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Due to some financial stress, Cindy, aged 45, sold some assets during May-June 2024. All the assets sold were held for Cindy’s personal use and enjoyment, except the shares in companies. The details of the asset sales are as follows: Shares Date of Purchase Cost of Purchase Date of SaleSale ProceedsMotor vehicle14 May 2016 $12,0001 May 2024$8,800Bracelet (jewellery)28 June 2011 $86014 May 2024$4,800Bookcase5 March 2022 $26012 June 2024$180Shares in BPH Ltd10 May 1997 $36,000 19 June 2024$97,000Shares in XYZ Ltd12 July 1985 $14,000 10 May 2024$125,000Which of the following statements is most correct in respect to disregarded capital gains and disregarded capital losses under the CGT regime in respect to Cindy?Question 6Answera.The following are disregarded: (i) motor vehicle (ii) bookcase (iii) BPH Ltd shares and (iv) XYZ Ltd shares.b.The following are disregarded: (i) motor vehicle (ii) bookcase and (iii) XYZ Ltd shares.c.The following are disregarded: (i) motor vehicle (ii) bracelet (iii) bookcase and (iv) XYZ Ltd shares.d.None of the gains and losses are disregarded because they all involved the sale of a CGT asset.

Question

Due to some financial stress, Cindy, aged 45, sold some assets during May-June 2024. All the assets sold were held for Cindy’s personal use and enjoyment, except the shares in companies. The details of the asset sales are as follows: Shares Date of Purchase Cost of Purchase Date of SaleSale ProceedsMotor vehicle14 May 2016 12,0001May202412,0001 May 20248,800Bracelet (jewellery)28 June 2011 86014May202486014 May 20244,800Bookcase5 March 2022 26012June202426012 June 2024180Shares in BPH Ltd10 May 1997 36,000 19June202436,000 19 June 202497,000Shares in XYZ Ltd12 July 1985 14,000 10May202414,000 10 May 2024125,000Which of the following statements is most correct in respect to disregarded capital gains and disregarded capital losses under the CGT regime in respect to Cindy?Question 6Answera.The following are disregarded: (i) motor vehicle (ii) bookcase (iii) BPH Ltd shares and (iv) XYZ Ltd shares.b.The following are disregarded: (i) motor vehicle (ii) bookcase and (iii) XYZ Ltd shares.c.The following are disregarded: (i) motor vehicle (ii) bracelet (iii) bookcase and (iv) XYZ Ltd shares.d.None of the gains and losses are disregarded because they all involved the sale of a CGT asset.

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Solution

The correct answer is c. The following are disregarded: (i) motor vehicle (ii) bracelet (iii) bookcase and (iv) XYZ Ltd shares.

Here's why:

  1. Motor vehicle: Personal use assets acquired for less than 10,000aredisregardedforCGTpurposes.Cindysmotorvehiclewaspurchasedfor10,000 are disregarded for CGT purposes. Cindy's motor vehicle was purchased for 12,000, but it's still considered a personal use asset, so the capital gain or loss is disregarded.

  2. Bracelet: Jewelry is also considered a personal use asset. Even though Cindy sold it for more than she paid, the capital gain is disregarded because it's a personal use asset.

  3. Bookcase: The bookcase is also a personal use asset, and it was sold for less than Cindy paid for it. Therefore, the capital loss is disregarded.

  4. XYZ Ltd shares: Shares in a company are not considered personal use assets, so they're generally subject to CGT. However, shares acquired before 20 September 1985 are disregarded for CGT purposes. Since Cindy acquired her XYZ Ltd shares in July 1985, any capital gain or loss from the sale of these shares is disregarded.

The shares in BPH Ltd, however, are not disregarded because they were acquired after 20 September 1985, so they're subject to CGT.

This problem has been solved

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