Question
Part 1 - Discuss whether any of the following items constitute income, including appropriate reference to statutory and common law (9 marks) a) John received
Part 1 - Discuss whether any of the following items constitute income, including
appropriate reference to statutory and common law (9 marks)
a) John received rent as an investor from an investment property (2 marks)
b) Manali received gambling winnings as a regular punter (3 marks)
c) Meenuka received a tip as a waitress (2 marks)
d) Carlo was paid a payment made by a television station as a professional footballer
for being named the best and fairest in the Australian Football League (2 marks).
Part 2 In the following corporate dividend scenarios, identify the taxation issue,
quantify it, and state whether corrective actions must be taken, referring to
appropriate tax legislation. (6 marks)
a) On 1 July 2019, the directors of a small company, Jumbo Pty Ltd paid their
shareholders a dividend of $300,000 fully franked dividends. Unfortunately, it was not
a good year and on 1 June 2020, the directors only gave a dividend to shareholders of
$150,000 and unfortunately, could only give a 50% franked dividend. (2 marks)
b) On 30 June 2020, directors review the franking account balance of Juicy Ltd which
was $200,000. But it had been a very good financial year and given they had not paid
a dividend since October 2019, the directors declared a fully franked dividend of
$700,000.
(2 marks)
c) The directors of Jimminy Ltd are a little unsure what they should do in regard to
their final dividend. They declared a dividend in November for shares that were
partially franked to 50% and were hoping to do the same for shareholders again. They
want to give a dividend of $1million, but are unsure if the franking account balance
with a franking credit of $350,000 can sustain the fully franked dividend and whether
this would breach the benchmark rule?
(2 marks)
(9 + 6 = 15 Marks)
In your responses, ensure you state the appropriate legislation, tax rulings or common
law cases to support your answer and your calculations.
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