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Taxation Law Case Study

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Submitted By minjuanzi
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PART A
a)
(1) CGT event A1 arises when Party Time sell the factory, CGT event A1 occurs when there is a disposal of a CGT asset (sec104-10).
(2) Since on 1 May 2014 Party Time entered into a contract to sell the factory for $2.35 million, In accordance with sec116-20, the capital proceeds are $2.35 million.
(3) Under sec110-25(1), cost base is calculated as follows:
Purchase price is $700000(sec110-25(2)).
An incidental cost on disposal is $50000, which is the settlement on the sale of the factory (s110-25(3)).The $50000 amount is one-off lump sum amount in order to disposal of the factory. It’s capital and not deductible under s8-1. So this amount goes into the second element.
Legal fees $12000 incurred to obtain separate title to the factory constitute the cost base (s110-25(6)).
Therefore, total cost base: $700000+$50000+$12000=$762000.
(4) Because the factory was acquired on 1 June 2009, so indexation method does not apply here (Div114). However because the Party Time is a company, it cannot use the discount method (Div115). So net capital gain in current year is $2350000-$762000=$1588000.
(5) Offset $60000 capital loss carried forward from previous year, therefore the net capital gain is $1588000-$60000=$1528000, this amount will be included in assessable income for the year ended 30 June 2014.
b) The correct balance should be $105000. Although the $25000 trading stock is yet to be delivered and not actually owned by Party Time, your company hold the bill of landing which means that you has the power to dispose of this part of trading stock so the trading stock is on hand of Party Time (Taxation Ruling IT 2670). So the $25000 trading stock should be included in the balance of stock on hand.
In the case of FC of T v Suttons Motors Wholesale Pty Ltd 1985, the High Court considered if the entity has the power to dispose of the goods, the

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