Taxation

TAXATION EAB40303

TUTORIAL QUESTIONS - BUSINESS INCOME

1. A piece of land owned by 2 brothers Hin (teacher) and Jin (engineer) was disposed for a profit of RM1million.

The land was purchased in 2005 when a friend of Jin informed him of a sale advertisement in the newspaper. The brothers thought it would be good idea to build homes for their families and their children’s families upon their retirement. Hin withdrew money from his EPF while Jin withdrew money from his savings to pay for 70% of the purchase price. The remaining 30% was paid by a bank loan taken by the two brothers.

Two years after the purchase, the brothers were approached by a used car dealer who wished to buy the land. The brothers declined the offer to sell the land but agreed to rent it out to the used car dealer for a period of 3 years. Upon expiry of the tenancy agreement apportion of the land was planted with fruits which were distributed among the brothers; relatives and friends.

In July 2011,the land was sold in order to settle the debts owned by Jin as well as to pay for the overseas education of Hin’s children. This is the brothers’ first sale transaction of real estate.

Required:

Determine with brief explanations and by reference to the badges of trade, whether or not the profit from the above disposal is liable to income tax.

2. Explain with reasons whether the profits arising from the following transactions are liable to tax:

a. Yanni, an employee of a textile company and Shaza a director of a canned food manufacturing concern made some profits on the purchase and sale of 8 units of cotton spinning plant. This is the only time Yanni and Shaza dealt in a transaction of this nature. The units were sold to different purchasers. Expenses such as commission, advertising, insurance, repair travelling andentertainment were incurred in facilitating the sale.

b. Lou has varied business interests. While on a business trip overseas, he...