BULAW3731 Income Tax Law & Practice
Individual Assignment
Essay
Submitted by: Name: Simant Sahi
Student ID: 30309353
Purpose of the Assignment To enable you to research an aspect of taxation law and its practice. It is important for you to have time to think through how to structure and present your responses, and to review and discuss what the law is or should be in a particular area. Whilst discussion with others is encouraged, the final piece of work must be your own.
Topic
This year in Australia there will be a federal election, and tax reform is currently a topic of debate. The Leader of the Opposition, the Honourable Bill Shorten MP, recently released an election policy on negative gearing and the treatment of capital gains tax discounts as they relate to the housing market (the Policy).
Required
Identify and explain the key areas of the Policy, then evaluate whether it exhibits the features (characteristics) of a good tax system. In your response you must include an explanation of negative gearing and the existing treatment of capital gains as they relate to property investors – referring to sections of legislation, tax rulings and cases where relevant. You must also identify and discuss
Under Canadian Tax Law, there is an election for companies to defer recaptures and capital gains of property that was involuntarily or voluntarily disposed of. In this research paper, we attempt to prove that the election is a useful taxation strategy for businesses so that they are not subject to pay taxes on capital gains or recaptures until such a time where they may acquire an eligible replacement property that will help them earn business income. We will provide facts, definitions, and examples to illustrate the use of this election throughout the paper by explaining the capital cost allowance system, the offset available to business for capital gains and recaptures, the election process, the rules regarding replacing former business
Before reading the paper, I had no idea what “horizontal equity” and “vertical equity” were. These terms were described in detail at the beginning of the paper and allowed me to more thoroughly understand the key points that the authors made. When explaining how certain parts of the Australian tax system function, the authors made analogies to compare the tax system in Australia to that of other countries, such as the United States. However, some words and terms that the authors used were not clearly defined in the text. Luckily, I have had experience with some of the vocabulary words that the author used, such as "tax burden” and "progressive income tax system". Although, When it came to terms like “marginal income tax”, I had to do further background research so that I could gain an in-depth understanding of what the authors were saying. The authors state, "at the end of 2012, the marginal income tax rate for a person on average weekly earnings had risen to 37%". This left me wondering what marginal income tax is, and why Australia’s marginal income tax had fluctuated so much; neither of these items were explained in the paper. I believe that an average reader, with very little tax or business knowledge, would be unfamiliar with a large majority of these terms. If I were the authors, I would more clearly define the terms that I commonly used throughout the
The issues of taxation
Use the following format for your essay. It is based on the grading rubric structure. Identify the item in the appropriate rubric area and then present your reasoning in a paragraph for each tax decision you have made. Use as much space as necessary in each category. (The task instructions give a suggested total length of 2-5 pages.
AmeriSouth argued that cost-segregation study allocates $65,381 of Garden House's depreciable basis to “site preparation and earthwork,” depreciable over 15 years as a land improvement is allowable because it is a “site development,” but nowhere does it describe what work is included in this category. On the other hand, the Commissioner's expert claims that work papers show the expenses relate to the initial clearing and grubbing (i.e., tree removal) of the land which occurred before the apartments' construction in 1970.
Will there be any trend or expected government legislating new tax laws that will have significant impact on real estate investments?
As for the issue of whether or not you should take out another mortgage in order to supplement the conversion of Certificate of Deposits into Municipal Bonds, again, I.R.C. §265(a)(2) comes into effect and disallows any interest deductions sought, thus, removing the profitable advantage offered though the interest rates. In similar situations, such as Wisconsin Cheeseman, Inc. v. United States, 388 F. 2d 420 (1968), the Court ruled against the taxpayer on the claim that the taxpayer was only allowed deductions on the interest of the indebtedness incurred prior to the purchase of the tax exempt investments, meaning that only the interest deductions on the new debt incurred was disallowed. In Wynn v. United States, 411 F. 2d 614 (1969), the taxpayer was also disallowed to claim any deduction for the interest payments on the loans he incurred from the bank, the purpose of which was to expand the amount of tax-exempt securities the taxpayer currently possessed. In Drybrough v. Commissioner, 376 F. 2d 350 (1967), that taxpayer also tries to deduct the interest payments on his leveraged mortgages in order to expand their tax-exempt investment fund, and again, the Court referred to I.R.C. §265(a)(2), which forbids such deductions on the basis that the sum of the interest paid was used to purchase tax exempt securities, thus ruling against the taxpayer. Although the Court’s ruled
Part III: Discuss the tax consequences of contributing cash, property, and/or services to the new entity.
A Health Savings Account (HSA) plan requires a high-deductible medical insurance policy, which means that the premiums on the policy will be less than for a low-deductible policy. The contributions to the HSA are deductible for AGI, which reduces the nondeductible amount of itemized deductions subject to certain limitations, and the taxpayer does not have to itemize to obtain the deduction. The HSA distributions pay for the deductible medical expenses and they are not included in gross income. Also, the income earned on the HSA is not included in gross income if it is used to pay medical expenses not covered by the high-deductible plan.
The main topic of this research paper is taxation. Seeing that this topic is pretty open, I’ve chosen to write about the proposed idea of Fair Tax. Along with a little bit of insight on Fair Tax and a couple highlights of history, I’ll try and explain some pros and cons as well as give my opinion on the topic.
After reviewing the scenario, compare and contrast the at-risk rules and passive activity limits. Discuss the purpose for each, and suggest as least two (2) tax-planning strategies for ensuring that the IRS allows passive losses in order to reduce your tax liability. Provide support for your suggestion.
Beginning with the Democrats, Hillary Clinton’s tax policy is “Relief for the Middle Class and an Environment for Long Term Growth.” Per the article, her reforms include unspecified cuts for the middle class and small businesses that share profits with employees. She also aims to raise taxes on medium-term capital gains, which is a new category that would increase the capital gains rate for high-income taxpayers, on investments held from one to six years, from a flat 20 percent to a range of 24 to 36 percent. As a result, higher taxes would be imposed on the wealthy and would discourage those who short-term buy and sell assets (Witte, 2016).
whether the tax strategy is sustainable under the tax law and therefore over whether the additional
This paper examines the generally accepted desirable characteristic of a system of taxation. I describe in this paper that even where every one agrees that the tax system should be simple as dictated by the first maxim of Adam Smith, no country is yet to meet this standard. Questions on policy, complexity, equity, administrative efficiency, cost of compliance all increasing the cry for a tax change. Many Eastern Europeans have adopted the flax tax system and presently has an increase economic growth. However, are they fully operating the flax tax system?
Tax system is a legal system of imposing and collecting taxes from the citizens of the country. As it has been stated by Albert Einstein, the hardest task in the world is to understand the tax system of a country. The United States’ tax system is so complicated that its tax code contains almost 3 million words and 6,000 pages. Moreover, the taxes implied by city and state governments add more complexity to the federal taxation system. In this case, we do not need to understand the complexity of tax code system in order to get acquainted with the significant role of taxes in American society.