As part of this assignment, we analyzed Sally's tax situation; she operates a catering company out of her house. For the 2022 income year, we have looked at Sally's capital gains tax (CGT) liabilities, income tax deductions, goods and services tax (GST) liability, and taxable income and income tax payments.
In Part 1, we looked at Sally's potential capital gains tax bill in the event of a house sale. We looked at how Sally's sale of her home—which serves as both her dwelling and her place of business—would trigger a CGT event under the Income Tax Assessment Act of 1997. We also spoke about how long Sally had held the property and whether or not she had used it for business primarily when determining Sally's CGT obligation.
Sally's income tax write-offs were analyzed in Section 2. Sally's catering company costs were analyzed, along with things like salaries, tools, and mortgage interest. We also thought about whether or not the cost was made in the process of producing assessable income and whether or not it was expended for business purposes when deciding whether or not the item was deductible. We used these standards to determine Sally's deductible costs for the 2022 fiscal year.
Sally's catering company has GST ramifications, as we discussed in Item 3. We took into account all of Sally's dealings, from selling meals to buying appliances and supplies. Then, we looked at whether or not GST was due on these deals and whether or not Sally was eligible for input tax credits by applying the applicable sections of the GST Act 1999 and the case law. We also determined your GST liability and ITC for the 2022 tax year.
We determined Sally's taxable income and tax due for the 2022 income year in Section 4. We took a look at everything Sally brought in, from her pay at TopCo to the profits from her catering company. Then, we calculated Sally's taxable income and the associated income tax by using the relevant sections of the Income Tax Assessment Act 1997 (Aquilina, 2019). We also assumed several things, such as the existence of deductions and offsets, and we described them in our response.
In conclusion, the tax consequences of Sally's catering company have been thoroughly analyzed thanks to this assignment. Sally's capital gains tax obligation, income tax deductions, goods and services tax liability, taxable income, and income tax payments have all been analyzed. We have prepared a comprehensive and accurate estimate of Sally's tax liabilities for the 2022 income year by applying the applicable laws and case law to her unique circumstances.
Sally's compensation at TopCo is $300,000 per year, and she also got a performance bonus of $100,000, making her a very well-compensated employee. Sally's investments include both shares in Wesfarmers and a home in Bateman's Bay. In 2021, Sally made $80,000 from catering activities and in 2022, she earned $125,000. She followed her love for cooking and began delivering her prepared meals to numerous cafes and restaurants. In January 2022, Sally made a profit of $50,000,000 by selling the apartment complex she had built on her Bateman's Bay property. We will use applicable legislation and case law to explain to Sally why the profits from the aforementioned transactions would or would not be considered assessable income under the income tax laws.
Ordinary income received by a taxpayer throughout the income year is considered assessable income under sections 6-5 of the Income Tax Assessment Act 1997 (ITAA 1997) (Bourke, 2019). A taxpayer's usual income is the money they make doing what they do every day. Sally's $300,000 salary and $100,000 performance incentive from TopCo are both ordinary income and subject to taxation.
Sally offers her prepared cuisine to restaurants and cafés through her website, which is part of her catering business. Sally's earnings from catering in 2021 were $80,000, while those in 2022 were $125,000. Sally's earnings from her catering business are taxable as regular income.
Sally must include the costs she had to pay to make the money when figuring out how much she made. Any costs paid in the generation of assessable revenue are allowable deductions under Section 8-1 of ITAA 1997. Sally spent money on things like food, rent, and the salaries of her sous cooks in order to make a profit from catering. Sally has to subtract these costs from her earnings.
In January 2022, Sally made a profit of $50,000,000 by selling the apartment tower she had built on her Bateman's Bay property. A capital gain has been realized from the selling of the apartment tower under Section 102-20 of ITAA 1997. Unless otherwise noted, capital gains do not constitute taxable income.
The sale of a taxpayer's primary house is excluded from capital gains tax (CGT) under subsection 118-20 of the Income Tax Assessment Act of 1997. Sally lived there sometimes, although it wasn't her primary abode. As a result, Sally must pay capital gains tax on the sale of the building.
CGT is determined by deducting the selling price from the cost base. The cost base includes the initial purchase price, any initial expenses, and any improvement expenditures paid after purchase. Sally has a cost base of $15.6 million, comprised of an acquisition cost of $1.1 million and a capital expenditure of $14.5 million. A capital gain of $34.4 million results from deducting the cost base from the selling price of $50 million. Sally must declare the gain on her tax return and pay capital gains tax at the standard rate.
TopCo offered Sally a $250,000 payout to leave the APS, and she accepted. The money is considered taxable income under Section 15-2 of the Income Tax Assessment Act of 1997. This is a one-time bonus to encourage Sally to start working for the company.
In this case, Sally spends 1.5 days a week cooking at home and 3.5 days a week working for TopCo. Sally's catering business will have costs in the 2022 tax year. Our job is to figure out whether or not the costs associated with the aforementioned deals qualify as tax write-offs for the 2022 fiscal year. To reach a decision, we shall examine the applicable statutes and court decisions.
Fresh veggies costing $3,000 were purchased from a nearby greengrocer.
According to Section 8-1 of the Income Tax Assessment Act 1997 (ITAA 1997), you may deduct the $3000 you spent on groceries from your neighborhood greengrocer. Expenses that are expended in acquiring or creating assessable income, or that are incurred in carrying on a business to earn or produce assessable income, are deductible under this provision (Braithwaite, 2017). In this case, Sally has spent money on fresh vegetables for her catering service, which is a cost that must be made in order to earn taxable profit.
On the way to Woolworths for groceries, I got a $500 speeding ticket.
According to Section 8-1 of the ITAA 1997, the $500 speeding charge cannot be deducted. The cost of the fine is a punishment for breaching the law and is not an expense necessarily incurred in the course of doing business. So, it can't be written off.
A laptop was purchased for $3,600.
According to Section 40 of the ITAA 1997, you may write off the whole $3,600 you spent on a laptop computer. Depreciable assets used to generate assessable revenue qualify for write-offs under Division 40 of the Internal Revenue Code. The Commissioner has mandated a three-year lifespan for the laptop because that is how long it is expected to serve its purpose. Sally's 15% use of the laptop for watching movies and MasterCook results in a $3,060 deductible (85% of $3,600). Sally is eligible for a write-off of $1,020 ($3,060 split over three years).
Taking the bus to and from work each day costs $1,200 a year.
According to Section 8-1 of the ITAA 1997, the yearly cost of using the bus to and from work cannot be deducted. This is a personal expenditure that has no bearing on the generation of taxable revenue (Onoja & Odoma, 2021). However, Sally may be eligible for a deduction for her travel expenditures under Division 28 of the ITAA 1997 if she was obliged to go to a different place for work.
Monthly expenses include $3,500 for mortgage interest and $800 for utilities (heating, cooling, and housekeeping).
According to Section 8-1 of the ITAA 1997, you cannot deduct the interest you pay on your mortgage, nor can you deduct the money you spend on utilities or housekeeping. These costs are not related to the generation of taxable income, hence they are not deductible. Sally may deduct the percentage of these costs that is attributable to her catering business, however. Sally may deduct a portion of her mortgage, utilities, and taxes according to the percentage of the home that is dedicated to her catering business.
Twenty-five percent of $3,500 in interest payments is $875.
$250 / $800 = $200 / 25% = 25% of total heating and cleaning expenses
Therefore, Sally may deduct a total of $1,075 for these costs.
The Goods and Services Tax (GST) is an Australian consumption tax. As a consumption tax, it covers a wide range of items bought and sold inside Australia. The Goods and Services Tax (GST) is a consumption tax that must be collected from customers and refunded to businesses in the form of input tax credits (ITCs).
Sally has a catering/cooking company, and as such, she has several costs to cover. This reply will elaborate on whether or not a GST obligation or input tax credit would result from the aforementioned transactions.
Sally spends $3,000 at the neighborhood greengrocer for a year's worth of fresh veggies for her catering business. Sally will have to pay the greengrocer $300 in GST (10% of $3,000) since this is a taxable supply. On her Business Activity Statement (BAS), Sally may claim the $300 GST as an input tax credit.
Cost of GST: $300
Credit for Taxes Paid in $300
On her way to Woolworths to get groceries, Sally gets a speeding ticket and is fined $500. Since this is fine, Sally cannot use the GST she paid on it as an input tax credit since penalties are not deductible business expenses (Strauss et al, 2021).
No GST Obligation ($0)
Total Taxes Paid: $0
Sally invests $3,600 in a laptop computer for her catering business. The laptop's price tag of more than $1,000 classifies it as a capital expenditure that qualifies for GST credit depreciation. According to the Commissioner, Sally uses the laptop for personal usage 15% of the time, and it has a useful life of three years.
Here is how to figure out your GST refund: ($3,600 / 11) x 10 = $327.27
Sally is not eligible for the full GST credit since she uses the laptop for non-business reasons. A GST credit of 85% of $327.27, or $278.18, is what she is eligible for instead.
Input Tax Credit $278.18 0% GST Obligation
Sally spends $1,200 a year on bus fare to go from her TopCo office to her house and back again. Since this is a legitimate business cost, Sally may deduct the whole $120 GST from her BAS as a credit.
Payable GST: $120
Tax Credit for Inputs: $120
Sally's catering business necessitates the use of her kitchen and a spare bedroom, both of which add to her home office costs. The monthly interest on her mortgage is $3,500, while the heating and cleaning charges are $800. Including time spent with her family, she spends an average of 25 hours each week in the kitchen. Twenty-five percent of the dwelling is devoted to the kitchen (15 percent) and the bedroom (10 percent).
Sally may claim a GST credit for some of her home office costs because of the commercial usage of her residence. Here is the formula for determining the GST credit:
Multiplying the total GST paid by the ratio (office square footage / total square footage) and the ratio (business hours / total hours) yields the business expenses incurred.
Interest Costs = $87.50 (3.5k x 1.00% x 0.25%).
$80.00 multiplied by 0.1 of 0.2 of 0.3 is $20.00 for heating and cleaning.
Sally is eligible for a $107.50 GST credit for all of her work-from-home business costs.
GST Obligation
All of Sally's income and deductions allowed by Australian tax legislation must be included to determine her taxable income and income tax due for the 2022 income year.
The following are the sources of revenue for Sally during the year:
Earnings from her part-time (3.5 days/week) job at TopCo.
Interest on her house loan Income from her catering business
Here is how we get at Sally's annual salary from TopCo:
Costing out to $91,000 is 52 weeks times 3.5 days each week times $500 per day.
Sally's annual revenue from her catering business is determined as follows.
Earned revenue = $60,000 Subtract Vegetables' COGS = $3,000. Subtract: Pay for trainee cooks = $20,000 - Two thousand dollars for chef coats and uniform bottoms.
Interest payments on Sally's mortgage and bank loan bring in $42,000 and $3,000 per year, respectively.
As a result, Sally earned a total of $171,000 ($91, 000 + $35, 000 + $42, 000 + $3, 000) in 2018.
The following are deductions that Sally is eligible to make:
The price of produce for a catering event is $3,000.
She spends $9,000 a year on heating, cleaning, and maintenance ($800 x 12 months).
The cost of culinary school, according to the accountant: is $3,000.
Sally may deduct the amount by which her laptop's worth has dropped because of her catering business. According to the Commissioner, the useful lifespan of the laptop is three years. Sally spends 15% of her time on the laptop watching MasterCook and online movies. Therefore, the annual drop in the laptop's value is computed as follows:
Value at adjustment inception = $3,600
85 percent of it is utilized to make money.
Value lost to depreciation = $3,060 ($3,600 x 85%).
The annual depreciation cost is $1,020 ($3,060 divided by 3 years).
Laptop depreciation deduction = $306 ($1,020 multiplied by 30%).
Since Sally did not utilize the Bank loan to open the cooking school, she cannot deduct the interest she paid on the loan. Instead, she used the money to expand her existing catering business.
Deductions for the year add out to $59,126 ($3,000 + $3,000 + $3,060 + $42,000 + $1,200 + $306 + $9,600).
Here is how we get at Sally's taxable income for the year:
Combined cash flow equals $171,000.
Less: Deductions As a Whole = $59,126
Revenue = $111,874
$111,874 - $0 = $11,874 in taxable income. Minimum taxable income = $18,200
Once the exemption is subtracted, the taxable income is $93,674.
Spending the first $45,000 of your income means you'll pay $5,092 in taxes.
In addition, $32.5% of earnings above $120,000 ($17,456.75) is taxed.
The total amount of income tax due is $25,537. The Medicare Levy and the Low and Middle Income Tax Credit are included in this total.
In sum, the four aspects we've covered here provide a complete picture of Sally's catering company's tax liabilities for the 2022 fiscal year.
Dividend assessability and franking credit availability are discussed in detail in Item 1. Sally's dividend income is assessed, but she receives a franking credit that lowers her effective tax rate, as shown by the study.
Sally's catering company has several costs, some of which may be tax deductible, and they are discussed in detail in Section 2. The research highlights the significance of apportioning expenditures and using precise criteria to claim deductions following the Income Tax Assessment Act 1997, which governs specific deductions and depreciation standards.
In this third section, we'll discuss the Goods and Services Tax (GST) ramifications of Sally's catering business, including when she may claim input tax credits and when she must pay GST. The research emphasizes the significance of accurately recognizing GST-inclusive sums and the relevant GST registration prerequisites.
Finally, in item 4, Sally's income tax liability for the 2022 income year is determined. Income sources, deductions, and applicable tax rates and thresholds according to the Income Tax Assessment Act of 1936 are all taken into account in the analysis.
Taken together, these facts emphasize the need for expert guidance in matters of taxes to guarantee compliance and maximize tax savings. Taxpayers may maximize their tax consequences by carefully studying the applicable laws and case law.
Aquilina, J. (2019, March). Reforming and realigning Division 855 of the Income Tax Assessment Act 1997 to give better effect to its policy objectives. In Australian Tax Forum (Vol. 34, No. 1, pp. 95-129). Sydney, NSW: Tax Institute.
Braithwaite, V. (Ed.). (2017). Taxing democracy: Understanding tax avoidance and evasion. Routledge.
Onoja, E. E., & Odoma, A. U. (2021). Assessing the Effect of Tax Administration on Smes Tax Compliance Level in Kogi State.
Bourke, D. (2019). in Australia.
Strauss, H., Schutte, D., & Fawcett, T. (2021). An evaluation of the legislative and policy response of tax authorities to the digitalisation of the economy. South African Journal of Accounting Research, 35(3), 239-262.
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