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Block of Vacant Land

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In the case of the block of vacant land as the client signed the contract to sale a block of vacant land in the current tax year, capital gain will be taxable in the current year itself, as the registration of land is immaterial where the client has received the full consideration as per the sale agreement within the stipulated time , as the holding the legal title is not necessary for the charging a capital gain tax. Consideration received within the stipulated time means i.e before the filing of the return of the income of the current tax year, in the case we assume that client has received the income before filing the return of income, So here by concluding that whether capital gain chargeable in current tax year or next tax year, we can charge capital gain tax only on current tax year because contract to sale block of vacant land signed in current year.

As incurrence of $20000 as land taxes will be deducted from the sales consideration as this are the expenditure related to transfer of capital gain.

Deposit of $ 20000 will not be considered while calculating the capital gain tax, for the cost of land $ 100000 we have to calculate indexed cost of acquisition.

As vacant land was acquired in year 2001 and sold in year 2018 it will treated as long term capital asset and capital gain will chargeable as long term capital gain.

Working notes on Indexed cost of Acquisition:

CPI for Quarter Ending 30 June 2018

* Cost of Acquistion of Investment

CPI for Quarter Ending 31st March 2001

113.0

* $100000

73.9

= 152909.33 is indexed cost of Acquistion.

Computation of capital gain:

Particulars

Amount

Sales Consideration

$320000

Less:

Transfer expenses

$20000

Net sale consideration

$300000

Less:

Indexed cost of Acquistion (w.n.1)

152909.33

Long term capital gain

147090.67

Antique Bed-Where any person receives at any time during the current tax year any money or other asset under a insurance from insurance company on account of damage and destruction of capital asset as result of:

  • Flood, hurricane , typhoon, Earthquake
  • Civil or riot disturbance
  • Accidental explosion and fire.
  • Action taken by enemy(with or without declaration of war)

Then the gain arising from receipt of such assets will be taxable in current tax year.

Capital gain will not chargeable if asset destroyed and no insurance compensation received, then the cost of asset will be dead loss and hence no tax treatment.

Capital gain will not be taxable in the year in which asset is destroyed but it will be taxable in the year in which the insurance money is received for the insurance company.

For computing the capital gain date of destruction of capital asset will be taken as the date of transfer of the capital asset .

As the alteration of $ 1500 is done in 1986 it will be considered as cost of improvement for the computation of capital gain and here we have to calculate indexed cost of Improvement because it is a long term capital asset.

CPI for Quarter Ending 30 June 2018

* Cost of Improvement

CPI for Quarter Ending 30 October 1986

=

113.0

* $1500

44.4

= Cost of Improvement will be 3817.56

As it is long term capital asset indexed cost of acquisition will be calculated for the computation of capital gain.

CPI for Quarter Ending 30 June 2018

* Cost of Acquistion of Investment

CPI for Quarter Ending 31st July 1986

=


113.0

* $3500

43.2

Cost of Acquisition will be 9155.09

Sale consideration will taken as $ 11000 as this is the only amount received from Insurance company. Transfer will be the year of destruction of the asset the tax year will be in which compensation actually received.

Particulars

Amount

Sales Consideration

$11000

Less:

Transfer expenses

Nil

Net sale consideration

$11000

Less:

Indexed cost of Acquistion

3817.56

Less:

Indexed cost of Improvement

9155.09

Long term capital Loss

-1972.65

This long term capital loss can be transferred for next 8 assessment year.

Painting-This are the movable personal effects assets, whenever we are transfer any movable asset then the depreciation will be charged on it then it will be considered as capital loss for the client.

But there are certain Exception to the Movable personal effects asset that are:

  1. Jewellery
  2. Sculpture
  3. Painting
  4. Drawings, Any other work of Art.

If we transfer this asset, because the government has put this item in exception because the value of this items are appreciated , as in this case painting value is appreciated and painting is sold for $ 125000 capital gain will be chargeable on it.

As it is long term capital asset indexed cost of acquisition will be calculated for the computation of capital gain.

CPI for Quarter Ending 30 June 2018

* Cost of Acquistion of Investment

CPI for Quarter Ending 30 june 1985

113.0

* $2000

38.8

Indexed cost of Acquistion will be 5824.74

Particulars

Amount

Sales Consideration

$125000

Less:

Transfer expenses

Nil

Net sale consideration

$125000

Less:

Indexed cost of Acquisition

5824.74

Long term capital Gain

119175.26

Shares-When the assets held for more than 12 months then the assets will be considered as Long term capital asset, and if asset are held by the client less than 12 months then the asset will be considered as short term capital asset.

PART 1

1000 shares of common bank ltd. Acquired in 2001 and sold in current tax year that is 2018 then it will considered as long term capital asset.

As the stamp duty will be considered as capital loss it will be added in the cost base.

Cost base = purchase price + stamp duty on purchase

As asset held for more than 12 months then we have to calculate indexed cost of acquisition

= 1000 * 15 = 15000

=

CPI for Quarter Ending 30 June 2018

* Indexed cost of Acquisition

CPI for Quarter Ending 31st march 2001

113.0

* $15000

73.90

= 22936.40 will be indexed cost of acquisition.

Cost base = 22936.40+ 750 = 23686.4

Sales consideration will be 1000 *47

= 47000

Brokerage fees will be deducted from the Sales consideration

= 47000- 550

= 46450

Computation of capital gain:

Particulars

Amount

Sales Consideration

$47000

Less:

Brokerage fees

550

Net sale consideration

$46450

Less:

Indexed cost of Acquistion

23686.4

Long term capital Gain

22763.6

PART 2

2500 shares of PHB iron Ore Ltd . Acquired in 2001 and sold in current tax year that is 2018 then it will considered as long term capital asset.

As the stamp duty will be considered as capital loss it will be added in the cost base.

Cost base = purchase price + stamp duty on purchase

As asset held for more than 12 months then we have to calculate indexed cost of acquisition

= 2500 * 12 = 30000

=

CPI for Quarter Ending 30 March 2018

* Indexed cost of Acquisition

CPI for Quarter Ending 31st march 2001

112.6

* $ 30000

73.90

= 95230.04 will be indexed cost of acquisition.

Cost base = 45710.41 + 1500 = 47210.41

Sales consideration will be 2500 *25

= 62500

Brokerage fees will be deducted from the Sakes consideration

= 62500 – 1000

= 61500

Computation of capital gain:

Particulars

Amount

Sales Consideration

$62500

Less:

Brokerage fees

1000

Net sale consideration

$61500

Less:

Indexed cost of Acquisition

47210.41

Long term capital Gain

14289.59

PART 3

1200 shares of Young Kids Learning ltd. Acquired in 2005 and sold in current tax year that is 2018 then it will considered as long term capital asset.

As the stamp duty will be considered as capital loss it will be added in the cost base.

Cost base = purchase price + stamp duty on purchase

As asset held for more than 12 months then we have to calculate indexed cost of acquisition

= 1200 * 5 = 6000

=

CPI for Quarter Ending 30 March 2018

* Indexed cost of Acquisition

CPI for Quarter Ending 31st march 2001

112.6

* $ 6000

82.1

= 8228.98 will be indexed cost of acquisition.

Cost base = 8228.98 + 500 = 8728.98

Sales consideration will be 1200 *0.50

= 600

Brokerage fees will be deducted from the Sakes consideration

= 600 – 100

= 500

Computation of capital gain:

Particulars

Amount

Sales Consideration

$600

Less:

Brokerage fees

100

Net sale consideration

$500

Less:

Indexed cost of Acquisition

8728.98

Long term Capital Loss

8228.98

PART 4

10000 Shares of share build ltd Acquired on 5th July current year and sold in current tax year that is 2018 then it will considered as Short term capital asset.

As the stamp duty will be considered as capital loss it will be added in the cost base.

Cost base = purchase price + stamp duty on purchase

As asset held for less than 12 months, here we do not calculate indexation.

= 10000 * 1 = 10000

= 10000 plus stamp duty

= 10000 + 1100

=11100

Sales consideration will be 10000 *2.50

= 25000

Brokerage fees will be deducted from the Sakes consideration

= 25000 – 900

= 24100

Computation of capital gain:

Particulars

Amount

Sales Consideration

$25000

Less:

Brokerage fees

900

Net sale consideration

$24100

Less:

Cost of Acqusition

11100

Short term Capital Gain

13000

Violin-As the client is not the trader in the violin but an investor then the violin represent his capital asset and not a stock in trade, as he sale of one of its violin, then the difference between the sale value and the cost of the asset would be chargeable as Short term capital gain.

Particulars

Amount

Sales Consideration

$12000

Less:

Transfer expenses

Nil

Net sale consideration

$12000

Less:

Cost of Acquisition

5500

Short term Capital Gain

6500

As $ 1500 is a short term capital loss which can be Set off against both the short term capital gain or long term capital while on the other hand remaining 8500 – 1500 = 7000 is the long term capital loss which is brought forward from the previous year. This long term term capital loss will be set off only against the long term capital gain.

Total long term capital gain for current tax year:

= 147090.67 + 119175+ 22763.6 + 14289.59

= 303318.86

Total long term capital loss of current tax year:

= 1972.65 + 8228.98

= 10201.63

Total short term capital gain for the current tax year:

= 13000 + 6500

19500

First brought forward long term capital loss of $ 7000 will be set off against log term capital gain 303318.86 – 7000 = 296318.86

Then long term capital loss of current year will be set off:

= 296318.86 – 10201.63

= 286117.23

Then short term capital loss of the previous will be set off either from short term capital gain or from long term capital gain as per your choice.

= 19500 – 1500 = 18000

Net long term capital gain:

28117.23

Net short term capital gain :

18000

Total capital gain for the current tax year ended on 30th June

= 28117.23 +18000

= 46117.23

Fringe benefit tax is tax payable by the Employers for benefits paid to the Employee in addition to the salary or the wages. This is Separate to the income tax and is calculated on the taxable value of fringe benefits provided.

Taxable value of the car Fringe benefits :

Taxable value = (A*B*C)/D-E

Where,

A = Base value of the car.

B= Statutory percentage applicable.

C= Number of days in the FBT year when the car was used or available for private use of Employees

D= Number of Days in the FBT year.

E= Employee Contribution.

Base value of the car = original cost price including GST

= $33000 including GST

Car will be considered as available for the private use where the car repair at the workshop for the routine service, In this case it is for 5 days .

Car will not be considered as private use where it is parked at airport in this case it is for 10 days.

Expenses of $ 550 will not be considered as it will reimbursed by the rapid Heat Pty ltd.

As the total kilometre travelled during the year is 11000 Kilometres which is less than 15000 kilometres.

Number of days in the FBT Year when the car was used for the private use of the Employees

= From 1st May 2018 to 31st March 2018

= 335 days

= 335days – 10 days

= 325 days

Statutory applicable Percentage :

11000 * 365/325

= 12354 Kilometres

As the 12354 kilometres is less than 15000 kilometres the applicable statutory percentage is 26%

Calculation of the taxable value:

= 33000 * 26% * 325/365

= Taxable value is 7639.72

Taxable value of the loan Fringe benefit is the difference between the Interest accrued during the FBT year and the statutory rate of interest will be applied to the daily outstanding balance of the loan and the interest actually received. GST does not affect the taxable value of the loan fringe benefits.

As the loan of $ 500000 is provided to the jasmine, the statutory interest is 5.65%

= Notional interest on the loan will be $500000 * 5.65%

= $ 28250

The actual interest would be = 500000 *4.25%

= 21250

The difference of 28250 – 21250

= 7000 will be taxable value of the loan fringe benefit tax.

Lent $ 50000 to husband at interest free to purchase the share of the Telstra. Husband shares in the dividend income of the shares is 50000 /500000 i.e is 10%

The otherwise deductible rule applies , but the taxable value can only be reduced by the employee (Jasmine share)In the Income producing asset

Jasmine share 100% - 10% = 90%

Taxable value multiply by Jasmine share

= 7000 * 90%

= 6300

As jasmine purchase the Electric heaters for $ 1300 which is less than amount of 2600 at which rapid hear sold to general public in outside market , then the taxable value will be

= 2600 – 1300

= 1300 is the taxable value

It is immaterial that is electric heater is manufacture at $700 because we compare the actual price with the market price .

Calculation of the total FBT Liability:

= 7369.72 + 7000 +1300

= 15669.72

Rapid heat set off the GST paid on the purchase of the car and the expenses incurred on the minor repairs with their Output sales GST.

Part b

If jasmine used $ 50000 to Purchase the shares herself instead of lending it to the husband.

Then no need to obtain where the loan:

  • Used solely to enable the jasmine (employee) to purchase the shares in your company and employee owned the shares throughout the year to the period where the loan is outstanding.
  • Providing the sale credit to the employee of services and goods exclusively used in employees employment there is an example for it protective cloth selling too employee on interest free credit terms.

YES In part b answer will differ as jasmine used $ 50000 to shares herself by adopting the above method.

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