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Advise John Jones of the tax consequences of the above receipts, law homework help

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John Jones is employed in a part time capacity as lecturer in accounting at Central

University. His annual salary is $42,000 pa. 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 2017 $300 was offset.

Jones also runs a small practice providing accounting and taxation services to local

businesses. During 2016/17 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

2014/15 year. One of his clients is Travelco, a local motel. In March 2017 Travelco

provided Jones and his wife with free return air tickets to Bali. Equivalent fares would

cost $2,000.

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 [$17,500]. 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 2017 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 to Jones 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 of the tax consequences of the above receipts. You should discuss

what amounts would be included in his assessable income or, if any item is not

assessable income, why that is so. 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, if he
  • was to proceed with the plan?

  • What case law is relevant to the issues raised?
  • 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 style.
  • 1500 to 2000 word maximum word limit
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