Taxation Law :

Question 1

The Lotteries Commission conducts an instant lottery called ‘Set for Life' under which a winner who scratches three ‘set for life' panels wins $50,000 each year for 20 years.

The first $50,000 is payable as soon as the winner is notified, and later amounts are payable on the first anniversary of the first payment. In the event of the death of the winner, the Commission may pay any outstanding amounts to the deceased's estate.

Requirement:

Is the annual payment income? Give reasons for your decision

Question 2

Corner Pharmacy is a chemist shop. It provides no credit sales but accepts major credit cards. It sells items off the shelf and the proprietor fills prescriptions for cash and for payments made under the Pharmaceutical Benefits Scheme [PBS].

Three (03) assistants are employed. The following financial data is provided:
Cash sales --------------------------------------------$300,000
Credit card sales-------------------------------------$150,000
Credit card reimbursements -----------------------$160,000
PBS:
- Opening balance -----------------------------------$25,000
- Closing balance ------------------------------------$30,000
- Billings ----------------------------------------------$200,000
- Receipts ---------------------------------------------$195,000
Stock
- Opening stock--------------------------------------$150,000
- Purchases-------------------------------------------$500,000
- Closing stock ---------------------------------------$200,000
Salaries ------------------------------------------------$60,000
Rent ----------------------------------------------------$50,000

Requirement:

On the assumptions that an accrual basis applies and the cost of sales and other outlays are allowable deductions for tax purposes, calculate the pharmacy's taxable income.

Question 3

What principle was established in IRC v Duke of Westminster [1936] AC 1? How relevant is that principle today in Australia?

Question 4

Joseph (an accountant) and his wife Jane (a housewife) borrowed money to purchase a rental property as joint tenants. They entered into a written agreement which provided that Joseph is entitled to 20% of the profits from the property and Jane is entitled to 80% of the profits from the property. The agreement also provided that if the property generates a loss, Joseph is entitled to 100% of the loss. Last year a loss of $40,000 arose.

Requirement:

How is this loss allocated for tax purposes? If Joseph and Jane decide to sell the property, how would they be required to account for any capital gain or capital loss?