Highlights
Communication
Correct syntax, grammar and spelling. Clarity of thought and expression.
Demonstrated knowledge of the law
Answer reflects a good knowledge of the relevant legislation and relevant case law – an understanding of their scope and operation.
Analytical skills
Ability to identify the particular legal issues raised by the relevant facts, i.e. the questions in dispute.
Distinguishing where appropriate between different facts and different rules of law. Applying the law to the relevant facts (do the facts fit the legal rules?)
Reaching a conclusion and expressing it ("In my view " "I consider, on the basis of the facts provided, that" ….). If the legislation is open to more than one interpretation your task is to say so and to decide which one should be considered of greater weight and to state why.
Presentation
Correct citations of cases and legislation.
Layout/ setting out (use of appropriate headings - clarity, ease of reading).
Question
Priti operates a florist shop in Barton, doing a brisk trade selling fresh flowers to public servants working in the area.
Priti employs a student to help her in the shop. The business is operated from rented premises. Priti also owns several residential properties which she rents out to tenants.
Assume Priti is registered for GST in respect of the above and accounts for GST on an accruals basis.
For the quarter ended 30 September 2022, the following transactions were reported in the accounting records maintained by Priti:
Receipts (inclusive of GST where appropriate)
| $ | |
| Revenue from selling flowers | 110,000 |
| Rent from tenants | 55,000 |
| $ | |
| Rent for premises used for florist shop | 11,000 |
| Wages for shop assistant | 22,000 |
| Fresh flowers from wholesaler | 66,000 |
| Plumbing repairs to residential premises | 1,100 |
| New curtains for florist shop (tax invoice not received) | 3,300 |
| Repayments of loan used to buy residential premises | 7,700 |
| New office chair for Priti – used 75/25 for managing the florist shop and her investment properties | 2,200 |
Priti wants to know whether she has to charge GST on the supplies she makes and whether she can claim input tax credits on her acquisitions
Required
Consider the following answer to the Question submitted by a Minnie, a student in a similar unit to your unit:
Taxable Supplies
| Supply | Taxable Supply? Yes/No | GST payable $ |
| Revenue from selling flowers | y | 10,000 |
| Rent from tenants | N | 0 |
| Rent for premises used for florist shop | Y | 1,000 |
| Wages for shop assistant | N | 0 |
| Fresh flowers from wholesaler | Y | 6,000 |
| Plumbing repairs to residential premises | Y | 100 |
| New curtains for florist shop | Y | 300 |
| Repayments of loan used to buy residential premises | N | 0 |
| New office chair for Priti – used 75/25 for managing the florist shop and her investment properties | Y | 200 |
| Acquisition | Creditable Acquisition Yes/No? | Input Tax Credit $ |
| Rent for premises used for florist shop | Y | 1,000 |
| Wages for shop assistant | N | 0 |
| Fresh flowers from wholesaler | Y | 6,000 |
| Plumbing repairs to residential premises | N | 0 |
| New curtains for florist shop | Y | 300 |
| Repayments of loan used to buy residential premises | N | 0 |
| New office chair for Priti – used 75/25 for managing the florist shop and her investment properties | To the extent that the chair is used for managing the florist shop | 150 |
Using legislation, case law and IRAC problem-solving technique, answer the following questions:
a) Explain whether you think Minnie’s answer would score high marks for the use of IRAC problem-solving technique (do not consider as yet the correctness of the answers). If you don’t think it would score high marks, offer some suggestions as to how the answer could be improved
b) Minnie’s answer has incorrectly identified the taxable supplies that Priti makes and the GST payable. Explain why that is the case. Provide an analysis of how the law applies to each supply that Priti makes.
c) Minnie’s answer has correctly identified the creditable acquisitions in the question. Provide an analysis of how the law applies to each acquisition that Priti makes.
d) What are the implications of a tax invoice not being received for the curtains.
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