Question: 1: When the investor invests in the property various
acquisition expenses are incurred which the investor has to pay. The expenses
which are incurred include corporate fees, conveyancing costs, bank fees,
interest costs, mortgage insurance, stamp duty, and lots of other expenses.
However, all these expenses do not make the pocket of the investor completely
empty. If the investor has tax knowledge and if it takes advice from an expert
then it can claim various expenses that are related to the purchase of the
property. Claiming deductions and preparing tax returns is a complex task. The
criteria for different expenses are not the same and there are no hard and fast
rules that apply all the time.
According
to the guidelines of the Australian Taxation Office (ATO), the tax expenses can
be categories into two types which include the expenses which can be claimed
and those expenses which cannot be claimed for deductions. The following are
the expenses which cannot be claimed by the investors:
·
costs associated with disposal or acquisition of property
·
costs such as conveyancing costs, advertising of property and stamp duty
which is related to acquisition and disposal are not deductible
·
If the costs such as water and electricity are incurred by tenants, not
by the owner then such expenses are also not deductible.
·
Costs that are not associated with income generation of the property.
The
costs which can be claimed by the investors according to the guidelines of the Australian
Tax Office are mentioned as follows:
·
Interest on loan & bank charges
·
corporate fees
·
expenses related to advertisement for tenants
·
council rates
·
water, electricity and gas charges
·
pest control
·
repair and maintenance expenses
·
travel and car expenses
·
legal and lease expenses
The
above-mentioned expenses can be claimed by the investors while filing their tax
returns. If the case of Brain is analyzed critically than it can be said that
there are some expenses that are tax-deductible whereas some expenses cannot be
deducted. The expenses which cannot be deducted from tax include the purchase
of property $450,000 and the related conveyancing cost of $2000. The costs
which can be claimed by Brain include $3000 repair cost. The car expenses of
$2000 are also deductible. However, if the water charges are not associated
with tenants than these charges cannot be deductible from the tax. Overall it
can be said brain can claim repair and travel expenses from the tax returns.
Question: 2
In
accordance with the case scenario, Celine is currently a citizen of Australian
and she receives an unemployment benefit of $9, 400 in wages. While income
generated from other sources is more than 6000 in a 12-month duration.
Total Assessable Income: According to the case scenario, the assessable income
of Celine is stated below:
Income
|
Treatment
|
Amount
|
Unemployment benefits
|
|
$8, 500
|
Fully Franked Dividend Income
|
|
$800
|
Wages Based Income
|
|
$9, 400
|
Credit Gross-Up
|
800 x 3/7
|
343
|
Capital Gains
|
50%*$6000
|
3000
|
Total Assessable Income
|
|
22043
|
Following the current laws and regulations for tax
exemption, Celine income does not fall in
the category of tax exemption. Thus, the total amount of 22043 will be
considered as taxable income for Celine in the relevant year.
Nominal Tax Payable: Now we will calculate income tax for Celine while
using the Australian income tax rates for residents. The following table
represents the tax rates for 2019 (as question require tax rate for last year) (Superguide.com.au, 2019).
Income thresholds ($)
|
Tax Rate % (2019)
|
Tax payable on this income ($)
|
$ 0 – $ 18, 200
|
0
|
Nil
|
$ 18, 201 – $ 37, 000
|
19
|
19c for each $1 over $ 18, 200
|
Now
calculating income tax for Celine:
Considering the above
calculation, the total nominal income tax payable (without any deduction) by
the Celine for 2019 is $730.
Medicate levy: According
to the case scenario, Celine is a single person who has no family dependents.
Thus, while calculating medicate levies we will consider this situation. Following
Australian law, every citizen is required to pay to medicate levy at least 2%of
their total taxable income as fund or cost for public health system organized
by the Australian government. While considering the policies of 2016-2017 the
total payable rate is around 10%.
Somehow, medicare levy
surcharge varies (e.g. 1%, 1.5% and 1.25%) in accordance with the income
threshold rates set out for the relevant year. The following table represents
the medicare levy surcharge for Australian citizen.
According to this table,
the taxable income of Celine (22043) is
below the minimum required limit of $90,000, therefore, Celine has an exemption
from Medicare levy surcharge (MLS) (Ato.gov.au, 2019).
Low-Income Tax Offset: Although,
Celine entitled for the low-income tax offset as total income is below the
threshold of $37,000. Following the tax policy of the Australian Tax Office
(ATO), low-income tax offset amount is $445 for every person whose income is
less than $37,000 (Ato.gov.au, 2020).
Total Tax
Payable/Refundable: Based on the above calculation
and results here total tax payable/refundable is calculated for Celine:
Based on all calculation
it can be said that total income tax is limited to 730 and the total refund
amount will be -19.
Question: 3
According
to the case scenario, Shane wants to enjoy tax-free pension after his
retirement. Currently, Shane around one year in retirement. Shane is expected
to get retirement on 30 June 2020 while his current balance in superannuation
is $1.4 million. Following the rule of the Australian government, a retired
person with a superannuation balance of $1.4
million will have to pay at least a 15% tax rate on each drawing from the super
amount. However, a retired person like Shane can enjoy tax free pension if the
balance of their superannuation is at least above the minimum limit of $1.6
million. Considering this tax exemption policy, Shane will have to increase his
superannuation balance to at least $1.6 million (the limit for tax-exemption).
Now calculating his remaining
balance or required contribution to reach the minimum limit of $1.6 million
before retirement.
Thus minimum required
contribution is $200000 in one year duration. Following the superannuation
policy of Australian Government, a person can contribute in his/her superannuation
by two methods (concessional contribution method and non-concessional
contribution method) to maximize his/her superannuation balance in a year for
tax exemption benefits. However, there are some limitations to the contribution
amounts regarding both of these methods.
Concessional Contribution:
The concessional contribution is a
legally allowed contribution in the superannuation if it does not exceed the total
maximum allowed contribution in a 12-month duration. Following current policy
for maximizing the concessional contribution, a person can invest the presented
below amounts in the relevant years in his superannuation:
|
2018-19
|
2019-20
|
Concessional contributions
|
$10,000
|
$10,000
|
The unused cap was available to carry forward*
|
$15,000
|
$15,000
|
Cumulative unused cap
|
$15,000
|
$30,000
|
According
to this, Shane can invest at $45,000 in two-year duration ($15,000 during the
remaining month of 2019 and $30,000 in 2020).
However, if he exceeds this
maximum allowed limit of contribution then the government will consider this
amount as the excessive concessional contribution which is wrong under the laws
and policies of the Australian Government. In such a situation, the government
take action and sent you to notice for correction if the excess contribution
was made mistakenly.
Somehow, the concessional
contribution is not exempted from taxes. The individual carry forwarding the
concessional contribution in superannuation funds is required to pay tax on the
invested amount (Centrepointalliance.com.au, 2017). Considering this,
Shane would have the following tax payable amount for his concessional
contribution:
Non-concessional
Contribution: The second method for
maximizing the superannuation contribution balance is to invest by
non-concessional contribution. In this method, Shane will not be required to
pay tax to the government. Instead, Shane will have an exemption from taxes
liabilities. However, some limitations regarding investment sources apply to
this method. Following the non-concessional contribution policy of the
Australian government, Shane can invest only $200, 000 in one year duration (Centrepointalliance.com.au, 2017). Currently,
superannuation balance is at the minimum limit (of $1.4 - < $1.6 M
threshold) therefore available contribution and bring forward amount allowed
for Shane is $100000 + 1 year bring forward (Amp.com.au, 2020).
Suggested Superannuation
contribution strategy:
Based on the above
information, it is clear that Shane still has the opportunity to maximize his
superannuation by $245,000 to reach the required limit of $1.6 million for tax
free pension benefit. Shane is eligible to contribute $200000 in non-concessional
contribution (NCC) which is beneficial than concessional contribution (CC) method
as it saves Shane from taxes. Thus, the suggested superannuation contribution
strategy for Shane is to maximize his superannuation fund balance by $200, 000 contribution
in non-concessional contribution option in 2019 and 2020 before his retirement.
However, if he is unable to arrange this amount in one year duration then he
should invest $15,000 as a concessional contribution with tax expense in
2018-2019. Then, he can make arrangement of remaining $185000 to maximize his
contribution by non-concessional contribution method during 2019-2020.
Thus, Shane would have
to pay a tax of $2250 in 2019. Somehow, some possible options for investment in
non-concessional contribution without excess and legally allowed by the
Australian Government are stated below:
1)
Sale of Assets
(contribution in NCC before 90 days).
2)
Spouse contribution if
proper merit is met (superannuation savings between spouse suggested by the
Australian government)
3)
Loan amounts
4)
Gift or rewarded money
Note for Next Writer: Question 2 and 3 are complete. Remaining questions: 1,
4, 5, 6, and 7. Questions are in PDF file.
Question: 4
Input cells
|
|
Loan summary
|
Annual interest rate
|
3%
|
|
Scheduled payment
|
|
$23,518.22
|
Loan term (in years)
|
2
|
|
Scheduled
no. of payments
|
24
|
Payments per year
|
12
|
|
Actual no. of payments
|
24
|
Loan amount
|
$550,000
|
|
Total extra
payments
|
$2,300.00
|
Extra payment
|
$100
|
|
Total interest
|
$14,378.79
|
|
|
|
|
|
|
|
Period
|
Scheduled
Payment
|
Extra
Payment
|
Total
Payment
|
Principal
|
Interest
|
Balance
|
0
|
|
|
|
|
|
$550,000.00
|
1
|
$23,518.22
|
$100.00
|
$23,618.22
|
$22,372.38
|
$1,145.83
|
$527,527.62
|
2
|
$23,518.22
|
$100.00
|
$23,618.22
|
$22,419.20
|
$1,099.02
|
$505,008.42
|
3
|
$23,518.22
|
$100.00
|
$23,618.22
|
$22,466.11
|
$1,052.10
|
$482,442.30
|
4
|
$23,518.22
|
$100.00
|
$23,618.22
|
$22,513.13
|
$1,005.09
|
$459,829.18
|
5
|
$23,518.22
|
$100.00
|
$23,618.22
|
$22,560.24
|
$957.98
|
$437,168.94
|
6
|
$23,518.22
|
$100.00
|
$23,618.22
|
$22,607.45
|
$910.77
|
$414,461.49
|
7
|
$23,518.22
|
$100.00
|
$23,618.22
|
$22,654.75
|
$863.46
|
$391,706.74
|
8
|
$23,518.22
|
$100.00
|
$23,618.22
|
$22,702.16
|
$816.06
|
$368,904.58
|
9
|
$23,518.22
|
$100.00
|
$23,618.22
|
$22,749.66
|
$768.55
|
$346,054.91
|
10
|
$23,518.22
|
$100.00
|
$23,618.22
|
$22,797.27
|
$720.95
|
$323,157.64
|
11
|
$23,518.22
|
$100.00
|
$23,618.22
|
$22,844.97
|
$673.25
|
$300,212.67
|
12
|
$23,518.22
|
$100.00
|
$23,618.22
|
$22,892.77
|
$625.44
|
$277,219.90
|
13
|
$23,518.22
|
$100.00
|
$23,618.22
|
$22,940.67
|
$577.54
|
$254,179.23
|
14
|
$23,518.22
|
$100.00
|
$23,618.22
|
$22,988.68
|
$529.54
|
$231,090.55
|
15
|
$23,518.22
|
$100.00
|
$23,618.22
|
$23,036.78
|
$481.44
|
$207,953.77
|
16
|
$23,518.22
|
$100.00
|
$23,618.22
|
$23,084.98
|
$433.24
|
$184,768.79
|
17
|
$23,518.22
|
$100.00
|
$23,618.22
|
$23,133.28
|
$384.93
|
$161,535.51
|
18
|
$23,518.22
|
$100.00
|
$23,618.22
|
$23,181.68
|
$336.53
|
$138,253.83
|
19
|
$23,518.22
|
$100.00
|
$23,618.22
|
$23,230.19
|
$288.03
|
$114,923.64
|
20
|
$23,518.22
|
$100.00
|
$23,618.22
|
$23,278.79
|
$239.42
|
$91,544.85
|
21
|
$23,518.22
|
$100.00
|
$23,618.22
|
$23,327.50
|
$190.72
|
$68,117.35
|
22
|
$23,518.22
|
$100.00
|
$23,618.22
|
$23,376.30
|
$141.91
|
$44,641.05
|
23
|
$23,518.22
|
$100.00
|
$23,618.22
|
$23,425.21
|
$93.00
|
$21,115.84
|
24
|
$21,159.83
|
$0.00
|
$21,159.83
|
$21,115.84
|
$43.99
|
$0.00
|
Cash Needs:
|
|
|
Last expenses (funeral):
|
10,000
|
|
Mortgage balance:
|
550000
|
|
Personal debt:
|
20000
|
|
Education funds:
|
60000
|
|
Other:
|
42000
|
|
Total Cash Needed
|
|
$682,000
|
|
|
|
Income Needs:
|
|
|
Annual income needed:
|
700,000
|
|
less continuing income:
|
120,000
|
|
Top up income needed
|
345,000
|
1,165,000
|
|
|
|
Resources Available:
|
|
|
Existing life insurance:
|
625000
|
|
Government Benefits:
|
0
|
|
Savings:
|
0
|
|
Investments:
|
0
|
|
RRSP
|
0
|
|
Total Resources at Death:
|
|
625000
|
|
|
|
Life Insurance Needed
|
|
$1,222,000
|
Input cells
|
|
Loan summary
|
Annual interest rate
|
3%
|
|
Scheduled payment
|
|
$9,761.05
|
Loan term (in years)
|
5
|
|
Scheduled
no. of payments
|
60
|
Payments per year
|
12
|
|
Actual no. of payments
|
24
|
Loan amount
|
$550,000
|
|
Total extra
payments
|
$2,400.00
|
Extra payment
|
$100
|
|
Total interest
|
$22,411.35
|
|
|
|
|
|
|
|
Period
|
Scheduled
Payment
|
Extra
Payment
|
Total
Payment
|
Principal
|
Interest
|
Balance
|
0
|
|
|
|
|
|
$550,000.00
|
1
|
$9,761.05
|
$100.00
|
$9,861.05
|
$8,615.22
|
$1,145.83
|
$541,284.78
|
2
|
$9,761.05
|
$100.00
|
$9,861.05
|
$8,633.37
|
$1,127.68
|
$532,551.41
|
3
|
$9,761.05
|
$100.00
|
$9,861.05
|
$8,651.57
|
$1,109.48
|
$523,799.85
|
4
|
$9,761.05
|
$100.00
|
$9,861.05
|
$8,669.80
|
$1,091.25
|
$515,030.05
|
5
|
$9,761.05
|
$100.00
|
$9,861.05
|
$8,688.07
|
$1,072.98
|
$506,241.98
|
6
|
$9,761.05
|
$100.00
|
$9,861.05
|
$8,706.38
|
$1,054.67
|
$497,435.60
|
7
|
$9,761.05
|
$100.00
|
$9,861.05
|
$8,724.72
|
$1,036.32
|
$488,610.87
|
8
|
$9,761.05
|
$100.00
|
$9,861.05
|
$8,743.11
|
$1,017.94
|
$479,767.76
|
9
|
$9,761.05
|
$100.00
|
$9,861.05
|
$8,761.53
|
$999.52
|
$470,906.23
|
10
|
$9,761.05
|
$100.00
|
$9,861.05
|
$8,779.99
|
$981.05
|
$462,026.24
|
11
|
$9,761.05
|
$100.00
|
$9,861.05
|
$8,798.49
|
$962.55
|
$453,127.74
|
12
|
$9,761.05
|
$100.00
|
$9,861.05
|
$8,817.03
|
$944.02
|
$444,210.71
|
13
|
$9,761.05
|
$100.00
|
$9,861.05
|
$8,835.61
|
$925.44
|
$435,275.10
|
14
|
$9,761.05
|
$100.00
|
$9,861.05
|
$8,854.23
|
$906.82
|
$426,320.87
|
15
|
$9,761.05
|
$100.00
|
$9,861.05
|
$8,872.88
|
$888.17
|
$417,347.99
|
16
|
$9,761.05
|
$100.00
|
$9,861.05
|
$8,891.57
|
$869.47
|
$408,356.42
|
17
|
$9,761.05
|
$100.00
|
$9,861.05
|
$8,910.31
|
$850.74
|
$399,346.11
|
18
|
$9,761.05
|
$100.00
|
$9,861.05
|
$8,929.08
|
$831.97
|
$390,317.04
|
19
|
$9,761.05
|
$100.00
|
$9,861.05
|
$8,947.89
|
$813.16
|
$381,269.15
|
20
|
$9,761.05
|
$100.00
|
$9,861.05
|
$8,966.74
|
$794.31
|
$372,202.41
|
21
|
$9,761.05
|
$100.00
|
$9,861.05
|
$8,985.63
|
$775.42
|
$363,116.78
|
22
|
$9,761.05
|
$100.00
|
$9,861.05
|
$9,004.56
|
$756.49
|
$354,012.23
|
23
|
$9,761.05
|
$100.00
|
$9,861.05
|
$9,023.52
|
$737.53
|
$344,888.70
|
24
|
$9,761.05
|
$100.00
|
$9,861.05
|
$9,042.53
|
$718.52
|
$335,746.17
|
Question: 5
Income protection insurance is important for
individuals for many reasons. The individuals should consider income protection
insurance if they are:
·
Self-employed or
running a small business. such individual does not get annual leave due to
accident, injury or illness
·
the family
members rely on the income that the individuals earn
·
The person has
taken some kind of loan such as mortgage. Whether the person is working or not
it would have to make payment.
What benefit level would you suggest Mason take?
There
are different insurance organizations that provide different income protection
insurance policies. It is up to Mason to decide which policy will be best for
him. The income protection insurance provide benefits which include
unemployment insurance, sickness and accident etc. it is suggested to Mason to
take such income protection insurance policy that covers unemployment and
personal accident and sickness. Because Mason has taken the mortgage of $80,000
if Mason due to any accident unable to do its work than this policy will help
him to make the mortgage payment. As he is getting older the chances of getting
sick are also higher. Therefore choosing the above-mentioned policy would be
better for him.
What benefit period would you suggest be taken?
The
benefit period is the time regarding how long the monthly payments will last.
The insurance policies related to income protection provides a 2 to 5 years
benefit period. It can be said that the policies which have a longer benefit
period are considered more expensive whereas the policies which have a shorter
benefit period are less expensive. It is suggested to Mason to take 5 year
benefit period policy or policy which lasts up to the age of 65.
What waiting period would you suggest?
The
waiting period is the time which the individual will have to wait before the
payment begins. Different income protection policies have different waiting
periods. Usually, most of the income protection insurance policies have a waiting
period that is between 14 days to 2 years. The polices which have longer
waiting periods are considered cheaper whereas the polices which have shorter
waiting periods are considered expensive. It is suggested to Mason to take a policy
that has a shorter waiting period. it will provide more benefits to Mason and
meets its requirements.
Advise Mason of the advantages and disadvantages of
level and stepped premiums
Stepped
premiums are reevaluated after each policy renewal and increase each year on
the basis of chances of claims because as the person gets old the chances of
claims increases as a result. The level premiums on the other hand charge a high
premium at the beginning of the policy. However, the changes do not depend on
age. It means that changes occur quite slowly in level premiums as compared to
stepped premiums.
Question No. 6
The estate plan provides information about what the
person wants to do with the assets after his/her death. The estate plan include
documents such as:
·
Superannuation
binding nominations
·
will of the
person
·
the
testamentary trust
·
healthcare
directives
Overall
the estate plan help the individual to distribute the property or assets that
it possess to the people to whom he/she wants to distribute. In the Case of Sam
there is will in which he has mentioned that the assets should be distributed
between his daughter and his son. However several issues will arise because the
will does not include the information regarding his new house. Sam after
separating from Emilia sell the Holiday house in Bryon Bay which has a value of
$600,000. Sam purchased the new house in Sydney which he decided to use as its
principal residence.
Sam
created his will when he separated from Emilia. The will was updated when Sam
has not purchased his new property and not sell his house in Bryon Bay yet. His
will also does not include the residuary clause. As the will does not include the
residuary clause now the property and assets of Sam will be distributed
according to the intestacy law of New South Wales. In Australia, intestacy
occurs when:
·
when the
person dies without leaving a will
·
when the
person leaves a will but does not include information about all the estate
As
Sam’s will does not include information regarding the new property which it
purchases before its death. The property will be distributed according to
intestacy laws. According to the intestacy law, the first priority to
distribute the property is the spouse and issue of the diseased person. As
Emilia has separated from Sam the property will be given to Lisa which is the
Daughter of Sam. along with the house the shares of Sam worth $200,000 will
also be inherited by Lisa because his brother Peter has passed away in an
accident prior to the death of Sam. so according to intestacy laws Lisa will
inherit the new house and the shares of Sam.
Question No. 7
During
estate planning, it is important to discuss the guardianship of the children.
It is important to protect the children who are minor by identifying the person
who will become the guardian of the children. According to law, the other
parent is served as a guardian of the children.
It means that the guardian of Peter and Mary children would either be
peter or Mary. Peter’s two children who live with their mother should also be
considered in this situation. Peter can become the guardian of his two children
who live with her mother.
Overall
the estate plan helps the individual to distribute the property or assets that
it possess to the people to whom he/she wants to distribute. In the case of Peter,
there is a need for a will in which he can mention that the assets should be distributed
between his daughters and his sons. However several issues will arise because
the will does not include the information regarding his new properties. If
peter will do not include information regarding the new property which it
purchases before its death. The property will be distributed according to
intestacy laws. According to the intestacy law, the first priority to
distribute the property is the spouse and issue of the diseased person
There
are different insurance organizations that provide different income protection
insurance policies. It is up to Peter to decide which policy will be best for
him. The income protection insurance provides benefits which include
unemployment insurance, sickness, and accident, etc. it is suggested to Peter
to take such an income protection insurance policy that covers unemployment and
personal accident and sickness. it is important for peter to consider the protection
of its income as well along with guardianship while he is performing estate
planning.
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