Readings for week ten
Structure of the Fiji income tax system.
ss.104, 105, 107, 121, 106, 110
ss.6, 36, 37, 35, 34, 8, 16, 17, 18, 109, 21(3), 22(2), 28, 29
Clowes v FRCA
Herbet and Herbet v FRCA
ss.15, 16, 22(1)(b), 1
Readings for week nine
This week I continue outlining the structure of the tax/es on income under the ITA.
ss.20(1), 14(2)(a), 115, 24, 25, 30, 10(1), 12, 113, 11, 10.
This week we may also get started on the structure of the Fiji income tax system.
Readings for week five
Ushers Wiltshire Brewery Ltd v Bruce
Fiji Sugar Corp Ltd v CIR
Jamnadas v CIR
FCT v Finn
Strong & Co Ltd v Woodifield
Smiths Potato Crisps Ltd v CIR
Mallalieu v Drummond
Sweetman v CIR
Vallambrosa Rubber Co Ltd v Farmer
Readings for week two
Californian Copper Syndicate v Harris
Punjab Co-op Bank v ITC Lahore
G.P. International Pipecoaters Ltd v FCT
CIG Fiji Ltd v CIR
CIR v C. (Roose) Fiji Limited
Van den Berghs Ltd v Clark
Glenboig Union Fireclay Co Ltd v CIR
Readings for week six
Rhodesia Railways Ltd v CT
The Law Shipping Co Ltd v CIR
Odeon Associated Theatres Ltd v Jones
St Lucia Usines and Estates Co Ltd v Colonial Treasurer
Southern Railway of Peru Ltd v Owen
Southern Pacific In
Readings for week three
This week I want to initially complete the discussion of income of a business and then start
on the topic of income from property.
Sothern-Smith v Clancy
Scoble v Sec State
Egerton-Warburton v DFCT
IRC v Church Commissioners
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Readings for week twelve
income from property
ss.18, 19, 10, 112, 113, 115, 124, 125
Kelton Investments Limited v CIR
Plimmer v CIR
McClelland v CT
CIR v Ah Koy
AF308 2016 Tut Two
This tut concerns the concept of income and more particularly income from employment or a
For the purposes of this tut presume we have a fairly simple ITA which provides that tax is to
be levied on each taxpayer by reference t
AF308 2016 Tut Three
Read again the decision in Glenboig Union Fireclay Co Ltd v CIR.
What are the material facts?
What is the dispute?
What are the reasons and decision of the court?
Can we draw any general principle/s from the case concerni
AF308 2016 Tut One
As I noted in class, the basic structure of an income tax is very simple. We select a tax period.
(Typically this is a year.) We then calculate a taxpayers aggregate net income for the tax period.
Tax is then levied on the aggregate net
Readings for week eight
This week we commence the second part of the course in which we do a fairly detailed study
of a particular income tax. The particular tax is the tax (taxes) on income in Fiji.
In this second part of the course we are very statute f
from week one
structure of an income tax
- select an income period
- determine t.p. aggregate net income for
- calculate tax as % of aggregate net income
refinements to basic structure
(1) tax rates
(2) exempt income
(3) extend deduc
Do we tax businesses?
Further preliminary questions:
Is a sole trader a legal person?
Is a company a legal person?
Is a partnership a legal person?
Is a trust a legal person?
income of a business
Existence of a business changes everything.
We dont tax businesses.
We tax proprietors.
Income of the proprietor is the business profit.
Profit for commercial purposes and tax purposes
structure of an income tax system
- Tax Administration Decree
What do we need to implement an income tax?
income from property
income from land
cf. a premium
premium a sum paid for grant of a lease
sometimes known as unearned income
Is a premium income?
Prima facie, no.
ITA and deductions cont
ITA and deductions
other positive provision
s.21(1) the positive provision
- the nexus rule: (a) an expenditure or loss on revenue account
to the extent incurred by the person during the tax year
in deriving income inclu
tax treatment of employment income
employment income defined ss.2 and 15
Other defns s.2: employee employer employment
Note: employment includes
Are Uber drivers employees?
Under the 2015 Act categorisation becomes all important.
What is deductible in determining net income?
In an income tax generally tax is levied by
reference to aggregate net income.
net income: income less related expenses
- nexus requirement
- capital exp or loss not deductible
classic dividend strip
Beauty is in the eye of the beholder.
presume a classic treatment of div income
sale price $9 m.
Xco pays div of $2 m. sale price $7 m.
trading in loss companies
Three elements in s.31(1)
- depreciable asset
- owned by the tp
- used in deriving income included in gross income.
X commences business April 1, Y2.
Pajero is depr asset owned by X and used in the business.
Hence X has depr deduction for Y2.