Ordinary Income Taxable Income Quiz

Questions and Answers

In the context of non-cash business benefits, which statement is accurate?

Non-cash business benefits can only be received by employees.

Taxpayers cannot claim non-cash benefits if they have no business dealings.

Non-cash business benefits must be treated as ordinary income.

Non-cash benefits are treated as convertible to cash regardless of their actual nature. (correct)

Which scenario best illustrates the principle of mutuality in relation to income?

Members of a fishing club pool their money for a trip and return any surplus to one another. (correct)

A community club earns income from external gambling operations.

An individual wins a lottery and receives a lump sum payment.

A person receives a regular salary for their work.

What characteristic defines periodic gains as income according to legal precedents?

They occur on a spontaneous basis without expectation.

They are considered gifts if not related to employment.

They must be received from a business entity.

They are regularly expected payments that substitute for wages. (correct)

How does the law treat winnings from gambling or lotteries?

They are classified as isolated receipts that do not constitute income. Signup and view all the answers

What is the relevance of illegal activities in terms of income assessment?

If systematic and intended to produce profit, they are regarded as income. Signup and view all the answers

Which factor is NOT essential when determining the ordinary income status of a payment received by an accountant for services rendered?

Voluntariness of the payment by the payer Signup and view all the answers

In the case of the retired bank officer receiving regular unsolicited payments, what aspect played a crucial role in the court's decision that these payments constituted income?

The payments were regular and expected to offset living costs Signup and view all the answers

Which of the following types of receipts is least likely to be considered ordinary income?

Receipts received as gifts after services have been rendered Signup and view all the answers

What was a significant conclusion from the Scott v FCT case regarding the payment made to the lawyer?

The payment was a gift and not related to work performed Signup and view all the answers

In the context of business income, which of the following must a receipt satisfy to be considered income?

It must demonstrate a connection to business activity Signup and view all the answers

Which of the following scenarios describes ordinary income based on the principle of convertibility?

Receiving monetary payments from a side job. Signup and view all the answers

In the Payne v FCT case, why were the frequent flyer points not considered ordinary income?

They could not be sold for cash or transferred easily. Signup and view all the answers

What was a crucial factor in determining whether the benefits received in the FCT v Cooke and Sherden case were ordinary income?

The ability to convert the benefits into cash. Signup and view all the answers

Which of the following statements best describes the impact of non-convertible benefits on tax obligations?

They may allow taxpayers to evade tax liabilities. Signup and view all the answers

Which characteristic does NOT contribute to defining ordinary income according to the general principles outlined?

One-time inheritances. Signup and view all the answers

What distinguishes the profit from a sale of leased equipment as ordinary income in the Memorex Pty Ltd v FCT case?

The sales of leased equipment were not common but still related to the business activity. Signup and view all the answers

In FCT v Myer Emporium Ltd, why was the transaction involving lending money to a subsidiary ruled as extraordinary rather than ordinary income?

It was a one-off transaction that deviated from normal business activity. Signup and view all the answers

What factor is critical in determining if a receipt is considered as income for a business?

The degree of connection between the receipt and business activity. Signup and view all the answers

In the FCT v Reynolds case, why was the profit from selling the leased truck considered ordinary income?

Selling the truck was incidental to the business of leasing. Signup and view all the answers

How did the court in FCT v Cooling determine the nature of the $162,000 lease incentive received?

It was classified as ordinary income because it resulted from a business-related operation. Signup and view all the answers

Study Notes

Taxable Income Calculation

Taxable Income is derived from Assessable Income minus Deductions.

Ordinary vs. Non-Ordinary Income

Ordinary income can be converted into money.
The principle of mutuality states mutual receipts are not considered income.
Periodical gains are classified as income if recurrent.
Windfall gains, such as lottery winnings, do not qualify as income.
Illegal receipts qualify as income if resulting from systematic and profit-oriented activities.

Convertible into Money

Only receipts convertible into money are ordinary income per common law.
Example: A Rolex watch given as a gift is ordinary income; a flight ticket is not if non-transferable.
FCT v Cooke and Sherden Case: Benefits not convertible into cash are not ordinary income.
Payne v FCT Case: Frequent flyer points considered non-convertible as they can't be sold.

Non-Cash Business Benefits (S 21A 1936 ITAA)

Applies only to businesses, not employees.
Non-cash benefits treated as though convertible to cash.

Principle of Mutuality

Mutual receipts, e.g., contributions to a group, are not considered income.
North Ryde RSL Community Club Ltd v FCT Case: Income from third-party sources, not club members, is ordinary income.

Periodical Gains as Income

Periodic, expected payments, even if not for services performed, can be considered income.
FCT v Dixon Case: Payments during military service declared as income despite asserting they were gifts.

Windfall Gains

Typically, gambling and lottery winnings are not categorized as income due to chance and isolation of the event.
Courts have held that such gains do not constitute ordinary income.

Receipts from Illegal Activities

Illegal or immoral source of income is unimportant; systematic income activities are taxable.
E.g., drug sales treated as ordinary income, highlighting legal and tax implications.

Ordinary Income Definition (S 6 - 5 1997 ITAA)

Includes income as per ordinary concepts, enveloping various categories like personal exertion, business, property income, and profits from isolated transactions.

Income from Personal Exertion

Directly related receipts, such as salary and bonuses, almost always considered income.
Reuter v FCT Case: Payment for services, despite being lower than originally promised, deemed ordinary income.
Incidental receipts, such as tips, can still be classified as income.

Types of Receipts in Personal Exertion

Receipts primarily linked to employment are most indicative of ordinary income.
Unrelated payments without a service connection are not considered ordinary income.
Scott v FCT Case: Payments made as gifts, after services are rendered, are considered non-assessable income.

Income from Business

Ordinary course business receipts and those incidental to it are ordinary income.
Memorex Pty Ltd v FCT Case: Selling leased equipment at a profit was linked to the taxpayer's business activity.
FCT v Myer Emporium Ltd Case: Extraordinary transactions made with the intention for profit still classified as ordinary income.

Lease Incentives

Incentives by landlords to attract tenants can be treated as ordinary income if connected to business activities.
FCT v Cooling Case: A lump-sum payment for signing a lease determined as ordinary income.

Income from Property

Gains from property use or enjoyment by others, e.g., rental income, is ordinary income.
Selling property can be either ordinary income or capital gains depending on the context of the transaction.
Capital receipts are typically not classified as income (e.g., mere realization).### Realisation and Income
No profit motive in realising land held for 73 years; classified as capital rather than income.
Taxpayer was a mining company selling land after exhausting coal resources; lack of business activity negated income classification.
Proceeds from asset sales considered ordinary income only if tied to a business venture.

FCT v Whitfords Beach Pty Ltd

1954: Land purchased for beach access, no intent to sell at acquisition.
1967: Company sold for $1.6 million after constitutional amendment allowing land subdivision.
Court ruled profit from sale considered income due to established profit-making intention post-amendment.

Realisation as Extraordinary Transactions

Capital asset realisation categorized as capital unless there’s a profit-making intention at acquisition.
Westfield Ltd purchased land intending to develop a shopping centre, later abandoned this plan.
Court determined sale proceeds of land were capital as the transaction wasn't part of ordinary business activities.

Miscellaneous Types of Receipts

Classifications: Restrictive Covenants, Compensation Payments, Undissected Lump Sums.

Restrictive Covenants

Payments tied to restrictive covenants, where rights are relinquished, generally classified as capital.
Dickenson v FCT (1958): Payments from exclusive trade agreements treated as capital, not ordinary income.
FCT v Woite 82: One-off payment tied to potential employment deemed capital. Income classification would arise if he played for the team.

Compensation Payments

Three categories: Loss of income/capacity, loss of capital assets, cancellation of business contracts.
Compensation for lost income typically classified as income, while capital asset loss results in capital classification.

Case Analysis on Compensation Payments

FCT v DP Smith: Doctor's indemnity payments deemed income due to periodic nature.
Glenboig Union Fireclay Co Ltd v IRC: One-off compensation for loss of mining rights classified as capital.

Cancellation or Variation of Business Contracts

Heavy Minerals Pty Ltd: Compensation for contract cancellation treated as income due to expected lost earnings.
Van Den Berghs Ltd: Compensation for terminating a fundamental business agreement classified as capital, due to its structural impact on operations.
Allied Mills Industries Pty Ltd: Compensation for terminated contract considered ordinary income, reflecting anticipated profits without involving capital assets.

Undissected Lump Sums

Often linked to damages or settlements arising from income loss or personal injury.
FCT v CSR Ltd: $100 million settlement deemed capital as it released potential non-capital claims associated with asbestos liabilities.

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Description

Test your understanding of ordinary income and taxable income calculations with this quiz. Covering key principles that differentiate between ordinary and non-ordinary income, it will help you grasp crucial tax concepts and apply them effectively.