Business School

BULAW 3731
INCOME TAXATION LAW & PRACTICE
ESSAY/ASSIGNMENT


INSTRUCTIONS
1. See the Instructions and Assessment Criteria in the Course Description and make sure you follow them!

2. Please answer all parts of the question

3. Attached to this document is a Checklist to be filled in by you and attached to your essay/assignment. Read this now before you start your research. If you have followed this checklist, there is a good chance you will do well.

4. All work presented for assessment in this Unit must comply with the
format outlined in the University's Presentation of Academic Work
publication, available from the bookshop or on-line at
www.ballarat.edu.au/generalguide.

5. All assignments must be accompanied by a signed official cover sheet ('Plagiarism Declaration Form'), available at www.ballarat.edu.au/ard/business/student_info_webct.shtml and lodged as appropriate for your campus.

6. You MUST reference in the body of the essay every time you use information from other people. This requires you to keep a track of where you are taking information from and then writing the reference up. You should use the Harvard/APA style; and use the University’s new Presentation of Academic Work. The Library’s website also has a citation style guide site. If you plagiarise (intentionally OR unintentionally) you will be given zero: see Regulation 6.1.1 for more details.

7. Assignments must be 1,500 to 2,000 words. You will probably write more initially but you should then look to see if you are making your points directly and clearly.

8. LAST DUE DATE: [Insert date due] If you need an extension you must ask for one BEFORE the due date (unless this is impossible), and you will goods grounds.

9. The essay/assignment is worth 25% (ie 25 marks).



Assignment

John Jones runs a small practice providing accounting and taxation services to local businesses. During 2009/10 he billed fees of $35,000 of which $30,000 has been received. An amount of $3,000 was also received from outstanding accounts from the 2008/09 year. One of his clients is Travelco, a local motel. In March 2010 Travelco provided Jones and his wife with free return air tickets to Bali. Equivalent fares would cost $2,000.

Jones is also employed in a part time capacity as lecturer in accounting at Central University. His annual salary is $42,000pa. Jones has arranged with his employer for his salary to be paid on the 15th day of every month into his savings account with the State Bank Ltd. Jones uses the savings account to meet household expenditure. Jones also has a home mortgage loan with the State Bank. Under a separate agreement with the bank Jones has arranged for a balance of $5,000 to be maintained in the savings account and any balance to be transferred to his mortgage. He has also arranged for any interest on the savings account to be offset against the mortgage interest. For the year ended 30 June 2010 $300 was offset.

Jones’s wife Joan is an IT expert. For several years John and Joan had been developing software for an accounting package for use by small businesses. The system, ‘J-Accounts’, has been licensed and is used by 175 local businesses at a cost of $100 per year. A national software developer ‘Cashbooks’ has agreed to pay the Joneses $25,000 in return for the exclusive rights to use the program for five years after which time a new agreement for a further five years may be signed.

Jones has an interest in history, particularly commercial history. In 2005 he purchased 500 old share certificates from an acquaintance who practised in the area of insolvency and liquidation. The total cost was $500. The certificates related to old companies that had been liquidated during the 1930s depression. They were very elaborate and ornate and Jones thought that framed they could be marketable as a decorative feature to hang in the offices of accountants and solicitors. In February 2010 he happened to mention the matter to Herman, a local decorator and picture framer. Herman suggested that if properly framed, numbered, and if an inscription was added, they could sell for $1000 each. The cost would be $100 per certificate. Herman agreed to sell the items on a commission basis of 10%.

A local television station runs a quiz show called ‘Who Wants to be Rich?’ Contestants are selected randomly from the local telephone directory. Jones was lucky enough to be selected and he appeared on the show for five nights, answering every question and becoming ‘Grand Champion’. He won $200,000 and a car valued at $30,000.


Required:

Advise John Jones what amounts would be included in his assessable income. Your answer should include a discussion of the following:

• Whether he return on a cash or accrual basis.
• Whether particular amounts are ordinary income or statutory income (including capital).
• Under what sections of the Acts the particular amounts are assessable.
• How the quiz show winnings are to be treated.
• What are the tax consequences of the share certificate proposal.
• What case law is relevant to the issues raised.





























University of Ballarat – Business School

CHECKLIST TO BE ATTACHED TO ESSAY/ASSIGMENT IN BULAW 3731

Name: ……………………………………………………………..
Student No. ………………………………..

Please check that you have done the following. Tick the boxes to show you have!

? Submitted an assignment that is your own work. (You may discuss the issues with others but you cannot copy another’s work, give your work to someone else to copy, or work closely with another student on how to structure or answer the questions.)

? The assignment is between 1500 and 2000 words long (excluding abstract, references, bibliography).

? Read and tried to address the criteria in the Unit Description.

? Read and addressed the issues raised in the University’s Presentation of Academic Work

? Read Regulation 6.1.1, Plagiarism and asked questions if you are unsure about what it means.

? Referenced direct quotes (use quotation marks or indent) AND summarising from another person’s work in the body of the essay. (This includes internet sources).

? Indicated what referencing style you have chosen Harvard/APA and USED IT.

? Answered all parts to the question.

? Proof read the assignment for spelling, punctuation and grammar errors.

? Where required, used relevant sections of legislation, legal rules/principles

? Where required, used cases to support your points or arguments. These cases can be obtained from textbooks, or the CCH online libraries, articles found via AGIS PLUS TEXT database etc.

? Put case citations in the body of the work as well as listing the case in the List of References.

? Discussed the issues as required and put arguments and gave your view.

? Used a range of resources.

? Included a title page with your name, student number, unit code and name, lecturer’s name

? Have a margin so comments can be added; put page numbers and your name and student number on each page.



Signed by student: