Australian Taxation Law And Its Regulations


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Taxation theory is the set of rules, regulations, and policies that are formulated by the government for companies, individuals, firms, and others. It should be followed by the tax consultant while calculating tax liability and total tax payable by the company or individual. This is decided by the government or the legal authority of the country (Baldwin, Cave, and Lodge, 2012). The Australian government has also declared different taxation laws that are implemented within the country. In this project report two different taxation systems are followed one is capital gain and another is fringe benefit. The main purpose of this project report is to gather knowledge of Australian taxation law and its regulations.

This report is based on a calculation of tax which is done by a tax consultant in Mayfield, New South Wales Australia. In the first case, the client is an antique collector and investor, who sold different assets, and in the second case advice is provided to the company, a tax consultant is required to calculate tax liability for both cases.


Australian taxation laws are applied in Mayfield, New South Wales which is an Australian Community. It is the liability of a tax consultant to calculate the taxable amount and payable taxes. In this case, the client is an antique collector and an investor too. In the year 2017, many assets were bought and sold by the client, and a tax consultant was hired to calculate the tax liability. For this purpose all the Australian taxation laws are followed, such as income tax and GST taxation (Boll, 2014). The amount received or paid while selling or purchasing assets is considered a capital gain or loss. Hence, in this particular case, the taxation will be calculated under the capital gain head. The client is not running a business hence, the tax liability will be calculated on an individual basis. In this particular case, capital gain and insurance claim tax will be followed.

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a. Block of vacant land

In this case, the client is in a contract to sell a vacant land for $320000, which was purchased in January 2001 for $100000, and the additional expenses that are featured by the client are $20000 for water and sewerage. Selling of land is an investment activity that will be taxable under the capital gain head.

Related regulations: In this case, capital gain taxation laws are going to be followed. According to Capital gain taxation law vacant land will be considered as an investment which an immovable asset which is considered as an investment after 20 September 1985 (Capital gain tax, 2018). According to the taxation authority of Australia, vacant land will be taxable under the capital gain head, and the rules are the same as for other assets. It will be calculated under sections 110-25 (2), 110-25 (4), and  115-25 (1) because the land was purchased after 20 August 1991. The calculation of the total taxable amount is as follows:

Cost base Calculation on 3/06

Acquisition Cost of Vacant Land


Add Statutory Rates And taxes


UN-indexed Cost Base


Calculation of Sale Proceeds



Sale income from land


Less Index Cost of Acquisition


Gain for next year


Interpretation: From the above tables it has been analyzed that the total taxable amount for the year ending 30 June 2018 is $200000 which is calculated according to section 115-25 (1). Capital gain has occurred because the total capital gain was higher than the cost of the land.

b. Antique bed

In this scenario, the client is demanding for insurance claim on his antique bed which was stolen. It was purchased in 1986 for $5000 in this amount all the expenses are included that are spent by the client. It was stolen from the house of a client, at that time the value of this bed was $25000. The client has claimed for insurance on 17 November 2017. However, the insurance company has refused the request for an insurance claim, as such types of assets are not mentioned in insurance claim law. The client has received $11000 by compromising with the insurance company.

Related regulation: In this scenario, two different laws are implemented by the tax consultant, The first is capital gain under the Income Tax Act 1997 and another is Insurance Act 1984. It will be treated under section 104-20 (1), which is for stolen items. The antique items are recorded under section 108-10 (12) (Braithwaite, 2017). As the cost of the asset is greater than $500 and used for personal use by the client then section 118-110 (1) is going to be applied here. Capital gain for the client is calculated as follows according to section 115-25 (1):

Calculation of index cost of bed



Indexation Factor

Net Amount

Cost of acquisition of Antique bed




Add Index cost of improvement Additions




Indexed Cost Base




Index factor for the cost of acquisition and cost of improvement as per Index reference base - 2011-12


Index value


Cost of bed


Quarter ending September  1986

Additional cost


Quarter ending December 1986

Index when the bed was stolen


On September ending 1999

Computation of taxable insurance claim


Amount ($)

Claim from Insurance Company


Less: Indexed Cost bed


Net Capital Gain/loss


Interpretation: From the above calculation it has been observed that the total taxable amount for the client is $6000 ($11000-$5000) under section 115-25 (1) which is received from the insurance department in full settlement by compromising for the same as the asset was stolen from the house. Tax liability for the client is $3116. $25000 which was the market value will not be considered as it is irrelevant under this case and the received amount from the insurance company which was $11000 will be considered as the capital gain from the bed.

c. Painting

In this scenario, the client has sold a painting for $125000 which was purchased on 2 May 1985 for $2000 from a very famous Australian artist (Dowling, 2014). This painting was sold by the client on 3 April 2018 in an auction. This will be taxable under capital gain taxation.

Related regulation: It will be considered as a capital gain under section 104-A as it is a CGT asset.  The painting was purchased before 20 September 1985 and it will be considered as Pre CGT asset, because the asset was purchased on 2 May 1985. The painting will not be considered as a collectible because it was purchased for investment purposes not for personal use. The calculation of tax and taxable amount is as follows:

Calculation of taxable capital gain or loss of painting



Sale proceeds from painting


Less: Cost base


Net capital gain/loss for next year


Interpretation: The total capital gain for this scenario was $123000 which is calculated by subtracting the amount of purchase from the sales. ($125000 - $2000). The assets were purchased before 20 September 1985 hence it will be treated as pre-capital gain taxation under section 104-10 (5).

d. Shares

In this scenario, the client has a portfolio of shares in which the client owns different types of shares. The shares are sold and purchased by the client in a specific time period. It has been done to acquire a capital gain. It includes stamp duty and brokerage.

Related regulation: It will be treated under section 104-10 (1). It will be calculated according to the Australian capital gain taxation laws (Gracia and Oats, 2012). The indexation cost will not be applicable in this scenario as the shares were purchased after 21 September 1999. The calculation for the taxation amount for shares is as follows:

(i)Trade of Common Bank Ltd Shares

Purchase Cost of shares



Cost of Purchase per share (a)


No. of shares purchased(b)


Add Stamp cost on purchases(c)


Net purchase cost d=(a*b)+c


Proceeds from the sale of Shares



Sale Price per share (a)


No. of shares sold(b)


Less Brokerage Paid(c)


Net sales value e=(a*b)-c


Net Capital gain/Loss



Gain/Loss (e-d)


(ii)Trade of PHB Iron Ore Ltd

Purchase Cost of Shares



Cost of Purchase per share (a)


No. of shares purchased(b)


Add Stamp cost on purchases(c)


Net purchase cost d=(a*b)+c


Proceeds from the Sale of Shares



Sale Price per share (a)


No. of shares sold(b)


Less Brokerage Paid(c)


Net sales value e=(a*b)-c


Net Capital Gain/Loss



Gain/Loss (e-d)


(iii)Trading of Young Kids Learning Ltd

Calculation for net capital gain/loss



Amount ($)

Sale proceeds as per current tax year



Less: Cost of base



Less: Brokerage cost



Less: Stamp Duty



Net Capital Gain/loss



There is a capital loss occurred of $6000 for the client.

(iv)Trading of Build Ltd.

Calculation for net capital gain/loss



Amount ($)

Sale proceeds as per current tax year



Less: Cost of base



Less: Brokerage cost



Less: Stamp Duty



Net Capital Gain/loss



Interpretation: From the above tables the calculation of taxable amount for the clients for shares is calculated. The client has received a capital gain of $30700, $30000, -$6000, and $13000. Indexed costs are not considered because the shares are purchased after 21 September 1999.

e. Violin

In this scenario, the client owns a violin, and the has been sold on 1 May 2018 by the client to the neighbor (Maddison and Denniss, 2013). It was sold for $12000 and it was acquired by the client on 1 June 1999 for $5500.

Related regulation: It will be treated as a capital gain tax because the violin was purchased for personal use by the client. The client used the violin a lot and then sold it to the neighbor. It will be treated under section 108-20 (2).

Calculation for net capital gain/loss


Amount ($)

Sale proceeds from the sale of the Violin


Less: Cost of base


Net capital gain/loss


Interpretation: Net capital gain under this scenario is $6500 which is identified from the above table. It is calculated under two sections one is 108-20 (2) and another is 104-10 (1) as the ownership was transferred by the owner to the neighbour.

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Adjustment of capital loss

Section 995-1 will be considered while calculating total taxable income from clients. Current year loss which is not eligible for a 50% discount under section 115-25 (1). Therefore the capital loss of $6000 will be adjusted with the capital gain earned from share build shares of $13000 used to set off. Net capital gain will be $7000 (McGee, 2014).


Amount ($)

Capital gain from shares


Less: Capital loss


Capital gain for tax


Total taxable liability



Amount ($)

Capital gain from the sale of land



Antique bed



Capital gain from the sale of common bank shares



PHB iron shares



Net capital gain tax




Advise on FBT consequences and calculation of FBT liability on Rapid Heat

Case scenario:

According to the provided case scenario, Rapid-Heat Limited is a manufacturing company that operates electric heaters. Jasmine, an employee of this company has received a car from the company which is used for work and other purposes. Along with the car, Jasmine has also received a loan of 500000 at an interest rate of 4.25% which is used for the purchase of a holiday home and some of that amount is lent to her husband (Mumford, 2017).

Related regulations:

In order to ascertain the tax liability of Rapid Heat Limited, a tax that is applied to this company is the Fringe benefit tax. This tax regulation is concerned with the benefits that are provided to the employees by their company against which the company has to pay some value as tax. FBT is a tax applied within the Australian tax system but the Australian taxation office. This tax is applicable on most noncash benefits which are provided to employees against their contribution from the company. This tax implies the liability on the employer and not on the employee.

Calculation of taxable amount:

According to fringe benefit tax, a motor vehicle that is a car in this case has to fulfill various conductions such as the car must be any sedan or station wagon. The vehicle must be a four-wheel drive vehicle. From the information provided in the case scenario, it has been observed that the car is received by Jasmine on 1 May 2017, and tax needed to be calculated for the year of 335 days that is from 1 May 2017 to 31 March 2018. In this period it is analyzed that the employee has traveled 10000 km by car and has also incurred a few expenses on her own end amounting to 550  dollars for which the employee has received reimbursements (Pickhardt and Prinz,  2014).

As additional information, it has been informed that the car was parked at the airport for 10 days which is not counted as days of the employee's personal use.

A number of days for which tax liability is ascertained is 335 but 5 days of repairs are deducted which gives 330 days of tax liability to the company. The formula for calculating this tax liability is (0.2 * base value of car * number of days during that year of tax on which the car fringe benefits were provided by the provider/number of days in that year of tax) - Amount if any paid by the recipient.

= [(0.2 * 33000 * (330/365)]



Base value


Number of days for FBT


Number of days in that year


FBT liability for the taxable year


Along with the car, the loan was also provided to the same employee named Jasmine. The loan was valued at 500000 dollars at the rate of 4.5%. The amount of loan was utilized as, 450000 dollars was used to purchase a holiday home and 50000 was lent to Jasmine's husband for the purchase of shares in Telstra. According to the rule of fringe benefit tax, if the amount of loan is used for purchase of securities then the taxable amount would be nil.

Along with a loan, an electric heater of 1300 dollars was purchased of which the manufacturing cost was 700 dollars and its selling price in the market was 2600 dollars. Calculation of fringe benefit tax along with consideration of car, loan amount, and electric heater is as follows:



Purchase price of electric heater for Jasmine


Manufacturing cost for Rapid-Heat


Actual selling price of electric heater


Fringe benefit tax rate


Amount on which Fringe benefits tax will be levied (2600-1300-700)


Fringe benefits tax liability ($600*47%)


From the above calculation., it can be said that Rapid-Heat is liable to pay input tax credit in relation to GST-inclusive acquisitions (Rose and Karran, 2018). GST credit is also claimed on the credit on the price of electric heater. A total of 282 dollars is liable to the company to pay.

Variation in FBT liability

According to the case, the tax liability is ascertained below if the amount which is received as a loan is 50000 dollars and is utilized as an investment in shares instead of lending money to her husband. FBT's liability to the company is ascertained below:



Actual interest rate levied by employer


Statutory interest rate as prescribed by the Reserve Bank of Australia


Amount of which shares are purchased


Time duration of loan for which interest needs to be charged ( 1 September 2017 to 31 March 2018)

212 days

Total FBT liability for a loan ($50000 * 5.50%) - ($50000 * 4.25%) * 212/365



From the above project report, it has been analyzed that two types of taxation laws are followed by a tax consultant that are capital gain tax and fringe benefit taxes. Capital gain taxes are for investments and other capital nature assets. Fringe benefit taxes are those taxes that are implemented on the benefits that are provided by the employer to its employees.

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  • Baldwin, R., Cave, M. and Lodge, M., 2012. Understanding regulation: theory, strategy, and practice. Oxford University Press on Demand.
  • Boll, K., 2014. Mapping tax compliance: Assemblages, distributed action, and practices: A new way of doing tax research. Critical Perspectives on Accounting. 25(4-5). pp.293-303.
  • Braithwaite, V., 2017. Taxing democracy: Understanding tax avoidance and evasion. Routledge.
  • Dowling, G. R., 2014. The curious case of corporate tax avoidance: Is it socially irresponsible? Journal of Business Ethics. 124(1). pp.173-184.
  • Gracia, L. and Oats, L., 2012. Boundary work and tax regulation: A Bourdieusian view. Accounting, Organizations, and Society. 37(5). pp.304-321.
  • Maddison, S. and Dennis, R., 2013. An introduction to Australian public policy: theory and practice. Cambridge University Press.
  • McGee, R. W., 2014. The Ethics of Tax Evasion: A Case Study of Brazil. In Handbook of Research on Economic Growth and Technological Change in Latin America (pp. 374-393). IGI Global.
  • Mumford, A., 2017. Taxing culture: towards a theory of tax collection law. Routledge.
  • Pickhardt, M. and Prinz, A., 2014. Behavioral dynamics of tax evasion-A survey. Journal of Economic Psychology. 40. pp.1-19.
  • Rose, R. and Karran, T., 2018. Taxation by political inertia: Financing the growth of government in Britain. Routledge.
  • Online:
  • Capital gain tax. 2018. [Online]. Available through:
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