Contact Us
Sign In / Sign Up for FREE
Go to advanced search...

Income taxition law - Essay Example

Comments (0) Cite this document
[INCOME TAXATION LAW] (Name) (Instructor/Tutor) (Course/Subject) (Institution/ University) (City, State) (Date) Part 1- Problem Question Capital Gains Tax Implications on Sale of the Shoe Manufacturing Factory Premises A capital gain is the difference between the cost of asset acquisition and the proceeds realised from disposing the same asset1…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER93.3% of users find it useful
Income taxition law
Read Text Preview

Extract of sample "Income taxition law"

Download file to see previous pages Any household required to pay tax on gains that result from disposition of financial and real property2. Whether the gains are speculative, from business income or passive, from capital income, they are subject to tax. On the other hand, investors may make capital losses when the proceeds realised from asset disposal are less than the costs of asset acquisition. Capital gains are only realised when assets are disposed, and not when they are leased. From the information that is provided, the net capital gain for Chloe from the sale of shoe manufacturing factory premises is $1,570,000. This is calculated by subtracting the costs incurred in the acquisition of the factory premises from the proceeds realised from sale of the factory premises as shown. $ $ Selling Price 2,000,000 Goodwill 400,000 Compensation 60,000 Compensation 30,000 2,490,000 Purchase Price 800,000 Goodwill 100,000 Renovation Cost 20,000 920,000 (920,000) Net Capital Gain 1,570,000 The capital gains tax implication for this transaction is that only fifty percent of the net capital gains will be subject to capital gains tax because the factory premise was owned for a period of more than twelve months. Gains arising from assets that were purchased after 21st September 1999 are calculated using the 50% discount method3. An asset purchased and sold more than twelve months later is taxed on 50% of the gain while gains on assets held for less than twelve months do not qualify for an increased base of the fifty percent discount. Therefore, an amount of $ 785,000 will be subject to capital gains tax. There should be proper recording of the business transactions regarding the factory premises, commencing the date of acquisition to avoid paying more capital gains tax than necessary. There will be no benefit of small business concessions. A company whose annual income is more than $2 Million is not a small business. On the other hand, if the aggregate turnover for the current year is less $ 2 Million, then the business is a small business4. Capital Gain Tax Implications on PKY Pty Ltd An expense was incurred in acquiring the company, PKY Pty. There should be appropriate recording of transactions and costs associated with the acquisition and running of this company to ensure that capital gains tax is equitable. It is imperative to note any income that will is to be realised from rent is subject to tax. This is because rental income is subject to tax. Secondly, the retail business’ net proceeds will be subject to tax. In case, the aggregate income per year does not exceed $2 Million, then Chloe can benefit from small business concessions because the company will be categorised under small businesses. Capital Gain Tax Implications on Residential House The $800,000 residential house with $400,000 mortgage is not subject to any tax because all residential properties are exempt from taxation. Personal assets such as personal use assets, home and car are exempted from capital gains tax. However, this does not apply to depreciating assets such as business equipment or fittings in rental property that are solely used for taxable purposes. To avoid payment of any tax there should be proper recording regarding the residential house cost. Also, the house should not be rented or be on more than two hectares of land, and must have a dwelling in it4. A dwelling is exempt from capital gain ...Download file to see next pages Read More
Cite this document
  • APA
  • MLA
(“Income taxition law Essay Example | Topics and Well Written Essays - 3000 words”, n.d.)
Income taxition law Essay Example | Topics and Well Written Essays - 3000 words. Retrieved from
(Income Taxition Law Essay Example | Topics and Well Written Essays - 3000 Words)
Income Taxition Law Essay Example | Topics and Well Written Essays - 3000 Words.
“Income Taxition Law Essay Example | Topics and Well Written Essays - 3000 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Income taxition law

Calculation of Income Tax

The calculations for the capital gains tax are shown in the appendix. From the calculations, it may be observed that it is advisable to sell off the business building before 05th April 2008 as you can avail of the indexation allowance and taper relief which are no more available. It may be noted that the indexation and taper relief are the allowanced granted by the government to provide for the increase in the asset value due to inflation (Chris Horne). In case you decide to sell the property after 05th April 2008 you may have to pay a higher CGT of 18,000. However in the case of the personal paintings since they have been acquired only in the year 2005 they do not stand eligible for any allowances and the capital gains will simpl...
6 Pages (1500 words) Case Study

Organization and Functions of Federal Law Enforcement Agencies

Threats may either appear in the form of terrorism or from other intelligence groups or from the espionage. It may arise within the country, against the existing government or social systems. Though most of the federal law enforcement groups are investigative groups, they are not only focused on investigations but stand for the people. One can see that the importance of the federal agencies is growing day by day because the threats from militants and others have considerably increased. Such kinds of federal law enforcement agencies include Federal Air Marshalls, Secret Service, FBI, Untouchables, C.I.A and Federal Corrections etc. The organization and functions of these agencies vary in different fields and can be cited in the fol...
7 Pages (1750 words) Case Study

Company Law Issues

Various sections of the CA are coming into force over a staged process and the relevant provision relating to authority is sections 39 and 40, which came into force on 1 October 2007.

Section 39(1) of the CA provides that “the validity of any act done by a company shall not be called into question on the ground of lack of capacity by reason of anything in the company’s constitution”

Additionally, section 40(1) provides that: “In favor of a person dealing with a company in good faith, the power of the board of directors to bind the company, or authorize others to do so, shall be deemed to be free of any limitation under the company’s constitution”.

Section 40 (2)...
9 Pages (2250 words) Case Study

Contract Law

This expression of willingness can assume several forms, such as a facsimile, letter, electronic mail or a telephonic message. The intention is an objective consideration and in the case of Smith v, Hughes 4 relevant consideration was deemed to be the manner in which a reasonable person would view intention. Furthermore, the law distinguishes between an offer and an invitation to treat. The latter is not an offer but merely an indication of willingness to negotiate a contract.

An instance of this is provided by the case of Gibson v Manchester City Council5. In this case, the phrase may be prepared to sell was held to constitute an invitation to treat and not an offer. Indeed, the Gibson decision challenged the tradition...
6 Pages (1500 words) Case Study

Constitutional and Administrative Law

When examining the decision of previous court comments that are made obiter dicta will not be part of the precedent since often obiter dicta comments are speculative remarks on how the judge might have acted if the facts had been different.

Binding precedents come from earlier case law and, as suggested in the wording, must be followed even if the judge in the present case does not agree with the legal reasoning of the judge in the earlier case. In order for a precedent to be binding the facts of the present case to have to be sufficiently similar to the earlier case. Decisions given in a lower court to the one in which the present case is being heard will not be binding. For a decision to set a precedent it must have b...
8 Pages (2000 words) Assignment

The Law on Physical Punishment of Children Fails to give Sufficient Respect to Childrens Rights

Under the English criminal law, several past and current legislations were made in order to protect the children from corporal punishment or becoming a victim of physical abuse. Despite our effort to prevent parents from using physical force in disciplining their children, the British Government remains unconvinced that the law which protects the children from physical punishment is sufficient (Keating, 2008). Physical punishment such as ‘smacking’, ‘slapping’, ‘kicking’, or ‘spanking’ is referring to the act of causing a degree of pain or discomfort to the child. (Niland, 2009, p. 6) With regard to the legal issues behind child protection against physical abuse, this study aims to d...
6 Pages (1500 words) Coursework

Analysis of Tourism and Hospitality Law Case

 The main issue that needs to be tackled first is whether there is a valid contract between Richard Brat, carrying on trade as Brighton Greens, (buyer) and Molly and Kelly trading in First Grade Granny Smith apples as Holy Farm.

Apparently, there was, when considering their verbal and written mail sent by Richard to Holy Farm on August 1 reading as follows –“Please deliver 20 boxes –Granny Smith ‘Brighton Greens’. Cheque mailed.“

It may be seen that the mail order does not specify the category or grade of apples to be supplied, but one of the implied conditions of sale could be that the goods ordered need to correspond with the goods inspected and tested.

In th...
8 Pages (2000 words) Case Study

International Law: Child Soldiers

Using children to fight wars is not only morally abhorrent but very bad very the physical and mental health of the children in question. That is in part why a series of international laws and treaties have come into effect to try to deal with this scourge. But the issue is more complicated than that. While child soldiers are victims of war crimes, they too can also perpetrate serious breaches of the law of armed conflict. Under normal circumstances, individuals who commit such acts, be they combatants or not,2 would be vulnerable to prosecution. However, because children in such situations are victims as well as perpetrators and because of the special protections afforded to children under international law, many have questioned w...
8 Pages (2000 words) Case Study

The Law and the Media

New and complex issues have arisen which demanded fresh understanding and handling of cases involved them. This has resulted in the enhanced development of specialized laws e.g. cyber laws and interpretation of those laws. The same is true with Media Laws. Media has developed much in the last half-century. As it evolved as a profession and more people started to join it, there arose the levels of money involved in it. With this grew the contractual obligations on the parts of parties and concerned laws e.g. patent laws, privacy laws, and copyrights laws, etc. also started to play their parts. With these issues, the role of law in the media industry also reached a new height.
Mathew Fisher, the appellant, joined a band with Mr...
6 Pages (1500 words) Assignment

Law of Contract

For instance, in Partridge v Crittenden, it was held that an advertisement is tantamount to an invitation to treat (Partridge v Crittenden, 1968). However, there are exceptions, where an advertisement is considered to be an offer. An example is provided by the Carbolic Smoke Ball case. In this case, the defendant’s contention that its newspaper advertisement was not an offer was rejected by the court; as the plaintiff had complied with the terms of the offer (Carlill v Carbolic Smoke Ball Co, 1892).
Thus, the advertisement placed by Adams in the local newspaper is an invitation to treat and not an offer, as per the case law discussed above. It is to be determined, whether Adam had formed legally binding contracts with C...
6 Pages (1500 words) Case Study
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Income taxition law for FREE!

Contact Us