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Fred is an employee of Big Bank Pty Ltd, a national banking specialist. On 1 April 2015, Fred takes out a housing loan with his

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  1. Fred is an employee of Big Bank Pty Ltd, a national banking specialist. On 1 April 2015, Fred takes out a housing loan with his employer for $300,000 at an interest rate of 2% pa. This was a very good rate as he had made enquiries and the rate available at his bank was 6%. The statutory rate for the 2015-16 FBT year is 5.65%. Required: Calculate the FBT payable by Big Bank Pty Ltd in relation to the loan fringe benefit. (10 marks) (b) Registration for GST is considered to be the key principle underlying the operation of the system. Discuss the registration requirements for GST for all entities required to register under the system. (5 marks) Term 2
  2. Calculate the net income tax payable for an Australian resident individual who does not have any private health insurance but who has taxable income for the 2015/16 income year of: (a) $17,000 (5 marks) (b) $120,000 (5 marks) (c) $250,000
  3. Hadrian Trust is a resident discretionary inter-vivos trust carrying on retail trading activities. During the 2014/2015 income year the trust made a loss of $10,000 calculated in accordance with s 95(1) ITAA 1936. Hadrian Trust has performed better in 2015/2016, with income of Hadrian Trust comprising: Profit from the business activities $55,000 Interest on term deposit $5,000 Fully franked dividend (with imputation credit of $3,000) $7,000 During the 2015/2016 income year, tax deductible business expenses of $9,000 were incurred. The trustee has exercised discretion to make the following payments to beneficiaries who all have a vested interest in the income of the trust: Jillian, aged 68, who suffers dementia and is unable to give discharge to a legal contract 25% of trust net income Dimitri, aged 63 25% of trust net income Viktor, aged 22 10% of trust net income Yvette, aged 12 15% of trust net income which is to be accumulated indefeasibly and paid at age 21. In the event of her death Yvette's share will be paid to her estate. Any remaining income is to be retained in the trust for re-investment purposes. Required: (a) Calculate the s 95(1) trust net income for 2015/2016. (5 marks) (b) Explain how the trust net income will be assessed in the 2015/2016 income year, making reference to whether assessment will be to the trustee and/or beneficiaries. (10 marks) You should make reference to appropriate provisions of the ITAA36.
image text in transcribed Examination Cover Page Examination Period: Academic Institution: Academic Group: Academic Career: Examination Type: AFFIX STUDENT ID STICKER HERE 2016 Term 2 Central Queensland University Higher Education Division Postgraduate Standard I have read and understood the penalties involved if I do not abide by the rules outlined on the back of this examination paper. Student Signature: Student ID Number Course: Subject Area: Catalog Number: Paper Number: Component: Taxation Law of Australia LAWS 20060 1 ALL Components Duration: Perusal Time: First Contact: Second Contact: 180 minutes 15 minutes Jennifer Butler - butlerj Judy Hui Restrictions: Open Book Contact Number: Contact Number: 07 4923 2142 03 9616 0517 Office Use: Release examination paper via the CQ University Past Exams website two weeks after the DE/SE examination period? Yes Instructor Authorised/Allowed Materials Dictionary - non-electronic, concise, direct translation only (dictionary must not contain any notes or comments). Law dictionaries, Business and Law dictionaries (discipline specific dictionaries) are authorised. Calculator - all non-communicable calculators, including scientific, programmable and graphics calculators are authorised. Student Calculator - Make:____________________ / Model: ____________________ Special Instructions to Students: Please see instruction sheet on first page of the examination paper. Examination Office Supplied Materials 1 x Rough Paper 1 x Exam Answer Booklet QUESTIONS ANSWERED MARKS QUESTIONS ANSWERED MARKS Number of examination answer booklets used: Number of separate sheets attached (Do not include rough paper): This examination paper is not to be released to the student at the conclusion of the examination. Central Queensland University considers improper conduct in examinations to be a serious offence. Penalties for cheating are exclusion from the University and cancellation with academic penalty from the course concerned. Term 2 Standard Examination 2016 Taxation Law of Australia LAWS20060 Instructions Sheet 1. Write all answers in the Examination Answer Booklet provided. 2. Students must answer four of the five questions. These are of equal value - fifteen marks each. If more than four questions are answered, only the first four will be marked. 3. Write your answer clearly, use numbered headings or subheadings to show which part of your answer refers to which question. Example: Part A - Question 2 (a). Page 1 of 4 Term 2 Standard Examination 2016 Taxation Law of Australia LAWS20060 COMPULSORY QUESTIONS Answer four of the following five questions. Each question is worth 15 marks (4 x 15 = 60 marks). Question 1 (a) 15 Marks Money Bags Ltd derives $200,000 net trading income from Australian sources during the current tax year. The company also earns the following: $63,000 - Franked dividend from public companies with an imputation credit of $27,000. $60,000 - Unfranked dividend from resident private companies. $30,000 - Interest income. Required: Calculate the net tax payable of Money Bags Ltd for the year ended 30 June 2016. Assume Money Bags Ltd is not a small business entity. (10 marks) (b) Briefly discuss the key elements of Part IVA Income Tax Assessment Act 1936. (5 marks) Question 2 (a) 15 Marks Fred is an employee of Big Bank Pty Ltd, a national banking specialist. On 1 April 2015, Fred takes out a housing loan with his employer for $300,000 at an interest rate of 2% pa. This was a very good rate as he had made enquiries and the rate available at his bank was 6%. The statutory rate for the 2015-16 FBT year is 5.65%. Required: Calculate the FBT payable by Big Bank Pty Ltd in relation to the loan fringe benefit. (10 marks) (b) Registration for GST is considered to be the key principle underlying the operation of the system. Discuss the registration requirements for GST for all entities required to register under the system. (5 marks) Page 2 of 4 Term 2 Standard Examination 2016 Taxation Law of Australia LAWS20060 Question 3 15 Marks Calculate the net income tax payable for an Australian resident individual who does not have any private health insurance but who has taxable income for the 2015/16 income year of: (a) (b) (c) $17,000 $120,000 $250,000 (5 marks) (5 marks) (5 marks) Question 4 15 Marks Hadrian Trust is a resident discretionary inter-vivos trust carrying on retail trading activities. During the 2014/2015 income year the trust made a loss of $10,000 calculated in accordance with s 95(1) ITAA 1936. Hadrian Trust has performed better in 2015/2016, with income of Hadrian Trust comprising: Profit from the business activities $55,000 Interest on term deposit $5,000 Fully franked dividend (with imputation credit of $3,000) $7,000 During the 2015/2016 income year, tax deductible business expenses of $9,000 were incurred. The trustee has exercised discretion to make the following payments to beneficiaries who all have a vested interest in the income of the trust: Jillian, aged 68, who suffers dementia and is unable to give discharge to a legal contract Dimitri, aged 63 Viktor, aged 22 Yvette, aged 12 25% of trust net income 25% of trust net income 10% of trust net income 15% of trust net income which is to be accumulated indefeasibly and paid at age 21. In the event of her death Yvette's share will be paid to her estate. Any remaining income is to be retained in the trust for re-investment purposes. Question 4 continued over next page Page 3 of 4 Term 2 Standard Examination 2016 Taxation Law of Australia LAWS20060 Question 4 (continued) Required: (a) Calculate the s 95(1) trust net income for 2015/2016. (5 marks) (b) Explain how the trust net income will be assessed in the 2015/2016 income year, making reference to whether assessment will be to the trustee and/or beneficiaries. (10 marks) You should make reference to appropriate provisions of the ITAA36. Question 5 15 Marks (a) If a husband and wife own many investments jointly are they in a partnership even though they are not conducting a business but instead are acting as passive investors? Are they required to lodge a partnership tax return? (10 marks) (b) Explain how the net income of a partnership is calculated under s90 ITAA36. (5 marks) - End of paper - Page 4 of 4

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