Discuss about the Business Income and Capital Gains.
Income tax act of any country plays an important role in revenue collection. It is leviable only on the income earned by individual taxpayers in the form of their personal earnings, business income and capital gains. In Australia, the slab rate of income received by individuals is in between 0% to 45%. Moreover, the revenue generated by the companies while income derived was under 30% tax.
It was identified from the case, that Hilary was a trekker. The woman never wrote her story prior to that. For evaluating such case, the case will be described in consideration to the description of the matter of “Brent vs FCT 1971” which is identical to the similar case. Biggs wife went for a newspaper interview and provided some photographs to them that made her earn some money. The major concern was to evaluate whether the payment offered to her within agreement will be considered as income or not. It can be deemed that payment made to her must be considered as an income for the reason that she retendered a company’s services. “Income tax act within sec 36 (a)” certain work completed by individual or services for an entity might be considered as that person’s income. Despite the fact that services were completed turn out to e an aspect of business.
Considering the agreement clauses, selling of right to publish was agreed in her biography. However, the story might appear to be manuscript that was agreed by appellant considered in several distinct clauses such as 3, 1, 8 clauses and so on of the agreement. The stories, which were published in the newspaper about her life, were not written by her moreover, she did not dictate each word of the story. The journalists Held responsible for preparing notes constructed her story. The woman just offered the ideas of the story. The act’s clause 6 needed the woman to make accessible all documents and pictures that she has along with her that is associated with the deed’s subject matter.
On the other hand, clause 8 of the agreement had the appellant’s undertaking that she cannot discuss the matter with other people to the agreement’s subject matter; moreover, she is not allowed to attain any newspaper conferences on several subjects within sixty days of manuscript signing. The apparent earned the amount payable under the conduct by availing interview time. It was deemed that information that she provided to media served as her possessed asset. At the time she revealed such information to the journalists it does not remain a secret for her, hence, her assets was no longer available to her and the money, which she received from the company in lieu of her services, was of capital nature and cannot be termed as an income under the Income Tax Act.
“Under section 17 of such Act”, tax on income can be charged only on income taxable that is generated over the year by an individual. Such act does not consider defining the term “derived”. Based on this act a company’s payment to her for services happens to be her income.
It is evident from the case that, the individual lent an amount of 40,000 dollars to his family for housing loan payment. Based on agreement, family is entitled to return 50,000 dollars within five years. For evaluating this scenario, it is vital to focus on facts from the “Riches v Westnister Bank, 1947” case. Based on law of Australia, tax holding is provided with 10% rate based on “Part 3, 11A Division of Assessment Act of Income Tax, 1936”. It is vital to realize the interest importance prior drawing conclusion. The general interest aspect is that it can be deemed as payment that remains due for the reason that the consumer do not have at amount at the due date time.
It can be considered as profit that he might face if he is bound to utilize the amount or the loss that he experienced, as they had not employed that amount. The general consideration can be entitled to depreciation compensation. The assessable income aspect encompasses the following:
Within such circumstances, income gathered by individual from his family is deemed an income aspect and deemed as income taxable. Concerning the act, property income despite individual excretion income should be treated as individual income. “Riches v Westminister Bank Ltd” case decided interest is compensating to an owner for the lost opportunity to use an asset. In such scenario, the court indicated that an individual was liable to avail a deduction about borrowing money. The case study indicated that, the son considered interest payment and related amount within decided time of two years. Considering such scenario, it is gathered that within his books, the individual has maintained 5% interest rate and eliminated his dues totally through a cheque. Based on law, different entries should be prepared so that calculation of income is possible reliably and easily. Such transaction might influence the parents’ obtainable income, the amount that they will attain from their son should be depicted separately, and proper money on interest should be indicated. The individual charged 20% interest from his son for overall five years. However, hi son cleared all due within two years period and important changes are to be done by the two parties.
Before discussing the given case, it is necessary to explain tax on capital gain. In accordance to the law of Australia, tax on capital might be calculated based on difference between asset cost and related amount that an individual gains at the time of disposing them. This is deemed to be an aspect of “Income Tax Act”. In the occasion of loss of capital, an individual might not be able to claim the desired amount and can utilize such amount for decreasing its capital gain within the fiscal year. If loss on capital increases considerably, then such amount can be forwarded to the upcoming years. A company’s assets include residential buildings, motor card employed private use and similar products might be CGT exempted. In consideration to law of Australia, CGT is deemed to be applicable just on global Australian residents. There exists three distinct ways for capital gain calculation mentioned under:
Method of Discount: It is applicable on those properties only which were held by an assessee for more than a period of 1 year. The benefit of using this method is to reduce the capital gain of an individual by two ways:
The method of calculating is to deduct cost base and capital loss from capital proceeds than deduct the applied discount percentage.
Indexation method: It is applicable for those assets, which was held or acquired by an individual before 21 September 1999 for a period of more than 1 year. The benefit of applying this method is to increase the amount of cost base of an individual hrough implementation of factor of indexation, which is relied on index of customer prices. To calculate the income based on a method an individual should employ indexation aspects those are useful and deduct the “indexed cost base”.
Other Techniques: It is applicable for those assets, which were held by an individual for a period, which is less than 1 year and before the CGT event. The method of calculating income based on this method is by deducting the cost base from capital proceeds of an individual. There are few income categories those remain exempted in such category and are mentioned below:
Considering this case study of Scott, it was gathered that the person acquitted land in the year 1980 and created a building on it on the year 1986. Overall land’s value is calculated by adding dollar 90,000 with dollar 60,000, i.e., dollar 1,50,000. The property then was employed for renting purposes to the owner. The person sold property for 8,00,000 dollars in an auction. Scott attained dollar 6,50,000 for attaining gain on capital. This indicates he is not liable to claim exemption on CGT for the property was employed in renting. For this reason, the entire amount is chargeable under capital gains heading. In situation where Scott sold such property to his family member then considering the act h can attain exceptions on the gift tax basis. Entire amount is liable to get income exemptions.
In a situation where the property owner was the organization that is linked with renting and hiring business then the entire gained amount might be set off with the business value under business profit and gain head. In such circumstances, the individual cannot gain any exemption under gain on capital head.
Conclusion:
To conclude it can be said that the Australian system of Tax was one of the most complex system of collecting revenue in the world. It contains near about 125 taxes, which includes commonwealth taxes. Different organizations have been set up to ensure the integrity of taxation system of the country.
References:
Burkhauser, R.V., Hahn, M.H. and Wilkins, R., 2015. Measuring top incomes using tax record data: A cautionary tale from Australia. The Journal of Economic Inequality, 13(2), pp.181-205.
Faccio, M. and Xu, J., 2015. Taxes and capital structure. Journal of Financial and Quantitative Analysis, 50(03), pp.277-300.
Gale, W.G. and Samwick, A.A., 2014. Effects of income tax changes on economic growth. Available at SSRN 2494468.
Harding, M., 2013. Taxation of Dividend, Interest, and Capital Gain Income.
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