BADGES OF TRADE
Profit seeking motive
When a person enters into a transaction, we need to identify whether there is a profit seeking motive. It is not the existence of a profit that is important, it is the motive to earn one. However, the ZRA will really be interested in this issue if a profit has actually been earned, because then they have something to tax. A Taxpayer may argue that they are trading in order to utilize a loss to reduce their Tax bill. The taxpayer must however, demonstrate the motive rather than the existence of profit to establish that a trade is being carried on.
Note:
Intention to trade clearly constitutes trading. Intention to make a profit may not necessarily be so.
In IRC Vs Reinhold (1953) the Tax- payer bought
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In Cape Brandy Syndicate Vs IRC (1921), three individuals in the wine trade bought 10,000 gallons of South African Brandy. This was blended, bottled and sold to over 100 separate buyers over a period of about 18 months. They were held to be trading. Per Rowlatt. J. They had “...bought it with a view to transport it, with a view to modify its character by skilful manipulation, by blending with a view to alter…”
In IRC Vs Livingstone (1972), a syndicate purchased a cargo vessel with a view to converting it into a steam drifter and selling it at a profit. They had never previously done this, but they were held to be trading!
Circumstances giving rise to the Realization
If a taxpayer sells an asset in order to raise money to help solve some financial problems it will be difficult to prove that he is carrying on a trade. Incidentally, there have been few cases on this point.
In Page Vs Pogson (1954) the taxpayer built a house for himself and sold it six months later after completion. He then built another one but had to sell it when his employment moved to another part of the Country. He was held to be trading by the Commissioners of Taxes.
In addition to the six badges of trade there additional factors which have to be taken into account. These are:
Taxpayer’s other circumstances
If other circumstances of a taxpayer indicate the existence of a trade then even the current transaction is likely to be interpreted as an indication
This scenario demonstrates the motive to purchase personal expenses and hide small revenues and this ultimately results in a higher expense value, gaining a favourable tax return. Examples within the scenario were buying a sports car, or paying for a trip to Hawaii which are clear violations of the Business Entity Concept. This principles states that a business must be considered a separate entity from the person, and all of its financial matters should be recorded separately from one’s own. This act is seen as an unacceptable behaviour since the business is cheating the government, and keeping the money that could have been used to better the community in addition to violating common accounting standards.
As seen in Chapter 15 of Real Estate Principles by Charles J. Jacobus, property tax is a large source of income for local governments. When property taxes are not paid, a lien is placed on the property. If property taxes are not paid, this gives the government the right to seize the property. This is currently happening to Bill Davies, a developer from Chicago, Illinois.
example with another property delaying the tax on the gain by rolling over this gain to the
Capital gain or loss that happens to a dwelling that is a taxpayer’s main residence is
James McCulloch refused to pay this tax, so the state took him to court and was resulting case went all to the U.S Supreme Court.
In R v. Potisk (1973) The Police charged Potisk with larceny after he was given $2895.17 instead of $1233.23 by a bank teller when exchanging the USD currency and was found not guilty by the supreme court after the judge ruled that it is was not larceny and he was given the money although he was being dishonest. The law is effective in determining justice in this case because he didn't take the money without consent, he was being dishonest and was found not guilty because the judge and evidence proved he committed no econmoic offence. When it comes to white-collar crimes tax evasion is the most common of the three offences (Insider trading, tax evasion and computer crimes). These three offences have different sentences depending on the severeity of the crime but have a minimum of 8 years
These are the following 5 criteria I examine for in careers and used to weigh and select my careers
The major argument used to support the insolvent trading provisions is that they are necessary to protect the interests of creditors. As stated, insolvent trading provisions have generally ensured a conservative approach by directors when the company is experiencing financial difficulties. The potential alternative effects of such a decision are:
Money Laundering is the act of placing illegally acquired money in a legitimate business cash flow. This is done in order to be able to use that currency without law enforcement and the IRS questioning cash flow pertaining to a certain individual or corporation in question. This also considered a form of
It is very unusual to disagree that Nora, the main character in Henrik Ibsen’s “A Doll House”, is an uneducated lady. For example, she seems too play dumb in the beginning when receiving money from her husband, also acting like a stereotypical housewife in those times. We slowly get to see her intelligence when hiding the macaroons and coming up with lies right on the spot without hesitation. I want to argue that even though I do not support her lies and hiding secrets from her own husband, it obviously shows that she can play dumb just to get what she wants in life. As a housewife who must secretly do things behind her husband’s back just to enjoy a few macaroons, you can tell right off the bat that Helmer loves the fact that he can control Nora as if she was one of the dolls in the house. Soon Nora begins to show her true colors as Helmer pushes her to the brink of destruction.
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
This semester was well for me I have a lot of changes, Some teachers are rude. But that makes me to be better. The only class that I love is Miss.Cooper Class. For me is the best class of all that I have.
As a part of the Hartt Community Division, I am currently participating in a variety of different ensembles. These include Harmony Winds, a chamber group, and Concert Choir. Due to this, my family has to pay for three different groups, while simultaneously paying for the other extra-curricular activities that my sister and I take part in. If I were to receive this scholarship, It would greatly help my family stay within our budget.
The buyer’s power within the wine industry varies between different places in the world. There are for example strategic differences between Europe and the “New World”. The “New World” includes countries like the US, Australia, Chile and South Africa. In Europe there is a big competition