LAW6001 Assessment Brief 3 Case Study
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ASSESSMENT BRIEF | |
Subject Code and Title | LAW 6001 Taxation Law |
Assessment | Assessment 3: Case Study |
Individual/Group | Individual |
Length | 2500 – 3000 words +/_ 10% |
Learning Outcomes | Thiscasestudymustbepresentedasanindividualeffort. The case study requires individual research. The course manual andset textsareintendedtobethestartingpointofthe research. Itis expectedthestudentwillsurveytherelevant literature, including decided cases, and select appropriate additional resources. Thecasestudyisdesignedtoincorporateuncertainty. The studentisexpectedtodevelopapieceofworkwhichis written advicefortheirclient. Itmustthereforeidentifythe factsandissues presentedbyeachaspectofthecasestudy, identifyandapplythe relevantlegislationand/orcaselaw, cometoaconclusionand makearecommendationtothe client. Specific learning outcomes b) Explainethicalandprofessionalresponsibilitiesoftax agents undertheincludingobligationsundertheTaxAgent ServicesAct 2009(TASA)andTaxAgentServicesRegulations 2009 (TASR). c) InterpretandapplyselectedsectionsoftheIncomeTax Assessment Act ITAA36 and ITAA 97. d) Identifyandanalysethetaxtreatmentofvarioustypesof income anddeductions. e) Effectively apply taxation law in determining tax outcomes in various scenarios and structures. |
Submission | By 11:55pm AEST/AEDT Sunday of Week 9 |
Weighting | 20% |
Total Marks | 100 marks |
LAW6001 Assessment Brief 3 Case Study
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Context:
This assessment assesses your research skills, your ability to synthesise an original piece of work to specific
content requirements and your ability to produce a comprehensible piece of advice which addressing the
client’s needs.
It also assesses your written communication skills. The ability to deliver to a brief is an essential skill in the
workplace. Clients may well approach advisors seeking a combination of specific information needs and
advice on the tax implications of a particular arrangement in the Australian tax jurisdiction. It is therefore
important to be able to identify all the issues presented by an arrangement and to think about the
potential consequences of different approaches to addressing the client’s needs.
Instructions:
Your case study needs to identify and discuss the tax implications of the various issues raised. In order to
produce your case study, you will need to review relevant case law and legislation. The subject manual and
set texts are starting points only, you will be expected to use these initial materials to identify potential
useful resources. You will then need to review your selected resources to see if they value add to your
analysis.
Your case study is not just a list of answers. Your reasons for your conclusions and recommendations must
be based on your research into the relevant cases and legislation.
LAW6001 Assessment Brief 3 Case Study
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Question 1 (20 marks)
Yvonne Merrick, the holder of a British passport and a relevant working visa, arrived in Australia from the
UK in January 2009 and started work as an administrator in a Brisbane hospital. On 10 July 2017 she
travelled back to the UK for personal reasons and worked in odd jobs until 1 April 2018 when she returned
to Brisbane and resumed her position at the hospital. While in the UK she continued to maintain the
apartment she had bought in Brisbane and her Australian bank account. She was on “leave without pay”
from her job at the hospital.
During the 2017/18 year Yvonne was paid $25,000 for her work in the UK and $15,000 for her work as an
administrator in Australia. UK tax of $3,000 was deducted from her salary. She was paid a bonus of
$12,000 on 15 February 2018 for her work in 2017. She also received $2,000 interest on the savings in her
Australian bank account and a fully franked dividend of $700 from her share investments in the Australian
company HAL Corporation Ltd. On 1 July 2018 Yvonne left Australia indefinitely to take up a full-time
position as a senior administrator in a UK hospital. In the 2018/19 income year, she was paid a salary of
$70,000 for her work in the UK hospital. Tax amounting to $7,000 was deducted from her UK salary. For
the 2018/19 year Yvonne received interest of $2,400 on her Australian bank account and a fully franked
dividend of $900 on her shares.
Upon leaving Australia, Yvonne sold all of her furniture and leased the apartment she owns for $600 per
week. For the 2018/19 year she received $23,400 rental income.
Required
Advise Yvonne as to her Australian assessable income and tax payable for the 2017/18 and 2018/19 tax
years.
Question 2 (20 marks)
Gordon Haddad is employed by Hardware and Software Technologies Ltd (HSTL) as an information
technology engineer. The company’s head office is in Melbourne City and Gordon’s employment requires
him to travel to regional areas and interstate. Gordon has negotiated a salary package comprising: an
annual salary of $95,000, an entertainment allowance of $7,500, a mobile phone and internet allowance
of $10,000, a living away from home allowance of $12,000, reimbursement of car expenses for use of his
own vehicle (based on kilometers travelled) at $1.20 per kilometer, and a car parking space at the
company’s head office in the city.
Required
Advise Gordon on the tax treatment of each component of the salary package and the items that are
included in Gordon’s assessable income.
Question 3 (20 marks)
Belinda Choy is a doctor previously employed by State Wide Medical (SWM) and currently working in sole
practice. On 25 June 2016, while Belinda was employed by SWM, a bonus was declared for all employees.
Belinda’s bonus was $7,500 which was paid to her bank account on 1 July 2016. For the 2016/17 year of
income Belinda received an annual salary of $75,000 from SWM. She requested that she be paid $50,000
over the course of 2016/17 and the remaining $25,000 in September 2017. On 1 June 2017 Belinda
qualified for long service leave and received a lump sum payment of $18,000. On 1 July 2017 Belinda
resigned from SWM and established her own sole medical practice. Belinda employed a receptionist and a
LAW6001 Assessment Brief 3 Case Study
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nurse. Belinda’s income and expenditure for 2017/18 and 2018/19 were as follows:
2017/18
Cash payments received from patients — $80,000
Unpaid patient accounts and Medicare reimbursements as at 30 June 2018 — $45,000
Medicare reimbursements — $30,000
Salary and wages for receptionist and practice nurse — $65,000
Sundry expenses — $8,500
2018/19
Cash payments received from patients — $120,000
Unpaid patient accounts and Medicare reimbursements as at 30 June 2019 — $34,000
Medicare reimbursements — $48,000
Receipt of unpaid patient accounts and Medicare reimbursements as at 30 June 2018 — $45,000
Salary and wages for receptionist and practice nurse — $72,000
Sundry expenses — $9,800
Required
Advise Belinda Choy on her assessable income for the 2016/17, 2017/18 and 2018/19 income years.
Question 4 (20 marks)
Multimedia Systems Pty Ltd (MSPL) is the manufacturer and supplier/retailer of home media and
entertainment systems. MSPL not only manufactures and sells home media and entertainment systems
but is also available to install the systems in customer’s homes. For the 2017/18 income year MSPL’s
financial position was:
Cash Sales revenue | $260,000 |
Credit Sales – Accounts receivable as at 30 June | $85,000 (included in Sales revenue for 2017/18) |
For the 2018/19 income year MSPL’s financial position was:
Cash Sales revenue | $290,000 |
Credit Sales – Accounts receivable as at 30 June | $95,000 |
During 2018/19, MSPL received instalment payments in advance that amounted to $40,000, although
installations completed by the end of the year totaled $25,000. MSPL is required to provide a one-year
guarantee/warranty. Industry experience has shown that guarantee/warranty claims amount to 5% of
sales revenue.
Required
Calculate the assessable income for MSPL for the 2017/18 and 2018/19 income years.
Question 5 (20 marks)
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Ryan Saunders purchased an apartment from Anna Lowe in April 2010 for use as an investment property.
The property was acquired by Anna off-the-plan in 2002 and was used as her main residence. Anna left for
overseas soon after the sale to Ryan. Ryan rented the apartment to tenants until he sold it in March 2019.
As the relevant information was not available to him, Ryan did not claim deductions for capital works
deductions under ITAA97 Div 43 for the income years in which the property was used to produce
assessable income. Ryan also did not obtain a building cost estimate from a quantity surveyor as he did
not want to incur the expense.
Ryan has become aware that broadly, the CGT provisions require a taxpayer to reduce the cost base or
reduced cost base of a CGT asset to the extent that the taxpayer has deducted or can deduct expenditure
in an income year under Div 43.
Required
Advise Ryan if he is still required to reduce the cost base or reduced cost base of the property in working
out his capital gain or loss, even though he is unable to obtain the relevant information to do so?
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Learning Rubrics
Assessment Attributes |
Fail (Unacceptable) | (Functional) Pass | (Proficient) Credit | (Advanced) Distinction | High Distinction (Exceptional) |
Grade Description (Grading Scheme) |
Evidence of unsatisfactory achievement of one or more of the learning objectives of the course, insufficient understanding of the course content and/or unsatisfactory level of skill development. |
Evidence of satisfactory achievement of course learning objectives, the development of relevant skills to a competent level, and adequate interpretation and critical analysis skills. |
Evidence of a good level of understanding, knowledge and skill development in relation to the content of the course or work of a superior quality on the majority of the learning objectives of the course. Demonstration of a high level of interpretation and critical analysis skills. |
Evidence of a high level of achievement of the learning objectives of the course demonstrated in such areas as interpretation and critical analysis, logical argument, use of methodology and communication skills. |
Evidence of an exceptional level of achievement of learning objectives across the entire content of the course demonstrated in such areas as interpretation and critical analysis, logical argument, creativity, originality, use of methodology and communication skills. |
Knowledge and understanding |
Limited understanding of required concepts and knowledge Key components of the assignment are not addressed. |
Knowledge or understanding of the field or discipline. Resembles a recall or summary of key ideas. Often conflates/confuses assertion of personal opinion with information |
Thorough knowledge or understanding of the field or discipline/s. Supports personal opinion and information substantiated by evidence from the research/course materials. Demonstrates a capacity to explain |
Highly developed understanding of the field or discipline/s. Discriminates between assertion of personal opinion and information substantiated by robust evidence from the |
A sophisticated understanding of the field or discipline/s. Systematically and critically discriminates between assertion of personal opinion and information substantiated by robust evidence from the |
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30% Points for this criteria |
0-2 | substantiated by evidence from the research/course materials. 3-4 |
and apply relevant concepts. 5-6 |
research/course materials and extended reading. Well demonstrated capacity to explain and apply relevant concepts. 7-8 |
research/course materials and extended reading. Mastery of concepts and application to new situations/further learning. 9-10 |
Critical reasoning, presentation and defence of an argument and/or position 30% Points for this criteria |
Specific position (perspective or argument) fails to take into account the complexities of the issue(s) or scope of the assignment. Makes assertions that are not justified. 0-2 |
Specific position (perspective or argument) begins to take into account the issue(s) or scope of the assignment. Justifies any conclusions reached with arguments not merely assertion. 3 -4 |
Specific position (perspective or argument) takes into account the complexities of the issue(s) or scope of the assignment. Others’ points of view are acknowledged. Justifies any conclusions reached with well-formed arguments not merely assertion. 5-6 |
Specific position (perspective or argument) is expertly presented and accurately takes into account the complexities of the issue(s) and scope of the assignment. Justifies any conclusions reached with well-developed arguments. 7-8 |
Specific position (perspective or argument) is presented expertly, authoritatively and imaginatively, accurately taking into account the complexities of the issue(s) and scope of the assignment. Limits of position are acknowledged. Justifies any conclusions reached with sophisticated arguments. 9-10 |
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Point range | |||||
Formation of recommendations based on the identification of the issues and the application of case law principles and relevant legislation identified in the research process. 20% Points for this criteria |
Difficulty in formulating own opinion and a lack of recognition of the various issues. A lack of application of the relevant case law and/or relevant legislation 0-2 |
Difficulty in justifying own opinion. Some recognition and discussion of the various issues. Some application of the relevant case law and/or relevant legislation 3 – 4 |
Own opinion is partly justified with reference to case law and/or relevant legislation. Recognition and discussion of the various issues identified in the question Application of the relevant case law and/or relevant legislation to these issues 5-6 |
Own opinion is justified with reference to case law and/or relevant legislation. Recognition and discussion of the various issues identified in the question plus others identified by the student Application of the relevant case law and/or relevant legislation to these issues 7- 8 |
Sophisticated arguments supporting own opinion is justified with reference to case law and/or relevant legislation. Recognition and discussion of the various issues identified in the question plus others identified by the student and problems identified Application of the relevant case law and/or relevant legislation to these issues 9-10 |
Use of academic and discipline conventions and sources of evidence |
Poorly written with errors in spelling, grammar. Demonstrates inconsistent use of good quality, credible and relevant research sources to support and develop ideas. |
Is written according to academic genre (e.g. with introduction, conclusion or summary) and has accurate spelling, grammar, sentence and paragraph |
Is well-written and adheres to the academic genre (e.g. with introduction, conclusion or summary). Demonstrates |
Is very well written and adheres to the academic genre. Consistently demonstrates expert use of |
Expertly written and adheres to the academic genre. Demonstrates expert use of high quality, credible and relevant research |
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10% Points for this criteria |
There are mistakes in using the APA style. 0-2 |
construction. Demonstrates consistent use of credible and relevant research sources to support and develop ideas, but these are not always explicit or well developed. There are no mistakes in using the APA style. 3-4 |
consistent use of high quality, credible and relevant research sources to support and develop ideas. There are no mistakes in using the APA style. 5-6 |
good quality, credible and relevant research sources to support and develop appropriate arguments and statements. Shows evidence of reading beyond the key reading There are no mistakes in using the APA style. 7-8 |
sources to support and develop arguments and position statements. Shows extensive evidence of reading beyond the key reading There are no mistakes in using the APA Style. 9-10 |
Effective communication 10% Points for this criteria |
The reader has difficulty following the points being made, lack of logical/clear Structure, poor flow of ideas, argument lacks supporting evidence 0-2 |
The arguments and supporting evidence are not always presented in clear and logical manner. Spelling errors and sentence structure makes meaning unclear 3-4 |
Information, arguments and evidence are well presented, relevant and show a clear flow of ideas with logical development 5-6 |
The information, arguments and evidence are very well presented, with clear logical development of ideas which answer the issue as set, with some consideration of related or flow issues 7-8 |
Excellent presentation with clear and logical arguments supported by relevant and varied evidence. The student answers the issue and considers in detail some related or flow issues with possible ramifications. 9-10 |
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