Advanced Taxation Republic of Ireland Sample Paper 3 Questions & Suggested Solutions 1 NOTES TO USERS ABOUT SAMPLE PAPERS Sample papers are published by Accounting Technicians Ireland. They are intended to provide guidance to students and their teachers regarding the style and type of question, and their suggested solutions, in our examinations. They are not intended to provide an exhaustive list of all possible questions that may be asked and both students and teachers alike are reminded to consult our published syllabus (see www.AccountingTechniciansIreland.ie) for a comprehensive list of examinable topics. There are often many possible approaches to the solution of questions in professional examinations. It should not be assumed that the approach adopted in these solutions is the only correct approach, particularly with discursive answers. Alternative answers will be marked on their own merits. This publication is copyright 2016 and may not be reproduced without permission of Accounting Technicians Ireland. © Accounting Technicians Ireland, 2016. Page 2 of 45 Sample Paper 3 INSTRUCTIONS TO CANDIDATES This paper has been updated to reflect changes introduced by Finance Act 2015 PLEASE READ CAREFULLY SECTION A Answer Question 1, 2, 3 in this section. ALL QUESTIONS ARE COMPULSORY SECTION B Answer any TWO of the four questions in this section Page 3 of 45 Sample Paper 3 SECTION A Answer Question 1, 2 and 3 in this section. All questions are compulsory. QUESTION 1 Compulsory (a) In the year of death how is income tax assessed on a married couple when the assessable spouse died during the year? 3 Marks (b) Matt Blake and his wife Sheila had been married for 20 years. They have always been jointly assessed with Matt the assessable person. They have two children Sinead aged 15 and Kevin aged 18. On 1st September 2016, Sheila died suddenly. Details of their income and outgoings for 2016 are as follows: Income (i) (ii) (iii) Sheila was employed by Jones Limited. Her salary from the 1 st January to date of death was €24,000 (PAYE deducted €3,100). She had the use of a company car which was first provided by her employer in 2013. The original market value was €36,000. Sheila travelled 18,200 km from 1st January to 31st August 2016. Sheila’s only other income was a dividend of €360 that she received in May 2016 from an Irish company Hill Limited. Matt is a self-employed printer. He has been in business since 1999. His results have been as follows:30th June 2015 ...... 30th June 2016 ...... 30th June 2017 ...... € 65,000 68,000 80,000 His tax written down value as at 1st January 2016 was as follows:€ Machinery ............ 56,250 Van ..................... 28,875 The machinery was purchased in July 2013 for €75,000. He purchased the van in May 2014 for €38,500, emissions 165 g/km. In August 2016, he sold the van for €10,000 and purchased a replacement van for €45,000, emissions 140 g/km. (iv) Matt’s only other income was rental income from a room that he let out in his home in September 2016. The rent paid to the 31st December 2016 was €3,000. Page 4 of 45 Sample Paper 3 QUESTION 1 (Cont’d) Outgoings – Matt (aged 42) 1. Full time college fees in an approved college on an approved course of €6,000 for his son Kevin. 2. Private medical insurance of €1,450. 3. Permanent health insurance paid in 2016 of €1,000. 4. Matt started a pension fund in 2017. His first premium of €5,000 was paid in February 2017. Requirement Calculate Matt’s income tax for 2016 claiming maximum reliefs. 17 marks Total 20 Marks Page 5 of 45 Sample Paper 3 QUESTION 2 Compulsory Boston limited is in the retail sector. The results for the company for the year ended 30th June 2016 are as follows: Notes € € Sales Cost of Sales Gross Profit Less: expenses Directors remuneration Directors pension contribution Staff costs Rent and rates Motor expenses Depreciation Bad debts Interest Legal and professional fees Net profit Other income 3,510,500 2,820,450 690,050 (a) (b) (c) (d) 80,000 30,000 159,500 240,000 25,220 25,000 16,100 11,710 11,000 598,530 91,520 185,850 277,370 (e) NOTES (a) Motor Expenses Van expenses ..................... Staff mileage ...................... Vans Parking fines ............... Running costs of: Managing Director’s Car Sales Managers Car ............. Lease rental – Managing Director’s Car ......................................... Managing Director’s Car Leased ......... 1st October 2015 Value ............... €30,000 Emissions ......... 165 g/km Private use ....... 25% Sales Director’s Car Purchased ... 1st February 2015 Cost ................ €30,000 Emissions ......... 125 g/km Private use ....... 20% Page 6 of 45 Sample Paper 3 € 8,150 2,400 320 3,500 4,650 6,200 25,220 QUESTION 2 (Cont’d) (b) Bad Debts Bad debts written off ........... Increase in general provision Increase in specific provision Bad debts recovered ............ ......................................... (c) € 10,000 4,600 2,500 (1,000) 16,100 Interest Interest on business bank overdraft Interest on late payment of VAT Interest on working capital loan ......................................... (d) Legal and professional fees Audit and accountancy ......... Disposal of shop .................. Drafting new employment contracts for staff ............................. ......................................... (e) Other Income € 3,650 1,560 6,500 11,710 € 4,800 3,250 2,950 11,000 € Dividends received from Irish resident companies .......................... Gain on sale of retail shop .... Rental income .................... ......................................... 1,600 194,250 (10,000) 185,850 Disposal of retail shop Due to a downturn in retail sales, the company sold one of its retail stores in May 2016 for €680,000. Legal fees on disposal amounted to €3,250. The shop was originally purchased in November 2001 for €480,000, legal fees on acquisition were €2,500. Rental Income The company let some excess space during the year. Due to large repairs, a loss of €10,000 arose. Page 7 of 45 Sample Paper 3 QUESTION 2 (Cont’d) (f) Capital allowances The opening tax written down values at 1st July 2015 were as follows:Cost € Sales director’s Car (note a) 30,000 Vans 130,000 Fixtures & fittings 80,000 TWDV € 21,000 81,250 50,000 During the year ended 30th June 2016, the company acquired and disposed of the following:Disposal Van Original cost Purchased 1st May 2013 Sales proceeds Acquisitions Replacement Van Computer equipment € 35,000 19,500 Cost 50,000 Emissions 160 g/km Cost (including Vat @ 23%) 81,180 (g) All figures exclude VAT unless otherwise indicated. (h) The year end of the company is June each year. Requirement (a) Calculate the company’s Case I profit (after capital allowances) for the year ended 30th June 2016. 12 Marks (b) Calculate the company’s corporation tax for the year ended 30th June 2016. 8 Marks Total 20 Marks Page 8 of 45 Sample Paper 3 QUESTION 3 Compulsory Charles Boland, aged 60, owns a number of rental units. On 1st February 2016, he transferred one of the rental units to his son, Andrew for €480,000. This unit had been acquired by Charles on 1st September 2000 for €350,000. Costs of acquisition were €5,000. It was extended in 2002 at a cost of €125,000. The market value of this unit in February 2016 was €900,000. Charles inherited two paintings from his uncle Harry in 2002. Details as follows: Painting A Painting B Purchase date Cost 10/08/1993 16/05/1995 € 350 3,100 Market value 2002 € 1,800 3,500 In May 2016, Charles gave painting A to his nephew, the market value in May 2016 was €2,600 and he sold painting B for €2,000. In December 2016, Charles sold 1,500 shares in X plc for €120,000. His previous dealings in X plc had been: - 1/05/1997 1/02/2002 purchased 500 shares for €35,000. purchased 2000 shares for €60,000. Charles is single. Requirement (a) Calculate Charles capital gains tax for 2016, showing separately the tax to be paid at each payment date. 16 Marks (b) Do the Capital Gains Tax withholding tax provisions apply to any of Charles disposals. If so, state which disposals and why the provisions apply. 4 Marks Total 20 Marks Page 9 of 45 Sample Paper 3 SECTION B Answer any TWO of the four questions in this section. QUESTION 4 Bath Ltd. Bath Ltd. manufactures and supplies fitted bathrooms. The company’s sales (exclusive of VAT) for the two month period July / August 2016 was €350,000. This is broken down as follows: € • Sales direct to private homeowners (Note 1) 60,000 • Sales to retailers 290,000 • Total 350,000 Note 1 The sales to private homeowners included a labour charge for installing the bathrooms, details as follows:• • • Sales where the of the total sum Sales where the of the total sum Total cost of the bathroom equipment accounted for 75% charged 45,000 cost of the bathroom equipment accounted for 55% charged 15,000 60,000 In addition, a van and a motor car were sold in this period for €10,000 and €3,000 respectively. The VAT rate applicable to goods was 23% and the supply of services was 13½%. Bath Ltd’s outgoings for this period were as follows. All figures are inclusive of VAT at 23%. € Purchase of van 15,000 Car lease rental (car used 50% for business) 420 Diesel for van 500 Car repairs 450 Petrol for cars 250 Purchase of raw materials 25,000 To celebrate fifty years in business the company made gifts to customers of 100 calculators costing €8.50 each, and 60 TV’s costing €250 each. Bath limited purchased these items in July 2016. No customer received more than one gift. Page 10 of 45 Sample Paper 3 QUESTION 4 (Cont’d) Requirement: (a) Compute the VAT payable by Bath Ltd. for the period July / August 2016. 13 Marks (b) State the latest date by which this return must be filed and the VAT paid to the Revenue. 2 Marks Explain the VAT treatment of (i) Composite supplies 3 marks (ii) Multiple supplies 2 marks Total 20 Marks (c) Page 11 of 45 Sample Paper 3 QUESTION 5 (a) James Madden owns several properties which he lets. Details of his income from these properties and the letting terms are as follows:Property A: Residential Let on a 21 year lease expiring on the 31st October 2017, at an annual rent of €12,000. The tenants had only paid rent of €10,000 to 31st December 2016. Property B: Residential Acquired on the 30th of April 2016, and let for the first time on the 1st of November 2016, on a 10 year lease at a full annual rent of €21,000. A bank loan was raised to help purchase the property and interest of €8,000 was paid to 31st December 2016. Both property A and B were correctly registered with the Private Residential Tenancies Board. Property C: Commercial Let at a full annual rent of €6,000 under a 7 year lease which expired on the 30th April 2016. The property was vacant until the 1st of October 2016 when it was let again on a 21 year lease at a full rent of €12,000 per annum and a premium of €25,000. During the year ended 31st of December 2016, the following expenses were incurred:Property B 31st May 30th September 31st December Dry rot repairs Widow broken by vandals Storm damage € 650 80 235 Property C 20th April 31st July 20th September Blocked drains Painting Advertising for tenant 90 700 130 Page 12 of 45 Sample Paper 3 QUESTION 5 (Cont’d) Requirement: Compute James’ Schedule D, Case V income for 2016. 10 Marks (b) Green Limited is a small distribution company. It has prepared an 18 month accounting period to the 30th June 2016. Details of the companies income is as follows:€ Case I adjusted before capital allowances 360,000 Case V 72,000 Fixed assets The company purchased six vans for €30,000 each on the 1st July 2015, emissions 145g/km. All other assets are leased. Requirement: Compute the corporation tax liabilities of Green Limited for all of the periods covered by the companies 18 month accounting period to 30 th June 2016. 10 Marks Total 20 Marks Page 13 of 45 Sample Paper 3 QUESTION 6 The following multiple choice question consist of TEN parts, each of which is followed by four possible answers. There is only one correct answer. Requirement Indicate the correct answer to each of the following TEN parts. 1 2 Michelle and Max are married. Michelle stays at home to look after her two children Owen and Lily. She works part time three mornings a week. Her salary is €6,000. What is the carer’s credit available for 2016? (a) Nil as Michelle has income. (b) Nil as her income exceeds the limit of €5,080. (c) €350. (d) Full credit as her income is below €6,700. Peter Jones is self employed. He purchased a car for business use in May 2013, cost €26,000 (emissions 145 g/km). He sold the car in August 2016 for €15,000. Peter’s year end is the 30th June each year. Peter’s balancing position for this car is: (a) Balancing allowance in 2016 of €4,154. (b) Balancing allowance in 2016 of €3,000. (c) Balancing allowance in 2016 of €1,154. (d) Balancing charge in 2016 of €6,000. Page 14 of 45 Sample Paper 3 QUESTION 6 (Cont’d) 3 4 Noble Limited is owned equally by two brothers, Gary and Ken Noble. In 2015 Gary and Ken lent the company €20,000 each to be used by the company for trade purposes. The company paid 8% interest on the loan. The issued share capital of the company is 20,000 €1 ordinary shares. What is the interest allowed as an expense in the accounts of Noble Limited for the year ended 31st December 2016? (a) None (b) €3,200 (c) €2,600 (d) € 600 Lorraine Kelly sold all her shares in Ormonde Limited in July 2016 for €6 a share. The following outlines the shares she held in the company: 1/1/1999 She purchased 1,500 shares for €3,750 1/10/2001 She purchased 3,000 shares for €11,550 In May 2003 she sold 1,600 shares for €4.10 a share. What is Lorraine’s capital gains tax for 2016? 5 (a) €1,737 (b) €1,318 (c) €1,198 (d) €1,579 Hainsworth Limited’s year end is 31st December each year. On the 24th May 2016 they paid out a dividend to their shareholders. When must the company pay the Dividend withholding tax to the Revenue? (a) 21st November 2016 (b) 21st June 2016 (c) 14th June 2016 (d) 14th January 2017 Page 15 of 45 Sample Paper 3 QUESTION 6 (Cont’d) 6 7 8 Ross Callanan is self-employed. He has been in business for many years. Due to the downturn he made a loss in his accounts for the year ended 31 st March 2016. He wishes to reduce his total income in his income tax computation for 2016 under Section 381. What is the taxpayer’s time limit for election under this section? (a) 31st October 2017 (b) 31st December 2018 (c) 31st October 2016 (d) 31st March 2018 Deirdre Breslin commenced to trade on the 1 st July 2015. Her year end is 30th June each year. She wishes to elect for her taxpayer’s option under Section 66 to have her tax adjusted profits for third year of assessment reduced based on a year 2 revision. What is her time limit, if any, for election? (a) None (b) 31st October 2018 (c) 31st October 2017 (d) 31st December 2016 Maguire Limited has a year ended the 31st October each year. In the year ended 31st October 2016 they have made a trade loss. Under Section 396 (A) they want to carry this loss back to the year ended 31st October 2015 and reduce trading income liable at the standard rate. What, if any, is the company’s time limit to elect under this section? (a) 31st October 2017 (b) 21st July 2017 (c) 21st September 2016 (d) 31st October 2018 Page 16 of 45 Sample Paper 3 9 Peter Jones received the following benefits from his employer during 2016. 1. His employer paid his golf subscription of €1,200. 2. He had the private use of a company van with an original market value of €30,000. He travelled 34,000 business km in 2016. 3. His employer lent him €50,000 on the 1st of July 2016 at 3% interest rate. Peter used this money to improve his main residence. What is Peter Jones BIK for 2016? (a) €2,950 (b) €6,850 (c) €7,100 (d) €3,300 10 What is the rate of VAT to be applied to non-oral drugs:(a) Exempt (b) 23% (c) Zero (d) 13.5% Total 20 Marks Page 17 of 45 Sample Paper 3 QUESTION 7 (a) Carmen Lopez is Spanish. She came to Ireland in March 2016. What income is she liable to Irish taxation on in 2016? Please explain your answer fully. 5 Marks (b) Anna Moraczewska is Polish. She came to Ireland in May 2010. What income is she liable to Irish taxation on in 2016? Please explain your answer fully. 5 Marks (c) Peter Masterson is Irish. He left Ireland in November 2015 to work in Canada. What income is he liable to Irish taxation on in 2016. Please explain your answer fully. 5 Marks (d) Joseph Morris is Irish. He has been working in Spain for the last five years. In May 2016 he returned to work in Ireland. What income is he liable to Irish taxation on in 2016? Please explain your answer fully. 5 Marks Total 20 Marks Page 18 of 45 Sample Paper 3 Advanced Taxation (Republic of Ireland) Sample Paper 3 – Suggested Solutions Page 19 of 45 Sample Paper 3 Solution 1 (a) (b) When the assessable spouse dies, there will be two tax computations to deal with the year of death. 1. Joint assessment from 1st January to the date of death to include the income of both spouses from 1st January to date of death. The full married credit and lower rate band will be allowed in this joint assessment. 2. The surviving spouse will be assessed for the period from the date of death to 31 st December. The surviving spouse is entitled to the full widowed credit, which in year of death is equal to the amount of the married credit. Also, the widowed person will be entitled to the full single bands. There will be no tax relief for children until the tax year after death. As the non-assessable spouse has died, there is only one tax computation for the year of death. There will be a joint assessment computation for the year of death taking in the assessable spouse’s full income and the deceased spouse’s income to the date of death. The full married rate bands and credits are granted in the year of death. Matt Blake Joint Assessment Income Tax Computation - 2016 Notes Schedule D – Case I Schedule D – Case V Schedule E 1 2 3 53,812 29,760 Schedule F 360/80 x 100 Retirement annuity Statutory Income PHI 450 84,022 (5,000) 79,022 (1,000) 78,022 4 Page 20 of 45 Sample Paper 3 € Solution 1 (Cont’d) € 67,600 @ 20% = 10,422@ 40% = 78,022 Less: Married credit Earned Income Credit PAYE credit College fee €6,000 - €3,000 @ 20% Tax liability PAYE deducted DWT €450 @ 20% Tax due € 13,520 4,168 17,688 (3,300) ( 550) (1,650) (600) 11,888 (3,100) (90) 8,698 *As Sheila’s income of €29,760 was greater than €24,800, Matt can avail of a standard rate of €42,800 + €24,800 = €67,600 Notes 2016 basis period 30th June 2016 €68,000 Capital allowances Basis period : 1/7/15 to 30/06/16 The addition/disposal of the van is not relevant as they do not take place during the basis period for 2016 (1 July 2015-30 June 2016) 2016: Capital Allowances TWDV – 1/1/2016 Wear & Tear TWDV – 31/12/2016 Machinery € 56,250 9,375 (W1) 46,875 Page 21 of 45 Sample Paper 3 Van € 28,875 4,813 (W2) 24,062 Solution 1 (Cont’d) Workings 1. Machinery Cost €75,000 Wear & Tear @ 12 ½ % = €9,375 2. Van Cost €38,500 Wear & Tear @ 12 ½ % = €4,813 Summary Machinery Van €9,375 €4,813 €14,188 1. Matt : Schedule D – Case I 2016 €68,000 Less: capital allowances €14,188 €53,812 2. Schedule D – Case V The rental income is exempt due to the rent a room relief. 3. Schedule E Annual km 18,200 x 12 = 27,300 km per annum 8 The percentage reduction for 27,300 km is 24%. Page 22 of 45 Sample Paper 3 Solution 1 (Cont’d) €36,000 x 24% x 8 = €5,760 12 Schedule E – 2016 Salary €24,000 B.I.K € 5,760 €29,760 4. Retirement annuity Matt is entitled to tax relief in 2016 as the premium was paid before 31st October 2017. Relevant earnings Schedule D – Case I €53,812 Maximum relief @ 25% €53,812 x 25% = €13,453 Limited to the premium paid of €5,000 5. Tax relief for the private medical insurance is received at source. Page 23 of 45 Sample Paper 3 Solution 2 (a) Boston Limited Case I Computation Year ended 30th June 2016 Net profit per accounts Addbacks Depreciation Motor expenses Bad debts Interest on late payment of VAT Legal fees on disposal of shop Deductions Capital allowances Case I Notes (1) (2) (3) Page 24 of 45 Sample Paper 3 € 25,000 4,040 4,600 1,560 3,250 € 91,520 38,450 129,970 41,750 88,220 Solution 2 (Cont’d) (b) Boston Limited Corporation Tax Computation Year ended 30th June 2016 Notes Case I Case V Income Gain Profits €88,220 @ 12 ½ % €401,998 @ 12 ½ % (4) (5) = = 11,028 50,250 61,278 Page 25 of 45 Sample Paper 3 € € 88,220 Nil 88,220 401,998 490,218 Solution 2 (Cont’d) Workings 1. Motor expenses Fines Lease rental € 320 3,720 4,040 Lease rental Managing Director’s Car-Category D/E Disallow: €6,200 x = €3,720 2. Bad debts Increase in general provision is an addback Page 26 of 45 Sample Paper 3 Solution 2 (Cont’d) 3. Capital allowances Car TWDV – 1/7/2015 Additions Disposal Wear & Tear TWDV – 30/06/2016 Fixtures & Fittings € € € 21,000 81,250 50,000 50,000 66,000 (a) nil (21,875)(b) nil 21,000 109,375 116,000 (3,000) (c) (18,125) (d)(18,250) (e) 18,000 91,250 97,750 (a) Addition – Fixtures and Fittings 81,180 x 100 = €66,000 123 (b) Disposal – Van Original Cost Wear & Tear – 30/06/13 TWDV – 30/06/13 Wear & Tear – 30/06/14 TWDV – 30/06/14 Wear & Tear – 30/06/2015 TWDV – 30/06/2015 € 35,000 (4,375) 30,625 (4,375) 26,250 (4,375) 21,875 Page 27 of 45 Sample Paper 3 Vans Solution 2 (Cont’d) (c) Car – Wear & Tear Cost Limit Wear & Tear (d) Vans – Wear and Tear €30,000 €24,000 €3,000 Opening cost Less: Cost of disposal Add: Cost of addition € 130,000 (35,000) 50,000 145,000 Wear & Tear 12 ½ % 18,125 (e) Fixtures – Wear & Tear Opening cost Add: Cost of additions Wear & Tear 12 ½ % € 80,000 66,000 146,000 18,250 (f) Balancing position on sale of van € Sales proceeds 19,500 TWDV 21,875 Balancing allowance 2,375 Page 28 of 45 Sample Paper 3 Solution 2 (Cont’d) Summary Wear & Tear € Car 3,000 Van 18,125 Fixtures & Fittings 18,250 Balancing allowance 39,375 2,375 41,750 4. The Case V loss can only reduce Case V income. The company can carry it back to a previous period of corresponding length to reduce Case V income only. If there is any remaining, it will be carried forward to reduce Case V income of a future period. 5. Gain Sales proceeds Less: legal fees on disposal 2001 Cost Legal fees € 680,000 (3,250) 480,000 2,500 482,500 x 1.087 Gain as adjusted (524,478) 152,272 152,272 x 33/12.5 = €401,998 6. The dividends received from other Irish companies is franked investment income and exempt. Page 29 of 45 Sample Paper 3 Solution 3 (a) Rental unit Sales proceeds = market value €900,000 00/01 €350,000 + €5,000 = €355,000 €355,000 x 1.144 2002 €125,000 x 1.049 Gain €406,120 €131,125 €362,755 Painting A Sales proceeds = market value 2002 €1,800 x 1.049 Gain € € € Tax @ 33% 2,600 1,888 712 €235 Marginal relief ½ (€2,600 - €2,540) = €30 Painting B Deemed sales proceeds Cost 2002 Loss €2,540 €3,500 € 960 Page 30 of 45 Sample Paper 3 Solution 3 (Cont’d) Shares in X plc 1/05/1997 1/02/2002 Number 500 2000 Cost € 35,000 60,000 Holding 1 (500 shares) Sales proceeds €120,000 x 500/1500 97/98 €35,000 x 1.232 Loss €40,000 €43,120 (€3,120) Actual position Sales proceeds Cost 97/98 Gain €40,000 €35,000 € 5,000 Therefore a no gain/no loss- NGNL Holding 2 (1,000 shares) Sales proceeds €120,000 x 1000/1500 Cost 2002 €60,000 x 1000/2000 = €30,000 x 1.049 €80,000 €31,470 €48,530 Page 31 of 45 Sample Paper 3 Solution 3 (Cont’d) Disposals – 1/01/16 to 30/11/16- Initial Period Rental unit €362,755 Less: Loss on painting B Annual exemption (€960) ( €1,270) €360,525 Tax at 33% Plus: Tax on painting A €118,973 € 30 €119,003 Tax due on 15th December 2016 Disposals – 1/12/16 to 31/12/16- Later Period Shares €48,530 Tax at 33% = €16,015 Tax due on 31st January 2017 (b) The withholding tax applies to all disposals of specified assets where the proceeds exceed €500,000. In Charles’ case, the withholding tax provisions apply to the rental unit as it is a building in Ireland and the market value exceeds €500,000. Page 32 of 45 Sample Paper 3 Solution 4 (a) Bath Ltd. Computation of VAT Payable July / August 2016 Notes Output VAT Direct sales to private homeowners Sales to retailers Sale of van Sale of car Self supply T1 Less Input VAT Purchase of van Car lease rental Diesel for van Car repairs Petrol for car Raw materials Calculator’s TV’s T2 T3 VAT payable 1 2 3 4 5 12,375 66,700 2,300 2,805 6 7 8 9 10 11 12 13 (2,805) ( 93) ( 42) (4,675) ( 159) (2,805) (10,579) 73,601 Page 33 of 45 Sample Paper 3 € 84,180 Solution 4 (Cont’d) Notes 1. €45,000 at 23%* €15,000 at 13.5% 2. € 10,350 2,025 12,375 * As the cost of materials exceed 66.67% of the total charged to the customer, it is deemed to be a supply of goods (⅔rds rule). € 290,000 x 23% = 66,700 3. €10,000 x 23% 4. No input credit entitlement – no output VAT. 5. As the VAT exclusive cost of each TV exceeds €20 Bath Ltd must account for VAT. Note cost of €250 is inclusive of VAT at 23%. 60 TVs x €250 = €15,000 Gross VAT €15,000 x 23 = € 2,805 123 6. 7. = = = 2,300 No VAT liability arises on the gift of the calculators as their individual cost is less than €20 VAT exclusive. € €15,000 x 23 = 2,805 123 Not entitled to an input credit for the VAT element of car leasing, as the car is not used 60% for business. Page 34 of 45 Sample Paper 3 Solution 4 (Cont’d) 8. €500 x 23 123 9. €450 x 23 123 = €84 x 50% = 93 = 42 10. Not entitled to an input credit for the VAT element of petrol. 11. €25,000 x 23 123 = 4,675 12. Calculators 100 x €8.50 = €850 €850 x 23 123 = 159 13. TV’s 60 x €250 = €15,000 €15,000 x 23 123 = 2,805 (b) The return must be filed and the VAT paid by the 23rd of September 2016. (c) (i) In the case of composite supply, i.e. where there is a principal element to which the other elements are ancillary, the VAT rate applying for the composite supply will be the VAT rate applying to the principal element. Page 35 of 45 Sample Paper 3 Solution 4 (Cont’d) The following are some examples of a composite supply: Note exam question did not ask for examples so the following is for information only. The supply of a mobile phone (23% VAT) with an instruction booklet (Zero rate of VAT). The instruction booklet is clearly for the better enjoyment of the mobile phone and is clearly ancillary to it. The rate applicable to the principal supply is 23% and this rate applies to the entire supply including the instruction booklet. The purchase or lease of computer programmes to perform a specific function coupled with specific training on how to operate and access the system as an integral part of the overall deal. The leasing of the equipment (23% VAT) is the principal supply and the provision of training (Exempt from VAT) is ancillary, accordingly the 23% rate will apply to the overall transaction. (ii) In the case of multiple supplies i.e. where a number of individual supplies are made together for a single overall consideration, and each of the supplies are physicially and economically dissociated from each other, the consideration should be apportioned between the various supplies involved, and each supply will be taxed at the appropriate rate of VAT. The following are examples of a multiple supply: Note exam question did not ask for examples so the following is for information only. The sale of food hampers which contain goods which if sold separately would be taxable at the zero, 9 and 23 per cent rate. Under the new rules each of the differently rated elements is taxed as an individual supply at the rate appropriate to it. The consideration must be apportioned so as to reflect the taxable amount applicable to each VAT rate. A meal made up of food together with a soft drink or wine is sold for a single price. The food is liable to VAT at the rate of 9% whereas the soft drink or wine is liable at the 23% rate. Under the new rules such a meal is taxed as a multiple supply as each of the parts of the meal are physically and economically dissociable from one Page 36 of 45 Sample Paper 3 another. Accordingly, the total consideration payable should be apportioned so that the food element is taxed at the 9% rate and the drink at the 23% rate. A car repair service is provided at the same time as the fitting of a set of tires for a single consideration. As the supply of car tires does not normally form part of the repair service and the supply of tires would be regarded as a multiple supply. Both supplies are physically and economically dissociable from each other. In these circumstances the consideration should be apportioned so that the service is taxed at the 13.5% rate and the tires at the 23% rate. Page 37 of 45 Sample Paper 3 Solution 5 (a) Property A Rent €12,000 Property B Rent €21,000 x 2/12 = Less: Expenses Interest €8,000 x 2/8 x 75% Repairs €3,500 €1,500 €235 €1,765 Pre letting expenses are not allowed Property C Rent €6,000 x 4/12 = €12,000 x 3/12 Premium €25,000 – (€25,000 x 21-1) = 50 Less: expenses Repairs €90 + €700 Advertising €2,000 €3,000 €5,000 €15,000 €20,000 €790 €130 €19,080 Between letting expenses are allowed. Page 38 of 45 Sample Paper 3 Solution 5 (Cont’d) James Madden Case V Income – 2016 € 12,000 1,765 19,080 32,845 Property A Property B Property C (b) As the company has prepared its accounts for 18 months the period will be divided into two accounting periods for corporation tax purposes, the first of which is for the first12 months duration: Notes Case I Less: Capital allowances 1 2 Case V 3 Corporation tax: Year ended 31st December 2015 €217,500 at 12½% € 48,000 at 25% = = 27,188 12,000 39,188 Period ended 30th June 2016 €108,750 at 12½% € 24,000 at 25% = = 13,594 6,000 19,594 Page 39 of 45 Sample Paper 3 Year ended Period ended 31st December 30th June 2015 2016 € € 240,000 120,000 22,500 11,250 217,500 108,750 48,000 24,000 265,500 132,750 € Solution 5 (Cont’d) Notes: 1. Case I income is apportioned over the two periods on a time basis: €360,000 x 12/18 = €240,000 €360,000 x 6/18 = €120,000 2. Capital allowances Ap 12 months to 31st December 2015 Additions: Vans €30,000 x 6 Wear and tear €180,000 x 12½% = €180,000 = € 22,500 Ap 6 months to 30th June 2016 €180,000 x 12½% = €22,500 x 6/12 = € 11,250 3. The Case V income is apportioned over the two periods on a time basis. €72,000 x 12/18 = €48,000 €72,000 x 6/18 = €24,000 Page 40 of 45 Sample Paper 3 Solution 6 1. (c) ½ (6,000 – 5,080) = €460 €810 - €460 = €350 2. May 2013 – 30th June 2013 – 2013 August 2015 – 30th June 2016 – 2016 2013 Addition Tax Cost Wear & Tear TWDV – 31/12/2013 SL- 12 ½ % € 26,000 24,000 (3,000) 21,000 2014 Wear & tear TWDV – 31/12/2014 (3,000) 18,000 2015 Wear & Tear TWDV – 31/12/2015 (3,000) 15,000 2016 Disposal 15,000 Balancing position 2016 Sales proceeds 15,000 x 24,000/26,000 = €13,846 TWDV €15,000 Balancing allowance €1,154 (c) Balancing allowance in 2016 of €1,154 Page 41 of 45 Sample Paper 3 Solution 6 (Cont’d) 3. Allowed as a tax deduction is the lower of:(i) (ii) (c) 13 % of €40,000 = €5,200 or 13% of €20,000 = €2,600 €2,600 4. Number 1/1/99 1/10/2001 1,500 3,000 Cost € 3,750 11,550 Shares remaining after the disposal in May 2003 1/10/2001 2,900 Sales proceeds 2,900 x €6 2001 €11,165 x 1.087 Less: annual exemption Tax @ 33% 11,165 17,400 12,136 5,264 1,270 3,994 1,318 (b) €1,318 5. (c) 14th June 2016 6. (b) 31st December 2018 7. (b) 31st October 2018 8. (d) 31st October 2018 Page 42 of 45 Sample Paper 3 Solution 6 (Cont’d) 9. (i) (ii) (iii) Golf subscription Van €30,000 x 5% €50,000 x (4% - 3%) x 6/12 (a) €2,950 10. (b) 23% Page 43 of 45 Sample Paper 3 €1,200 €1,500 € 250 €2,950 Solution 7 (a) Resident: Carmen is resident in Ireland for 2016 as she spent 183 days in Ireland in 2016. Ordinarily resident: Carmen is not ordinarily resident in Ireland for 2016 as she has not spent three complete tax years in Ireland. Domicile: Carmen has a Spanish domicile. For 2016 Carmen is resident, not ordinarily resident and not domiciled in Ireland, She will be liable to Irish income tax on her Irish income and foreign income remitted to Ireland. (b) Resident: Anna is resident in Ireland for 2016 as she spent at least 183 days in Ireland in 2016. Ordinarily resident: Anna is ordinarily resident in Ireland in 2016 as she has three complete tax years in Ireland. Domicile: Anna has a Polish domicile. For 2016 Anna is resident, ordinarily resident and not domiciled. She will be liable to Irish income tax on her Irish income and foreign income remitted to Ireland. (c) Resident: Peter is not resident in Ireland in 2016 as he spends no days here. Ordinarily resident: Peter is ordinarily resident in Ireland in 2016. He remains ordinarily resident for three tax years after he leaves. Domicile: Peter has an Irish domicile. Page 44 of 45 Sample Paper 3 Solution 7 (Cont’d) For 2016 Peter is not resident, ordinarily resident and domiciled. He is liable on his worldwide income with three exceptions:(i) (ii) (iii) Employment income from an employment all of the duties of which are carried on outside Ireland. Trading or professional income from a trade or a profession, no part of which is carried on in the State. Foreign investment income which does not exceed €3,810. (d) Resident: Joseph is resident in Ireland for 2016 as he spent 183 days in Ireland for this year. Ordinarily resident: Joseph is not ordinarily resident in Ireland for 2016 as he has not yet spent three complete tax years here. Domicile: Joseph has an Irish domicile. For 2016 Joseph is resident and domiciled but not ordinarily resident in Ireland. His liability to Irish tax for 2016 is on his Irish and worldwide income. Page 45 of 45 Sample Paper 3
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