Fundamantals Level Skills Module, Paper F6 (LSO) 1 (a) Tax payable by the trustee ( Makananelo)

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2 Fundamantals Level Skills odule, Paper F6 (LSO) Taxation (Lesotho) Section B December 207 Answers and arking Scheme arks (a) Tax payable by the trustee ( akananelo) Notional chargeable trust income: Lesotho source 40,000 20,000 Foreign source (52,000 25,000) 27,000 65,000 67, ,000 Share of notional chargeable trust income: (65%) 08,550 72,900 Tax payable: 56,964 x 20%,393 5,586 x 30% 5,476 26,869 Less: personal tax credit (6,732) 20,37 (72,900 x 30%) 5,870 6 (b) Tax payable by the beneficiary (Kananelo) Share of notional chargeable trust income: 266,000 x (35%) 93,00 Tax payable: 56,964 x 20%,393 36,36 x 30% 0,84 22,234 Less: personal tax credit (6,732) 5,502 2 (c) The trustee is chargeable to tax on the foreign source trust income if any of the following conditions are satisfied: (i) The grantor was resident in Lesotho at the time of making a transfer to the trustee. (ii) The grantor was resident in Lesotho in the relevant year of assessment. (iii) A Lesotho resident person may ultimately benefit from the income

3 2 Leseli otors arks (a) Value added tax payable (VAT) for the tax period ended 3 October 207 Output VAT Saloon car ((45,000 34,000) x 4/4),35 Saloon car 2 (3,500 x 4/4) 430 Delivery truck lease payments (2,300 x 4/4) 282 Spare parts (5,200 x 4/4),867 3,930 Input VAT Repairs of saloon car ((6,000 x 75%) x 4/4) 552 Insurance premium (exempt) 0 Other operating expenses ((68,000 3,200) x 4/4) 7,958 8,50 VAT refundable (8,50 3,930) 4,580 Due date of submission of VAT return is on or before 20 November 207. (b) The obligation of a vendor on deregistration A vendor should apply in writing to the Commissioner for deregistration within 4 days after ceasing to make taxable supplies. 8 (c) Leseli otors entitlement to deregister Leseli otors would be entitled for deregistration if the value of its taxable supplies is below the threshold of 850,000 per annum. 0 3 Chargeable gains (Lerotholi) (a) Chargeable gains tax payable for the year ended 3 arch 207 Shares Sale price 290,000 Adjusted cost base (ACB) (50,000) Loss brought forward (5,500) 34,500 Factory building Sale price 2,300,000 ACB: Land (320/25 x 35,000) 52,093 Construction (320/245 x 320,000) 47,959 Security wall (320/270 x 85,000) 00,74 Paving 20,000 Equipment 65,000 Commission 4,500 (660,293) Chargeable gain,639,

4 (b) Disposal of an investment asset No gain or loss is taken into account for the purposes of determining chargeable income on: A transfer of assets between spouses. A transfer of assets between former spouses as part of divorce settlement. The involuntary conversion of an asset where the proceeds are reinvested in an asset of a like kind. 3 0 arks 4 Thomas and WHO (PIO) (a) Chargeable income of Thomas for the year ended 3 arch 207 Salary 420,000 Taxable values of: Accommodation fringe benefit ((8,500,000) x 2) 90,000 Education allowance (0,500 x 2) 2,000 Car fringe benefit (30,000 x 5%) 46,500 Pension contributions paid by the WHO 0 Security guard (exempt) 0 Utilities: mobile phone bill 4,900 Chargeable employment income 592,400 4 (b) Fringe benefits tax (FBT) payable by tax exempt employer Accommodation fringe benefit 90,000 Car fringe benefit 46,500 Utilities 4,900 Excessive superannuation contributions (see working) 3,920 Taxable values 55,320 Taxable amount (57,420/0 7) 22,886 FBT (22,886 x 30%) 66,566 Excessive superannuation fund contributions Working: Employer contributions (0,200 x 2) 22,400 aximum contributions allowable (592,400 x 20%) 8,480 Excessive superannuation contributions 3, Partnership: Lefa and Brian (a) Notional chargeable income Operating profit 97,250 Add: Withholding tax from local bank (38,880 x 0/90) 4,320 Excess pension contributions ((45,000) (50,000 x 20%)) 5,000 Overstated depreciation (see working) (85,750 26,483) 59,267 Trading loss 8,250 Notional chargeable income 294,087 9

5 Working: Depreciation on: Vehicle 3 arch 205 depreciation (20,000 x 25% x 8/2) 20,000 3 arch 206 depreciation ((20,000 20,000) x 25%) 25,000 3 arch 207 depreciation ((00,000 25,000) x 25%) 8,750 Office equipment 3 arch 206 depreciation ((40,000 x 20% x 2/2),333 3 arch 207 depreciation ((40,000,333) x 20%) 7,733 Total depreciation for 3 arch 207 (8, ,733) 26,483 6 (b) Tax payable by each partner Lefa Brian (resident) (resident non-res.) Distributive share of partnership income Lesotho source ((294,087 2,20) x 50% 36,484 36,484 Foreign source (2,20 x 50%) 0,560 0 Salaries 75,000 75,000 Gross income 222,044 2,484 Less expenses: Trading loss (8,250 x 50%) (9,25) (9,25) Chargeable income 22,99 202,359 Tax payable: (56,964 x 20%),393,393 (55,955 x 30%) 46,787 (45,395 x 30%) 43,69 58,80 55,02 Less personal tax credit (6,732) (6,732) 5,448 48,280 Less withholding tax (4,320 x 50%) (2,60) (2,60) foreign tax credit (3,500 x 50%) (,750) 0 Tax payable 47,538 46, arks 6 PP Securities (a) PP securities should make an application in writing to the Lesotho Revenue Authority (LRA), showing the compelling need. In the case of PP Securities, the compelling need would be to have the same accounting period as that of the holding company. 2 (b) PP Securities qualifies to be a resident company regardless of whether it is wholly owned by a foreign company or not, because of the following: It was incorporated under the laws of Lesotho. It has its management and control in Lesotho. It undertakes majority of its operations in Lesotho. 3 20

6 (c) Advance corporation tax (ACT) Dividends paid 74,000 ACT (74,000 x 25/75) 24,667 Due date is on or before 7 October arks (d) Corporation tax payable for the year ended 30 November 206 Trading income 430,000 Investment income (20,000 42,000) 78,000 Gross income 508,000 Less: expenses (see workings) Administrative expenses 04,000 Selling and distribution costs 78,500 (82,500) Chargeable income 325,500 Tax payable (325,500 x 25%) 8,375 Less: foreign tax credit restricted to (85,000 x 25%) (2,250) ACT (as in (c) above) (24,667) Net tax payable 35,458 Workings:. Administrative expenses Administrative expenses as given 205,000 Capital expenditure (equipment) (72,000) Provision for directors emoluments (60,000) Depreciation for equipment (72,000 x 20% x 6/2) 3,000 04, Selling and distribution costs Selling and distribution costs as given 80,000 Large scale advertising (0,000) Donation to local orphanage (30,000 x 45%) (3,500) Amortisation of large scale advertising (0,000 x 20%) 22,000 78,