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Questions and marks structure
Part A Tax Planning and Anti-Avoidance, Tax Agent Services Act 2009 (Cth)
and GST
[36 marks]
Question 1 [9 marks]
Question 2 [4 marks]
Question 3 [6 marks]
Question 4 [9 marks]
Question 5 [8 marks]
Part B Corporate Tax Fundamentals Part A & B ...
page 1 of 17 questions and marks structure part a tax planning and anti avoidance
tax agent services act 2009 cth and gst 36 marks question 1 9 marks question 2 4 marks question 3 6 marks
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Questions and marks structure
Part A Tax Planning and Anti-Avoidance, Tax Agent Services Act 2009 (Cth) [36 marks]
and GST
Question 1 [9 marks]
Question 2 [4 marks]
Question 3 [6 marks]
Question 4 [9 marks]
Question 5 [8 marks]
Part B Corporate Tax Fundamentals Part A & B [32 marks]
Question 6 [6 marks]
Question 7 [7 marks]
Question 8 [19 marks]
Part C Fringe Benefits Tax [16 marks]
Question 9 [13 marks]
Question 10 [3 marks]
Part D International Tax Fundamentals [16 marks]
Question 11 [16 marks]
Total 100 Marks
Page 1 of 17
,Part A Tax Planning and Anti-Avoidance;
and GST [36 marks]
All dollar amounts are in Australian dollars.
Tim and Tom are two brothers living in Perth.
The family owns a 100-hectare dairy farm in Esperance which is operated by their father as a sole trader, who was registered
for GST. He is a widower. Tim and Tom have never shared in any profit distribution from the dairy farm.
Tom jointly. The brothers move from Perth
to Esperance WA, to attempt to manage the farm. The property has a large homestead in which the father lived, and all
necessary sheds and equipment required to run a dairy business.
The farm is situated on prime land and not long after the news gets around that their father had passed away, a property
developer contacts the brothers with an offer to purchase the farm from them. The property developer intends to subdivide
the land into lots of 5 hectares.
The offer of $10 million is too good to refuse and the brothers decide to sell.
There are at least three ways in which the brothers can dispose of the property from a GST perspective. Each has a different
outcome.
Identify the three GST treatments and explain their consequences.
Type your answer to Question 1
What the marker was looking for
Materials Marking
Treatment 1 reference guide
S.38-325 GSTA99 Sale of going concern 4.4.6 0.5
Both parties must be registered - can brothers register? Is this an
4.4.6 1
enterprise?
Other aspects of SoGC to be considered all things necessary 4.4.6 0.5
Consequences of residential premises being on the land 4.4.4 1
Treatment 2 4.4.4
Section 38-480 GSTA99 Sale of farmland supplied for farming 4.4.4 1
Page 2 of 17
, No requirement to be registered 4.4.4 0.5
Sub para (a) Has the property been used for farming for 5 years? 4.4.4 1
Sub para (b) Developer's intentions. 4.4.4 1
Consequences of residential premises 4.4.4 0.5
Treatment 3
Section 188-15 ITAA97 and 188-20 ITAA97 - Disposal of a capital
4.4.4 0.5
asset
Definition of Current or Projected GST turnover 4.3.4 0.5
Supplies while not carrying on enterprise disregarded from
4.3.4 1
turnover test
You run an accounting practice. You have a property development client which is resident in Singapore.
Your client asks you to provide advice in respect of the taxation treatment of a proposed acquisition of land in Australia. You
prepare your advice and issue the advice to your client in Singapore.
a) Is your supply a taxable supply and should you include GST on your advisory fee? Provide legislative references to
support you answer.
b) Would the outcome be different if your client asked you to provide the advice to its lawyers in Perth who are
negotiating the transaction?
Type your answer to Question 2
What the marker was looking for
Materials Marking
reference guide
Taxable supply - Yes or no 4.4.1 0.5
Section 38-190 GSTA99 item 2 or 3 4.4.1 0.5
Is the supply directly connected with real property? 4.4.1 0.5
Section 38-190 GSTA99 item 2 or 3 4.4.1 0.5
Where is the effective use or enjoyment? 4.4.1 1
Could subsection 3 apply? 4.4.1 1
Page 3 of 17
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