started to construct it, or

• One otherwise acquired it,

(Jolly, 2019), following deductions can be claimed from the investment property as allowed by ATO,

 Management and maintenance costs which could be deducted include:

• Advertisement to discover fresh tenants
• Bank Charges as well as loan charges
• Body company fees, cleaning costs and also council rates
• Gasoline and electricity charges not paid out by the tenant
• Insurance of House, landlord and documents
• Land Tax
• Supervisor fee for property
• Any Repair and Maintenance charges
• Travel and automobile expenses for rent collection or even inspections

Cost as incurred due to assessment or maybe maintenance, Borrowing expenses e.g. interest or principal repaid. Other borrowing fees include:

• Loan processing fee
• If any Mortgage insurance is there
• Title Fee
• Broker Cost for Mortgage
• Stamp Duty for mortgage

In this case let’s assume that commissioner has decided the effective life as 5 years for depreciable assets in the property so the calculation of that is:-

Annexure 3

Annexure 4 – Rental income from Property

Calculation of Tax liability:-

Tax offset:

Though the tax offset is available as per ATO on the basis of following eligibility but If you've a disability or maybe you care for an individual with a disability, you might be eligible for specific tax offsets. (ATO, 2020)

Tax offsets, often called rebates, directly lower the level of tax payable on the taxable income of yours.

Generally, offsets are able to decrease your tax payable to zero but by themselves they cannot help you your money back.

Based on the circumstances of yours, you might be permitted to a tax offset whether one is

• A senior citizen or a pensioner
• Receive specific allowances from the government or perhaps any payments
• Maintains a carer for any dependents which reduces the income

But in his case as no expenses are clearly mentioned that is how much he has spent on his wife’s treatment so it cannot be claimed unless properly identified and maintained with evidence separately.

Invalid and invalid carer

Tax offset is only available where the taxpayer maintains an invalid or an invalid carer who is an eligible dependent. In addition, access to the offset is income tested where the combined adjusted taxable income is more than $100,000 for the 2019 year

Assessable income for Hayali Patel can be calculated separately, which will be

Pension received from Centerlink = $9200

Interest recd from joint Acount = $500

Total Income = $9700

Deduction available due to disability =$ 9200

Taxable income = Nil (as upto $18200 , tax is nil)

Tax = Nil

Following are explanations are used to calculate the taxable income under various heads:-

Part 1

Personal services income (PSI) Could be the client a sole trader? whether yes, use the CPA Australia 2019 PSI/PSB self-assessment checklist to decide if the prospect is governed by the private services income provisions by figuring out regardless of whether they're conducting your own services enterprise (PSB).

If the person is having on a PSB the' Professional items schedule and business for people 2019' must be finished. A copy of related instructions and the schedule are readily available on the ATO site. If the person isn't having on a PSB that individual won't be permitted to deductions for land tax, rates, mortgage interest, or rent, or maybe for payments or maybe superannuation contributions manufactured in respect of an associate for instance a spouse.

Part 2 and Part 3

If the taxpayer derived revenue from any organization (other than the private service revenue provided at product fourteen), complete and connect a 2019 Business along with expert things schedule.

The customer might be permitted to a small business tax offset of up to 1dolar1 1,000 if the prospect is a small business entity for the 2019 season. The tax offset is available where client 's aggregated turnover is under five dolars million for the 2019 season, so the offset is the same as eight % of the income tax payable on the client's complete net business revenue that is capped to a maximum quantity of 1dolar1 1,000.

A copy of the company and professional things schedule for people for 2019 are readily available on the ATO site.

Separate disclosure is necessary in regard associated with a net loss or income from a company carrying on a business and primary production carrying on non-primary production activities.

Did the customer make a gain or maybe loss from the disposal of any cryptocurrency like a bitcoin in the season ended thirty June 2019? In that case, there are very likely to be tax consequences. These differ based on the dynamics of the client 's instances. If a taxpayer is having on a company which requires transacting with cryptocurrency the trading inventory regulations apply, instead of the CGT rules. Proceeds from the purchase of cryptocurrency kept as trading inventory in a company are ordinary income, so the expense of obtaining cryptocurrency held as trading inventory is deductible. Far more info on whether a taxpayer is having on a company which requires transacting in a cryptocurrency can be obtained on the ATO site. Everybody involved in obtaining or perhaps getting rid of cryptocurrency needs to preserve data in relation to such transactions. Additionally, if the transaction happens in a different country, there may in addition be taxation effects in which foreign country.

References for Comprehensive Individual Tax Return

ATO. (2020). /income-and-deductions/offsets-and-rebates/super-related-tax-offsets/. Retrieved from https://www.ato.gov.au/individuals: https://www.ato.gov.au/individuals/income-and-deductions/offsets-and-rebates/super-related-tax-offsets/

ATO. (2020, July). https://www.ato.gov.au/individuals/people-with-disability/tax-offsets/. Retrieved from https://www.ato.gov.au/: https://www.ato.gov.au/individuals/people-with-disability/tax-offsets/

Australian Government . (2020). TXR/TR20203/NAT/ATO/00001. Retrieved from https://www.ato.gov.au/law/view/document?docid=TXR/TR20203/NAT/ATO/00001: https://www.ato.gov.au/law/view/document?docid=TXR/TR20203/NAT/ATO/00001

i Know. (2020). assessable-income. Retrieved from https://iknow.cch.com.au/topic/tlp1041/overview/assessable-income: https://iknow.cch.com.au/topic/tlp1041/overview/assessable-income

Jolly, W. (2019). rental-income-tax. Retrieved from https://www.savings.com.au: https://www.savings.com.au/home-loans/investing/rental-income-tax

Remember, at the center of any academic work, lies clarity and evidence. Should you need further assistance, do look up to our Law Assignment Help