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English Assignment

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The pre-CGT asset is the beach house transferred to Margaret in August 1984 – ownership thus secured prior to 20 September 1985. Section 128-20 ITAA97 states that the asset must be a CGT asset when it passes to the beneficiary of a death estate. The beach house (excluding the extension) is a pre-CGT asset and so excluded from the provisions under Division 128 that covers CGT consequences of death estates where death occurs after 19 September 1985.
A capital gain or loss must be calculated on the separate CGT asset being the extension.
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Tax implications sale of silver jug

<标题> Consider whether a CGT event occurred?

Yes – CGT event A1 disposal of a CGT asset the silver jug.

 The CGT asset is the silver jug as it was purchased after 20.9.1985 (bought August 2004) and would be defined as a collectable under Subdivision 108-B. The jug is a collectable under the legislation because it was later valued as an antique of value. No evidence would suggest that Margaret is in the business of buying and selling antiques so that any gain or loss on sale is capital in nature and not assessable under section 6-5 ITAA97.
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However, any gain or loss from sale of the jug on 5.5.2011 would be disregarded as the collectable asset being the silver jug was acquired for less than $500 S 118-10(1), (2). The sliver jug is an exempt CGT asset.

Tax implications stolen painting

<标题> Consider whether a CGT event occurred?

Yes – CGT event C1 loss or destruction of a CGT asset s.104-20(1) ITAA97 due to the painting being stolen on 11.11.2010.

<标题>  The CGT asset is the painting as it was purchased after 20.9.1985 (bought August 2004) and would be defined as a collectable under Subdivision 108-B.

As the painting was stolen s 116-20 (1) ITAA97 states that the compensation received for the loss of the CGT asset becomes the capital proceeds. A capital loss will be recognised in this case because the insurance proceeds of $500 are less than the asset’s reduced cost base (s 104-20(3)). The date of the CGT event will be 5.6.2011 not on the date the painting was stolen (s 104-20(2).

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