It is a case decided by the Madras High Court in 2014. It dealt with the issue of differentiating between Business Income and Capital Gains with respect to share dealings. The Assessment year of the present case is 2005-06.
Facts:
a. The assessee was a trader in shares. The assessee was trading in two segments in stock exchange, viz., cash segment and Future and Options (F&O) segment. Admittedly, the assessee had two different portfolios one as investment and another as stock-in-trade. While profits from trading in cash market upto September 30, 2004, was offered to tax under the head 'Business ', similar gains subsequent to that date was offered to tax under the head 'Short term capital gains '.
b. The Assessing Officer viewed that on an average, the holding period of these shares ranged from 2 to 45 days or less.
c. The assessee had also taken funding for trading in securities and had shown the profits made through the funding as capital gains. Taking the view that the transactions made in cash segment from 1-10-2004 to 31-3-2005, were all executed in the normal course of business and not as investments, assessment was sought to be made as business income.
d. This was countered by the assessee that he had held the shares for earning dividend income and capital appreciation and he had also borrowed capital for the purpose of business.
e. The Assessing Officer held that the transactions during the period 1-4-2004 to 30-9-2004, were treated by the assessee as stock-in-trade
‘Cash and cash equivalents’ include certain short-term investments and, in some cases, bank overdrafts. Like IFRS, ‘cash and cash equivalents’ include certain shortterm investments, although not necessarily the same short-term investments as under IFRS. Unlike IFRS, bank overdrafts are considered a form of short-term financing, with changes therein classified as financing activities. The statement of cash flows presents cash flows during the period, classified by operating, investing and financing activities. Like IFRS, the statement of cash flows presents cash flows during the period, classified by operating, investing and financing activities. The separate components of a single transaction are classified as operating, investing or financing. Unlike IFRS, cash receipts and payments with attributes of more than one class of cash flows are classified based on the predominant source of the cash flows unless the underlying transaction is accounted for as having different components. Cash flows from operating activities may be presented using either the direct method or the indirect method. If the direct method is used, then an entity presents a reconciliation of profit or loss to net cash flows from operating activities; however, in our experience practice varies regarding the measure of profit or loss used. Like IFRS, cash flows from operating activities may be presented using either the direct method or the indirect method. Like IFRS, if
If value is 15% or more, basis must be allocated to the rights but only if rights are exercised or sold. The holding period runs from the date the original stock was acquired.
This transaction was effected pursuant to a Rule 10b5-1 trading plan adopted by the reporting person in
Facts of the case (Summary of facts of case and its journey to Supreme Court)
The matter was presented to the Administrative Appeals Tribunal (AAT) and AAT has different views on this matter and AAT considered the historical Cases and
BACKGROUND: Sue Growne, client G14159, is looking to purchase a tavern, which would include both realty and personality. So ReaLand CPA’s could better serve this client, I, Bobbi Paternico was tasked with researching the legal and tax options available to the client, based upon the entity utilized for the purchase and the method of purchase.
Block B consists of 3 similar units which have same construction costs of $750000, unit 1 and unit 2 were sold in the month of April for 950000 each while unit 3 was sold for 860000 in May. These events are taxed on the basis of s108-55(2) of ITAA97 which made the construction of new units a separate CGT event and the cost base is subtracted from the selling price to get to a gain/loss.
Counsel is asked to advise Mr Reginald Green who wishes to challenge an assessment of Capital Gains Tax by the HMRC. Mr Green contends that the gain benefits from the relief in section 222 of the Capital Gains Act 1992 (TCGA 1992), which states that no tax is payable if an individual disposes of his private residence.
Capital gains taxes are due whenever you sell an asset for a profit. For 2015 and 2016, the capital gains tax rate is 15% for people who fall into the 25%, 33% and 35% income tax brackets. People in the 39.6% tax bracket pay 20%.
2.) Issue: Which method will be applied; cash or accrual basis of accounting if Carl and Jill are carrying on a business for taxation law purpose.
This is a money which has been invested by owner or investor,and they are used used for setting up a new business or buying any kind of mid-long term equipment.Primary buying of stock can be made using capital income ,but for future any stock could be buying using the sale income.There are so many different sources of capital income and there are all available to a different type of business
The appeal is whether SRC Holdings Limited derived interest income due to it from News Limited during the year of income ended 30 June 2010. This is in the context of controlled foreign corporation provisions- Income Tax Assessment Act 1936.
During inflationary periods, a significant portion of capital appreciation represents at catch-up to higher prices as opposed to a real increase in income (Slemrod & Bakija, 2008). Therefore, if a taxpayer holds an investment for a significant period of time, the amount of gain realized on the sale of the investment may exceed the investment’s cost basis in terms of the actual dollars received, although a large portion of the gain being realized may be due to inflation as opposed to a true increase in the value of the investment (Jones & Sommerfeld, 1995).
Each jurisdiction has their different types and methods of imposing tax based on various kinds of capital assets. The tax on capital gains is also based on the time of holding the asset on their disposal. So, capital gains tax on the basis of time is mainly divided into two different categories which are named as the long-term period and the short term period. Generally, the holding period is calculated from the day when the