Question
Ying is an elite athlete, having represented Australia in gymnastics at the last two Olympics. Ying wants to commence a business importing gym equipment from
Ying is an elite athlete, having represented Australia in gymnastics at the last two Olympics.
Ying wants to commence a business importing gym equipment from overseas.
First, she
had to negotiate with the manufacturers to obtain stock for her business.
In May 2018, she
paid Hank, an import/export agent located in the US, a fee of $80,000 to help her negotiate
agreements with manufacturers located in the US.
The fee was 30% higher than the
standard fee payable for the type of work Hank did in the US.
Hank is her brother.
Ying then entered into an agreement with FitnessMe, a manufacturer located in New York, to
be the Australian distributor of the FitnessMe brand of gym equipment, in return for a
payment of $1.2m.
On 30 June 2018, she signed the contract with FitnessMe.
The payment
was made on 5 July 2018.
Ying made her first sales of gym equipment in mid-August 2018.
Required
:
Using relevant legislation and case law, explain to Ying whether the above outgoings are
deductible under section 8-1 of the ITAA 1997, and in what income yea
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