Banner v FCT_副本
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Accounting
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Nov 24, 2024
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Case study Week 7
Banner v FCT
[2023] 7 AAT 5725
Wayne Banner is a pharmacist in Mortdale. He operates a local Chemist in commercial shop premises
that has been passed down in the family.
Wayne inherited the shop premises from his aunt Jill when she passed away in late October 2013. Aunt
Jill’s dying wish was to help her favourite nephew get his business venture off to a good start. She
originally bought the shop in 1970 and used it as storage. The shop had a market value of $300,000
when she died.
In line with his aunt’s wishes Wayne started setting up the business once the title was transferred. Wayne
spent $35,000 in shop fittings, installed a new hot water system at a cost of $6,000 and spent $4,000 to
have harmful asbestos removed from the shed and shop yard.
Over time the business became a success, and Wayne was keen to enhance his financial position
through investment. He spent about six months carefully gathering relevant property market data
including relative rates of appreciation of property prices in different suburbs of Sydney, population
growth forecasts and socio/economic data regarding the residents in particular areas (i.e. average
income, age, etc). Wayne also sought information from real estate agents, his accountant and read a
substantial amount of literature of the 'Make a fortune by investing in property' kind.
On the basis of this information, Wayne now wants to sell the Mortdale property and relocate the Chemist
to bigger premises. A local sales agent advises Wayne he’ll be able to sell it in the current market for
about $500,000, and a willing buyer agreed to the price a week after being listed. The contract was
executed on 8 July 2022.
Wayne used the proceeds and a $300,000 business loan to purchase a new shop premises in Penshurst
for $750,000 plus relocation costs. Wayne renovated the shop and continued carrying on his business
in the new premises from mid-August 2022. Given the short geographical distance, Wayne was able to
retain most of his old clientele who were happy to travel to the new location.
Three months after opening the new shop, a real estate agent recommended that Wayne develop a
portfolio of Sydney property. Shortly after this conversation, Wayne purchased another commercial
property, this time in Miranda and a residential rental property in Cronulla. To finance the acquisition of
the latter two properties, Wayne borrowed $800,000.
Given recent high market uptake, property values were soaring. Wayne had his three properties valued
and was told they had gained sharp value increase. With dollar signs in his eyes, Wayne returned to his
property market research with considerable gusto. Wayne was keen to double his new wealth so that he
could work part time and spend more time surfing. At the same time, Wayne was keen to ensure that he
had a diversified portfolio as he had read about the risks of having too many eggs in the one investment
basket.
Page 2
He decided to sell the Chemist and concentrate solely on his portfolio investments. On 3 June 2023,
Wayne enters into a contract for the sale of a business. Under the contract, he was entitled to receive
three annual instalments of $350,000, with the first instalment being payable on 1 April 2023. The
contractual sum of $1,050,000 was attributed to the following items:
Inventory on hand
$75,000
Shop premises
$825,000
Goodwill
$150,000
Wayne used the proceeds and renewal of his previous debt facility to buy another a residential property
in Sydney for $750,000 and devoted the remaining $150,000 to share investments. At this point, Wayne's
total rental income from his property investments was $150,000 per annum, and his deductible expenses
were $180,000 per annum. However, the appreciation on these properties meant that Wayne was
making about $120,000 per annum in capital growth, after allowing for inflation.
After a data matching review with the NSW Land Titles Office, the ATO decides to review Wayne
Banner’s dealings given his recent accumulation in property ownership. All interactions and
correspondence with his advisers surfaced during their review and he was subsequently reassessed in
2023. The relevant land and business sales made during the year were assessed as ordinary income
under s 6-5 ITAA97. Wayne seeks to have this decision reviewed in the AAT.
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Hi expart Provide solution
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N9.
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Domestic
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Denger
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uired
Problem 8-71 (LO 8-4) (Algo)
[The following information applies to the questions displayed below.]
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