SAMPLE COMPETENCY EXAMINATION:1 TAX TECHNICIAN (SA) Outcomes to be tested in the 2013 competency assessment: The following topics will be covered: Framework of the income tax system (including the capital gains tax framework) Gross income, residence-based taxation, specific inclusions in income and specific exemptions from income General deductions, specific deductions and capital allowances Capital gains tax Trading stock and share dealers Income tax liability of individuals, including allowances and fringe benefits Employees’ tax and provisional tax Donations tax Estate duty Retirement benefits Taxation of trusts Value added tax and transfer duty Recommended reading material: 1 Silke: South African Income Tax 2013 This sample competency assessment is based on the Certificate in Taxation at the University of Pretoria. Page 1 of 12 QUESTION 1 (30 marks, 90 minutes) Amabokoboko(Pty) Ltd (‘Amabokoboko’) is a resident company with a February year end. The company is a manufacturer of sport equipment and the Commissioner has indicated that this process is regarded as a process of manufacture for Income Tax purposes. Amabokoboko is a registered VAT vendor. It should be noted that all amounts reflected in the draft statement of comprehensive income below and in the notes that follow, exclude VATunless indicated otherwise and Amabokoboko is in possession of all tax invoices where relevant. You may assume that all transactions were conducted with registered VAT vendors, unless indicated otherwise. The detailed draft statement of comprehensive income of Amabokoboko for the financial year ended 28 February 2011 is set out below: Notes R R Sales 16 250 000 Less: Cost of sales (8 100 000) Opening inventory (5 525 000) Purchases (18 575 000) (24 100 000) Less: Closing inventory 16 000 000 8 150 000 Gross profit 931 360 Add: Sundry income Dividend income (local – accrued on 30 May 2010) 129 000 Insurance settlement received 1 127 360 Profit on sale of Machine A 3b 675 000 9 081 360 (8 112 100) Less: Expenditure Bad debts 2 (207 000) Depreciation 3 (512 050) Insurance premiums 4 (81 000) Interest on bank overdraft for operational expenses (100 000) Rentals 5 (675 000) Restraint of trade 6 (660 000) Salaries, wages and benefits (4 000 000) Other tax-deductible admin and marketing expenses (1 877 050) Net profit before tax 969 260 Additional notes: 1. A road freight contractor had collected an order of sport equipment (trading stock) from Amabokoboko’s premises for delivery to a customer. On its way to its destination, the road freight contractor’s delivery van, along with the trading stock, was stolen. On 15 February 2011, Amabokobokoreceived an insurance settlement from its insurer of R127 360 for the stolen trading stock. The amount of the insurance settlement, Page 2 of 12 including VAT, was recorded in the accounting records. The sale was never recorded as the stock did not reach the customer. Closing stock was already adjusted with the loss. 2. Bad debts written-off of R207 000 consist of R180 000 for trade debtors and a loan of R27 000 to a supplier that has been liquidated. The loan (an interest-free loan) came about during the previous financial year of Amabokoboko when it lent the money to a supplier (not a connected party) who was experiencing liquidity problems. The supplier was liquidated on 1 December 2010 and Amabokoboko has been unable to recover any portion of the loan. 3. Depreciation is made up as follows: Motor car Machine A Machine B Other machinery and depreciable assets (Note) (a) (b) (b) (c) R 37 050 R125 000 R187 500 R162 500 R512 050 a. On 1 June 2010, a motor car (as defined for VAT purposes), used by Amabokoboko sales staff for visits to customers, was purchased for R296 400 (including VAT)and immediately brought into use. SARS provides for a five-year write-off period for motor vehicles in terms of section 11(e). b. On 1 March 2009, Amabokoboko purchased a new machine (Machine A) for cash in an arm’s length transaction for R1 000 000. Machine A was immediately brought into use in its process of manufacture. On 31 August 2010, Machine A (with a carrying amount of R625 000) was traded in for a more advanced machine (Machine B). A trade-in price of R1 300 000 was obtained for Machine A.Machine B was purchased as a new machine for cash in an arm’s length transaction for R1 500 000 and was immediately brought into use in the process of manufacture. Amabokoboko will elect any option that is available to it to defer any of its tax liabilities. c. All other machinery and depreciable assets had a nil tax value on 1 March 2010. 4. Insurance premiums of R81 000 relating to the 2011 year of assessment were paid by Amabokoboko. In addition, on the advice of its insurance broker, Amabokoboko paid insurance premiums of R88 750 covering the period 1 March 2011 to 28 February 2012. No portion of the advance insurance premium amount was expensed to its statement of comprehensive income for the 2011 year of assessment. 5. The rentals paid are paid monthly for the use of an office building that is leased by Amabokoboko for trade purposes. 6. The restraint of trade payment of R660 000, which iseffective for two years commencing on 1 October 2010, was paid to a sport equipment engineer who had been employed by Amabokoboko. He left the company’s employment on 30 September 2010. REQUIRED: Calculate (supported with brief reasons OR references to legislation) the taxable income of Amabokoboko (Pty) Ltd for its year of assessment ended 28 February 2011. Start your answer with net profit before tax of R969 260. Also address nil effects. (30) Page 3 of 12 QUESTION 2 (38marks,114minutes) This question consists of two related parts. Ignore VAT for purposes of this question. PART 1 (20 marks, 60 minutes) Kitty Scuffles, aged 55, was ordinarily resident in South Africa until she and her husband (married out of community of property)immigrated to Australia on 31 August 2010. The day before her immigration she sold the following assets: Description Note Farm 1 Holiday home 2 Aircraft (300 kg) 3 Block of flats (including improvements) 4 Cost 3,000,000 500,000 800,000 2,160,000 Proceeds 6,300,000 1,500,000 500,000 6,300,000 1. On 1 October 2001, Kitty acquired a farm (100 hectares of which 2 hectares were used by Kitty for domestic purposes). The land and the farmhouse were acquired for R3 million.The purchase price can be allocated as follows: Land (100 hectares) R2 500 000 Farmhouse R 500 000 The proceeds on date of sale can be allocated as follows: Land (100 hectares) R4 200 000 Farmhouse R2 100 000 Kitty practiced as a beauty consultant over weekends. She used 20% of the farmhouse as a consultation room, but never claimed any expenses relating to the house for normal tax purposes. Kitty lived in this house with her husband until their immigration. 2. Kitty acquired a holiday home in Langebaan (South Africa) on 1 March 2000 for R500 000. A valuator valued this house for capital gains tax purposes on valuation date at R900 000. She elected this value as valuation date value for this house. 3. Kitty acquired an aircraft on 1 March 2002 that she used only when on holiday. She sold this aircraft at the market value of R500 000 to a third party. 4. Kitty held a block of flats (with only four flats) as an investment. She purchased this rent-producing property for R360 000 on 31 August 2000 and by the end of August 2002, improvements to the block of flats were completed at a total cost of R1 800 000 and the flats were rented out immediately until the date of her immigration. The market value of the block of flats on valuation date was R2 400 000. She did not select a valuation method for this investment, but indicated that the most favourable option must be selected. As from 1 January 2010 until Kitty’s immigration, the monthly rental received per flat remained constant at R4 500. 5. Kitty made a capital loss of R400 000 in the 2010 year of assessment when she sold a property to her best friend. This was her only disposal during the 2010 year of assessment. Page 4 of 12 REQUIRED: Based on the information provided in part 1 only, calculate Kitty Scuffles’ South African taxable capital gain or assessed capital loss for the year of assessment ended 28 February 2011. Show detailed calculations and supporting reasons for each inclusion, exclusion or limitation. Ignore VAT. (20) PART 2 (18marks,54minutes) You can assume that Kitty did not earn any income of a South African source after her immigration. The following additional information is relevant up until the date of Kitty’s immigration: Employment Kitty was a full-time employee of Braby Ltd (“Braby”) until her immigration. Relevant information is as follows: R Basic salary (R39 727 x 6 months) 238 362 Medical scheme contributions (R1 600 x 6 months) 9 600 Kitty was the main member of the medical scheme, with her husband registered as her only dependant. Up until 31 August 2010 Braby paid 70% of her total monthly contributions of R1 600. All Kitty’s medical costs were covered by the medical scheme. Contributions to Braby Pension Fund (until 31 August 2010). 19 068 Kitty has always contributed 8% of her basic salary to this fund. Total contributionsnot claimed for income tax purposes up until 28 February 2010 amounted to R16 250. Lump sum received from Braby Pension Fund - paid to Kitty’s on 31 August 350 000 2010. Kitty has never received a lump sum from any fund during her lifetime. Part-time beauty consulting service Up until Kitty’s immigration, Kitty carried on a part time business as a beauty consultant. You obtained the statement of comprehensive income for this business for the period 1 March 2010 to 31 August 2010 from Kitty: Net fee income Interest earned on fixed deposit investment Less: Cash donation to a PBO (section 18A receipt was obtained) Net income for the period R 150 000 25 000 (6 000) 169 000 REQUIRED: Taking the relevant information of Part 1 into account and assuming that a taxable capital gain of R991 500arose during Kitty’s 2011 year of assessment from the disposals mentioned in Part 1, calculate Kitty’sSouth African normal tax liability for the 2011 year of assessment. Clearly show nil effects. (18) Page 5 of 12 QUESTION 3 (12marks, 36minutes) Lilly Green, aged 53, is ordinarily resident in South Africa. She created the Pond Trust on 1 August 2009 by way of donating a complex of townhouses with a market value of R1 500 000 to the Pond Trust. The complex of townhouses is rented out and the rental income that is not distributed is reinvested by the trustees in local shares and in money market funds. You may assume that the causal link between the reinvestment of the rental income attributable to the original donation of the complex of townhouses and the income of these investments (dividends and interest) has been broken. (In other words, there is no link between the original donation of the complex of townhouses and the dividends and interest earned by the trust.)The Trust is a resident trust. The trust deed provides for three trustees, namely Lilly, her husband Max Green (married out of community of property) and their accountant. The following relevant items are contained in the trust deed: 1. The beneficiaries of the Trust are: • Rose Green (28 years old) – Lilly’s oldest daughter, living permanently in Switzerland. • Palm Green (25 years old) – Lilly’s second daughter (a South African resident), married to Frik on 30 April 2009. • Bush Green (4 years old) – Lilly’s son (a South African resident). 2. The complex of townhouses must be rented out by the trustees to earn rental income. 3. Rose is entitled to receive an annuity of R5 000 per month paid pro rata out of the various net receipts and accruals of the Trust. 4. Lilly retained the right to name another beneficiary in Palm’s place at any time she wants, because she dislikes Frik and does not want him to obtain a share of the family assets. 5. Trustees may pay out any additional amounts during the year according to their discretion, pro rata out of the various net receipts and accruals of the Trust, to the beneficiaries. 6. The amounts not distributed must be reinvested by the trustees in local shares and in money market funds. Detail of the Pond Trust’s income and distributions for the 2011 year of assessment: Asset Nature of receipt / accrual Receipts and accruals Trustee remuneration Net receipts and accruals Annuities – Rose Distributions – Rose Distributions – Palm Distributions – Bush Retained in trust Total 100% 630,000 (25,000) 605,000 (60,000) (90,000) (150,000) (150,000) 155,000 Money market funds Interest 7% 40,000 Local shares Dividends 8% 50,000 40,000 (4,200) (6,300) (10,500) (10,500) 8,500 50,000 (4,800) (7,200) (12,000) (12,000) 14,000 Page 6 of 12 Complex of Townhouses Rentals 85% 540,000 (25,000) 515,000 (51,000) (76,500) (127,500) (127,500) 132,500 Rose, Palm and Bush received no other income other than their distributions from the Trust during the 2011 year of assessment. Excluding all amounts that are deemed to accrue to Lilly from the Trust, she received a salary of R400 000 for the 2011 year of assessment. REQUIRED: a) Calculate the normal tax payable by the Pond Trust for the 2011 year of assessment.Show all inclusions and exemptions separately and support your answer with reasons or references to the relevant sections of the Income Tax Act. Clearly indicate where an exemption is not applicable. b) Calculate the taxable income for the 2011 year of assessment of: i. Rose and ii. Lilly Show all inclusions and exemptions separately and support your answer with reasons or references to the relevant sections of the Income Tax Act. Clearly indicate where an exemption is not applicable. (12) Page 7 of 12 QUESTION 4 (12 marks, 36minutes) Green Innovation (Pty) Ltd (“Green Innovation”) is a company that was established in South Africa by the agricultural-, chemical- and engineering students of a South African university.Green Innovation manufactures bio-diesel, which is considered “fuel levy goods”for purposes of the VAT Actby means of a combination of mealie rice (qualifies as a zero rated supply) and the remanufacturing of used ethanol.The mealie rice is purchased from local farmers, who are all VAT-vendors, and the used ethanol (accept that it does not qualify as “fuel levy goods” for purposes of the VAT Act) is purchased from the Chemistry department of the university, which is not a VAT-vendor. Green Innovation is a Category B VAT-vendor.For purposes of this question, all amounts include VAT (where applicable).You can assume that Green Innovation (where applicable) is in possession of valid tax invoices for goods and services received and rendered.All transactions were incurred with registered VAT vendors, unless specifically mentioned otherwise. Income and expenses for the tax period ending 31 August 2011: Description Income: Sale of bio-diesel to local clients Sale of machine A to an Australian(assume correctly converted to rand) Expenses: Purchase of mealie rice Purchases of used ethanol from the Chemistry department at market value Purchase of barrels (to store bio-diesel in) Salaries Purchase of machine B Purchase of delivery vehicle Notes Amount 1 R91 200 R39 900 2 3 R34 200 R9 120 R12 540 R17 000 R67 200 ? Notes: 1. An Australian, who is also involved in the manufacturing of bio-diesel in Australia, purchased one of Green Innovation’s machines, namely machine A on 25 July 2011. Machine A was originally purchased as a second-hand machine from a South African non-vendor for R45 600 and Green Innovation claimed a deemed input tax of R5 600 thereon. Green Innovation had machine A shipped to the Australian and delivered in Australia. 2. Machine B was imported on 30 July 2011 from a Namibian supplier (not a VAT-vendor). It has a cost price and a customs duty value of R64 000 ($64 000 in Namibian dollars) and was purchased interest-free on credit. No import tax had to be paid. According to the purchase agreement, Green Innovationpaid the Namibian supplier by 31 October 2011. 3. On 12 August 2011, Green Innovation purchased a delivery vehicle from a local VAT-vendor. The ‘date of delivery’ was 15 August 2011. The vehicle is financed by a local bank in terms of an ‘instalment credit agreement’ of the VAT Act and ownership of the vehicle will only be transferred to Green Innovation after the final instalment has been paid. The sales agreement requires that Green Innovation makes a monthly payment of R5 000 (including capital and financing costs) for the next three years. Total financing costs will amount to R22 000. The first payment was made on31 August 2011. REQUIRED: Calculate(with brief reasons) the VAT owed to or by SARS with regard to Green Innovation (Pty) Ltd’s taxperiod ending on 31 August 2011.Clearly indicate (with reasons) where there are no VAT consequences. Indicate output and input tax separately. (12) Page 8 of 12 QUESTION 5 (8marks, 24minutes) You are the tax advisor of Lucky Luke (Pty) Ltd (“Lucky Luke”), a company that manufactures and sells toys.Lucky Luke is a Category A registered VAT-vendor and is situated in Durban. The company’s accountant approached you to help with the following VAT journals for the period stretching from 1 June 2011 to 31 July 2011: (5 marks) Journal entry 1: Fixed property (R770 000 + R5 100) Bank (R77 000 + R5 100) Creditors Dr 775 100 Cr Cr 82 100 693 000 Recording of the purchase of a shop on 4 June 2011 for R770 000 from a non-vendor living in Durban.Registration of transfer took place on 28 June 2011.On 28 June 2011, Lucky Luke has only paid a deposit of R77 000 and the transfer duty of R5 100. Journal entry 2: Diverse expenses VAT input account Bank (3 marks) Dr Dr 3 640 510 Cr 4 150 Recording of cash expenses incurred with regard to a cocktail function held for existing clients free of charge on 30 June 2011 in the new shop. REQUIRED: Provide the correcting journal entries where needed.Support your answer with the necessary reasons and calculations.Journal descriptions are not required. (8) Page 9 of 12 APPENDIXES Appendix A:Rates of Tax: 2011 Natural persons Taxable income Rates of tax R0 – R140 000 18% of each R1 R140 001 – R221 000 R25 200 + 25% of the amount above.............R140 000 R221 001 – R305 000 R45 450 + 30% of the amount above.............R221 000 R305 001 – R431 000 R70 650 + 35 % of the amount above............R305 000 R431 001 – R552 000 R114 750 + 38% of the amount above...........R431 000 R552 001 + R160 730 + 40% of the amount above...........R552 000 Retirement fund lump sum benefit Taxable income from Rates of tax lump sum Not exceed R300 000 0% of taxable income Exceed R300 000 but does R0 plus 18% of taxable income that exceed R300 000 not exceed R600 000 Exceed R600 000 but does R54 000 plus 27% of taxable income that exceed not exceed R900 000 R600 000 Exceed R900 000 R135 000 plus 36% of taxable income that exceed R900 000 Retirement fund lump sum withdrawal benefit Taxable income from withdrawal Not exceed R22 500 Rates of tax 0% of taxable income Exceed R22 500 but does R0 plus 18% of taxable income that exceed R22 500 not exceed R600 000 Exceed R600 000 but does R103 950 plus 27% of taxable income that exceed not exceed R900 000 R600 000 Exceed R900 000 R184 950 plus 36% of taxable income that exceed R900 000 Page 10 of 12 Annexure B: Par 26, 8th Schedule Proceeds > Total par 20 expenditure (or expenses cannot be determined) 20% of (proceeds less costs ≥1/10/01) Market value Time Apportionment IF MV is adopted &: Proceeds ≤ MV Valuation date value = Proceeds less par 20 expenses after 1 Oct 01 Effect: limit loss to Rnil Par 27, 8th Schedule Proceeds ≤ Total par 20 expenditure Determined the Market value on 1/10/01 Did not determine the Market value on 1/10/01 Par 20 expenses before 1 Oct 01 Time apportionment method >= Proceeds YES HIGHER OF Proceeds less par 20 expenses after 1 Oct 01 LOWER Market AND > Market value NO Time apportionment method Market value Page 11 of 12 Annexure C: Par 30, 8th Schedule: Time apportionment base cost P = R x B (A + B) Y = B + [(P- B) x N] T+N P1 = R1 x B1 (A1+B1) Y = B + [(P1 - B1) x N] T+N Page 12 of 12
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