Assignment 2 Instructions

Assignment marks: 95 | Referencing and presentation: 5 Total marks: 100

Total word limit: 3,000 words Weighting: 40%

Download and use the Assignment 2 Answer Template provided in KapLearn to complete your assignment.

Your assignment should be loaded into KapLearn by 11.30 pm AEST/AEDT on the wdue date.

Refer to ‘Time remaining’ on the ‘Assignment 2’ page in KapLearn to ensure you submit your assignment by the specified due date and time.

Learning outcomes (LO) mapping		Marks
LO1	Explain the role of key stakeholders in the Australian taxation system.	5
LO2	Classify and apply concepts of income, expenses, rebates and offsets in calculating tax outcomes.	15
LO3	Interpret and communicate taxation issues and strategies in the provision of financial planning advice.	19
LO4	Calculate and evaluate employee remuneration arrangements.	10
LO5	Compare and contrast the tax treatment of different entities.	16
LO6	Analyse situations which may lead to the application of integrity measures and penalty provisions.	18
LO7	Explain and reflect on the role of ethical, professional and legal standards in providing tax (financial) advice.	12
Referencing and presentation		5
Total marks		100

Assignment 2 details

This assignment covers Topics 1 to 10 and accounts for 40% of your final grade.There are four (4) questions in this assignmentMarks will be awarded for referencing and presentation.Your overall mark for this assignment will be rounded to the nearest whole number.Refer to the Criteria-Based Marking Guide for guidelines on what is expected for each question.Full workings must be shown for all calculations. Show all calculations in the text of your assignment and not attached as an appendix. Appendices to the assignment will not be read.Indicative weightings are noted beside each question. Use these weightings to assist you with your allocation of time and resources. The weightings indicate the relative importance of each question.State all assumptions used in providing your answer.

Policies

Marks will only be awarded for answers up to the word limit (plus 10%) for each question. Any material written after this will not be counted towards your mark for that question. Headings, quotes and references within the body of the answer are included in the word count. Numerical tables, calculations, and reference lists are not included. For more information on word counts and their rationale, go to Assessment à Assignment à Assessment Preparation Guide. The Assessment Preparation Guide contains information about format and presentation, word limits, citations and referencing, collusion, plagiarism and other policies, useful resources, submitting your assignment and accessing your results.Answers are to be in your own words. Reference and cite all your sources (within the text of your answer) when quoting or using material from external sources. Include a reference list at the end of your assignment.Use of the Harvard referencing style is recommended (as per Kaplan Australia: Harvard Referencing Guide, available from the ‘Referencing and Research’ section of the ‘Build Your Skills’ hub in KapLearn), but the consistent application of any other referencing style will also be accepted.Requests for special consideration or information pertaining to special consideration written in the body of the assignment will not be considered by the assessor. Refer to the ‘special consideration’ section of the Assessment Policy on Kaplan’s website for more information.

Independent research

For some or all questions in this assignment, you will be required to complete independent research beyond the provided materials. You will also be expected to analyse this research and use it to support your own reasoned conclusions.

This includes:

• consideration of multiple sources beyond topic notes or other provided resources
• sources included are academically sound and credible
• analysing and understanding the argument or information the source presents
• using the material appropriately to directly support your conclusions.

Where significant independent research is required for a given question, it will be clearly indicated in the question instructions and the Criteria-Based Marking Guide.

Assignment 2 referencing and presentation (5 marks)

Your assignment should be presented in a clear and appropriate format, with all sources correctly referenced and cited.

You are required to:

• structure a clear response to each question, using headings if required
• number questions (including sub-questions) and pages
• use correct font style and size
• ensure tables or graphs are clearly labelled and readable
• clearly set out calculations or workings, where they are required
• adhere to the assignment word limit
• cite sources and provide a reference list at the end of your assignment. It is recommended to use Kaplan Professional’s preferred referencing style, Harvard (see Kaplan Australia: Harvard Referencing Guide, available from the ‘Build Your Skills’ hub in KapLearn), but the consistent application of any other referencing style will also be accepted.

Criteria-Based Marking Guide for referencing and presentation

The Criteria-Based Marking Guide (CBMG) provided at the end of each question is designed to assist you to understand what is expected of you in each question and to let you know how your performance will be judged. It provides advice about the criteria used in the marking of the question and what discriminates between an excellent, satisfactory and unsatisfactory answer.

The below CBMG outlines the expectations for referencing and presentation in this assignment.

Excellent (Mark range: 4–5 marks)	Satisfactory (Mark range: 2.5–3.5 marks)	Unsatisfactory (Mark range: 0–2 marks)
clear response structured for each question, including use of headings where appropriate all page and question numbers included correct font style and size used consistently throughout all tables and graphs clearly labelled and readable clearly set out all calculations or workings, where required adheres to assignment and question word limits external sources cited accurately throughout the assignment and included in reference list, using any consistent referencing style	adequate response layout and structure for each question, with some use of headings where appropriate most page and/or question numbers included correct font style and size generally used, with some inconsistencies most tables and graphs clearly labelled and readable unclear layout of some calculations or workings adheres to assignment and most question word limits external sources mostly cited accurately throughout the assignment and in reference list using any referencing style; some errors	poor response layout and/or structure for each question with little to no use of headings few or no page and/or question numbers included application of font style and size has significant inconsistencies tables and graphs have little to no labelling or are difficult to read unclear layout of most calculations or workings assignment is significantly under or over the word limit no or inaccurate use of referencing throughout the assignment and reference list, and/or no reference list provided

Case study

Claude (age 48) and Lilou (age 43) Maroilles are a married couple, living in Pilbara region, Western Australia. They have two dependent children, Gabrielle (age 15) and Milena (age 13).

Claude and Lilou are pearl divers and work for themselves, selling their pearls to luxury jewellery brands. In the previous financial year, the value of their combined pearl harvest was $580,000 and the harvest is expected to be the same this financial year. They have one full-time employee, James (age 25).

Glenda, their tax accountant, gave them your name as they are seeking personal financial advice regarding business and retirement planning. Glenda is a distant acquaintance to you.

Glenda’s services include the preparation and lodgement of Research and Development (R&D) Tax Incentive applications and R&D Tax Incentive Schedules and to date has successfully managed nine R&D schemes involving taxpayers.

Claude and Lilou recently purchased a commercial property, affectionately termed the ‘boat shed’ where they sometimes bring the lugger in for repairs, but more importantly, securely store and prepare the pearls for buyers.

Additional details of the clients’ situation are listed below.

Personal details

	Claude	Lilou
Health	Good	Good
Smoker	No	No
Expected retirement age	65	60

Lifestyle assets and liabilities

	Claude	Lilou	Joint	Liability
Family home	–	–	$950,000	($150,000)
Car	$120,000	–	–	–
Ute	–	$43,500	–	–
Home contents (insured value)	–	–	$150,000	–

Other assets and liabilities

	Claude	Lilou	Joint	Liability
Investment assets
CBA transaction account	–	–	$13,500	–
CBA credit card ($30,000 limit, cleared each month)	–	–	$0	–
ING online savings account	–	–	$530,000	–
Retirement assets
Hostplus Super	$210,000
AustralianSuper		$150,000

Business assets
Pearl Lugger (Boat)			$120,000
Diving Gear	$10,000	$10,000	$20,000
Pearling licence	$150,000	$150,000	$300,000
‘Boat Shed’	$350,000	$350,000	$700,000	$290,000

Estimated annual gross income details

	Claude	Lilou
Self-employed income (after business related expenses)	$250,000	$250,000
Interest income^	$2,915	$2,915
Total	$252,915	$252,915

^ Interest income from online savings account at 1.1%. Transaction account interest 0%.

Annual expenses

	Claude	Lilou	Joint
General living expenses	–	–	$100,000
Mortgage repayment	–	–	$18,000
Personal insurance premiums	$3,500	$3,500	$7,000
Children’s boarding school fees	–	–	$74,000
Marine Conservation (donation)	$500	$500	$1,000
Total			$200,000

Insurances

	Amount insured	Premium p.a.	Policy owner
Life & TPD cover	$200,000	$1,100	Super – Claude
Life & TPD cover	$300,000	$1,300	Super – Lilou
Income Protection	$10,000pm	$3,500	Claude
Income Protection	$8,000pm	$3,500	Lilou
HCF – Hospital & Extras (family)		$4,500	Joint

Claude and Lilou went to Glenda to obtain her advice on what might be the best tax entity structure to operate their pearling business through and would like your opinion also.

All required facts are in the case study above.

• Explain the four tax entity structures by discussing three (3) specific features of each, relevant for Claude and Lilou to consider. Indicate in each structure its appropriateness to the clients’ situation. (16 marks)
• Calculate Claude’s net tax payable using the following table for 2024/25. Compare his current position (individual of a partnership) compared to a company structure by taking a $190,000 and a

$43,500 fully franked dividend. Assume a company tax rate 27.5%. (10 marks)

Income tax position	Partnership	Company
Self-employed income	$	$
Interest income	$	$
Dividends/Distributions from portfolio	$	$
Franking/Imputation credits	$	$
Total assessable income	$	$
Less allowable deductions	($)	($)
Taxable income	$	$
Tax on taxable income	$	$
Medicare levy	$	$
Total tax payable	$	$
Franking credit tax offset	($)	($)
Net tax payable	$	$

Criteria-Based Marking Guide for Question 1(a)–(b)

(a)	Excellent (Mark range: 21–26 marks)	Satisfactory (Mark range: 13–20.5 marks)	Unsatisfactory (Mark range: 0–12.5 marks)
	comprehensive explanation of all four tax entities covering three (3) relevant features reasonable justification of appropriateness of each structure for client	comprehensive explanation of all three tax entities covering two (2) relevant features inadequate justification of appropriateness of each structure for client	Inadequate explanation of all four tax entities covering one (1) relevant feature inadequate justification of appropriateness of each structure for client
(b)	correct figures calculated, including correct application of the franked dividends minimal errors in figures presented	mostly correct figures calculated, including correct application of the franked dividends moderate errors in figures presented	generally incorrect figures calculated, including correct application of the franked dividends significant errors in figures presented

Assume that Claude and Lilou went ahead with Glenda’s recommendation to establish a company, MariSole Pty Ltd (MariSole) and returned to Glenda for her assistance with the Research and Development (R&D) tax incentive.

Glenda promotes herself to prospective clients as an R&D specialist and sends a letter of engagement stipulating her fee is 20% of any R&D tax offset that the client might obtain. Clients provide her their business’ financial and operational information which she uses to prepare and submit a R&D Tax Incentive application. Once the registration is confirmed, she prepares a R&D schedule instructing her clients to incorporate this in their tax return and invoices the client.

Claude and Lilou have costs in relation to their researching sustainable pearl farming practices. They asked Glenda how she managed to get R&D tax offsets so easily as they had previously tried themselves and not succeeded. Glenda reassured them that they can trust her and that her process is her intellectual property and not willing to disclose it.

Glenda has just been found guilty of being a promoter of a tax scheme she created to secure benefits from R&D tax offsets.

All required facts are in the case study above.

• Explain the key differences between tax planning, tax avoidance and tax evasion and why these differences matter in terms of integrity provisions. (6 marks)
• Are you likely to be considered a promoter of the tax exploitation scheme if you advise Claude and Lilou to invest funds that were sourced from the R&D tax offset? Justify your answer with supporting references to the ATO’s definition of a ‘promoter’. (6 marks)
• Glenda is obliged to act according to the TPB Code of Professional Conduct. Identify and explain three (3) principles in the code that she has breached. (6 marks)
• You are subject to the Financial Planners and Advisers Code of Ethics 2019. If you were aware that the scheme being promoted by Glenda was a tax exploitation scheme, identify and explain three (3) standards you would apply in dealing with this situation. (6 marks)

Criteria-Based Marking Guide for Question 2(a)–(d)

	Excellent (Mark range: 19–24marks)	Satisfactory (Mark range: 12–18.5 marks)	Unsatisfactory (Mark range: 0–11.5 marks)
(a)	comprehensive explanation of the integrity measures in place relevant to the case study	adequately explanation of the integrity measures in place relevant to the case study	inadequate explanation of the integrity measures in place relevant to the case study
(b)	comprehensive analysis of ‘promoter’ definition and relevant justification from case study facts to determine adviser’s position	adequate analysis of ‘promoter’ definition and relevant justification from case study facts to determine adviser’s position	inadequately analysis of ‘promoter’ definition and relevant justification from case study facts to determine adviser’s position
(c)	comprehensive explanation of three (3) principles from the TPB Code Glenda breached	comprehensive explanation of two (2) principles from the TPB Code Glenda breached	comprehensive explanation of one (1) principle from the TPB Code Glenda breached
(d)	comprehensive explanation of three (3) standards from the Code an adviser should apply if they were aware of the scheme	comprehensive explanation of two (2) standards from the Code an adviser should apply if they were aware of the scheme	comprehensive explanation of one (1) standard from the Code an adviser should apply if they were aware of the scheme

For each of the following transactions, determine whether they are taxable supplies for goods and services tax (GST) and explain the relevant classification:

• MariSole’s provision of boat charter services, ie sometimes recreational scuba-divers want a ride out to the ocean and pay $400 for that service. (5 marks)
• Claude wants to take out a loan to purchase a jet ski. (5 marks)
• From the information below, calculate and explain the GST and corporate tax each company would pay to the ATO. The supplies are all taxable, the GST rate is 10% and the corporate tax is assumed to be 27.5% for all the companies. (10 marks)
  • Claude and Lilou’s company (MariSole) supplies pearls to Pearlane Pty Ltd (Pearlane) for $165,000 including GST.
  • Pearlane uses the pearls to make jewellery and sells to Jewalie Pty Ltd (Jewalie) for $350,000 including GST.
  • Finally, Jewalie sells pearl jewellery to consumers for $900,000.

Assume, MariSole, Pearlane and Jewalie made a profit of $65,000, $90,000 and $300,000 respectively.

Criteria-Based Marking Guide for Question 3(a)–(c)

Excellent (Mark range: 16-20marks)		Satisfactory (Mark range: 10-15.5 marks)		Unsatisfactory (Mark range: 0–9.5 marks)
(a)	correct GST determination of the transaction comprehensive explanation of the relevant classifications.		correct GST determination of the transaction adequate explanation of the relevant classifications.	incorrect GST determination of the transaction inadequate/no explanation of the relevant classifications.
(b)	correct GST determination of the transaction comprehensive explanation of the relevant classifications.		correct GST determination of the transaction adequate explanation of the relevant classifications.	incorrect GST determination of the transaction inadequate/no explanation of the relevant classifications.
(c)	correct figures calculated and explained, including correct application of the input credits minimal errors in figures presented		mostly correct figures calculated and adequately detailed, including correct application of the input credits moderate errors in figures presented	generally incorrect figures calculated with no explanation, including correct application of the input credits significant errors in figures presented

Claude and Lilou (Marisol Pty Ltd) provided a $35,000 interest-free loan to James on 1 April 2024, which will not been repaid at the end of the financial or FBT year. James used the money to buy a new jet ski for

$25,000 and $10,000 on diving gear.

• Explain how this loan is captured under the fringe benefits regime and calculate the amount of fringe benefits tax payable. (10 marks)
• Compare and contrast the tax outcome for James as a result of the loan fringe benefit on the assumption his annual base salary is $120,000. (8 marks)
• James is not happy with how his fringe benefit is assessed by the ATO. Explain if he is able to challenge this assessment and what the requirements are. (7 marks)

Criteria-Based Marking Guide for Question 4(a)–(c)

	Excellent (Mark range: 20-25marks)	Satisfactory (Mark range: 12.5–19.5 marks)	Unsatisfactory (Mark range: 0–12 marks)
(a)	correct fringe benefit determination of the transactions reported comprehensive explanation of the relevant classifications. minimal errors in figures presented	mostly correct fringe benefit determination of the transactions reported adequate explanation of the relevant classifications. moderate errors in figures presented	incorrect fringe benefit determination of the transactions reported inadequate/no explanation of the relevant classifications. significant errors in figures presented
(b)	correct figures calculated, including correct application of the fringe benefit	mostly correct figures calculated, including correct application of the fringe benefit	generally incorrect figures calculated, including correct application of the fringe benefit
(c)	comprehensive explanation of the possibility and process of challenging the ATO assessment	adequate explanation of possibility and process of challenging the ATO assessment	inadequate/ no explanation of possibility and process of challenging the ATO assessment

Ready to submit?
ü	I have completed my assignment using Word.
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ü	I have added my Student No. and word count on the Assignment 2 Answer Template.
ü	I have answered all questions (and clearly labelled any parts) under each question heading provided in the Assignment 2 Answer Template.
ü	I have saved the file to be uploaded as: StudentNo_FPC006_AAT2_v12.
ü	Each question of my assignment is within the word limit for that question and adheres to the guidelines in the Assessment Preparation Guide.
ü	My assignment file size is no larger than 20 MB.
ü	If tables were required, they are visible as text, not as links or images.
ü	If calculations were required, I have shown all workings and calculations as instructed.
ü	I have referenced and cited all source materials using the recommended Harvard referencing style (or the consistent application of any other referencing) and, if required, included a reference list at the end of my assignment.
ü	I have submitted my assignment as one (1) Word or PDF file as per the instructions in KapLearn.

                                                              END OF ASSIGNMENT 2 INSTRUCTIONS