Carter Pty Ltd (Carter) is a company owned by Julie and Cameron Carter Pty Ltd (Carter) is a company owned by Julie and Cameron Carter (equal 50% shareholding) and it makes its profit by offering building supplies at a discounted rate to house and land developers. It has been doing this since its incorporation in 2012. In July 2016 Carter purchased three adjacent blocks of land in a new development for $300,000 each, with the intention of building a high-rise development. Carter had never purchased land or engaged in the construction of buildings before this. In December 2016 the Victorian Civil and Administrative Tribunal (VCAT) declared the high-rise development proposed by Carter would be an eyesore that would significantly impact on neighbours quiet enjoyment of their homes and refused to grant a planning permit. Carter sought advice from their lawyer, Joe Dodgy, and based on his advice Carter contracted CC Design Pty Ltd to design and build three unique, but community-appropriate, homes for the three prime pieces of land, at a build value of $150,000 each. Legal fees in relation to all three properties amounted to a total of $30,000. Carter then sold the three properties for $1 million per property. Advertising fees amounted to $10,000 in total. Joe Dodgy told them that they would not have to pay any tax on the profits made from the sales since they were just merely realising the three blocks of land to the best of their value! Cameron is so happy with their building endeavours, that he gives Julie an antique dining table for their home as a bonus. Carter pays for the table at a cost of $20,000. Required:You work for the Australian Tax Office, and your supervisor asks you to put together a memorandum with respect to the following issues and refer to the relevant Taxation Acts and case lawa. Discuss whether profit from the sale of the three properties can be assessable as ordinary income to Carter? b. Please critically discuss this statement: The yield of $3 million for Carter can be classified as either ordinary income or statutory income. c. Please critically discuss this statement: The amount of tax that ATO collects for the $3 million of property sale is the same, regardless of whether the taxpayer is Cameron or Carter Pty Ltd. c. If not ordinary income, can the transactions with respect to the three properties be dealt with under the capital gains tax provisions? Explain how. d. Explain what the tax implications of the receipt of the antique table are for Julie (if any). LawSocial ScienceTax law BLB 4135
