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a)Donation of $300 to the building fund of her local public primary schoolIssueWhether the donation is
deductible for income tax purpose?RuleDivision 30 of ITAA 1997 provides taxpayers with a deduction for
gifts or contributions made to particular recipients. The gift or contribution can be of money or
property. There are 2 conditions:•A gift or contribution must be made to a deductible gift recipient that
is an entity which meets the requirements to be registered as such by the relevant body (public
universities, public hospitals, charities or research organizations)•The gift must be a true gift and made
with no expectation of material advantage in return (FCT v McPhail 1968 117 CLR 111.ApplicationIn this
case, Cheryl gives a contribution ($300) to the building fund of her local public primary school which is
the deductible gift recipient. The gift is a true gift because she receives no material advantage in
return.ConclusionCheryl would be entitled to a deduction for $300 donation to the public school under
Div 30 of ITAA 1997 as it is donation to a deductible gift recipient.
(b) Donation of $50 to her local public library (as a result she does not need to pay membership fees of
$20 that year to borrow books from the library).IssueWhether the donation of $5 to library is deductible
for income tax purpose?Rules:Division 30 of ITAA 1997 provides taxpayers with a deduction for gifts or
contributions make to particular recipients. The gift or contribution can be of money or property.
Surfs Up P/L is a national retailer that sells a range of surfing and water sport equipment
(surfboards, clothing, etc.) with an annual turnover of $60 million. Surfs Up purchases “Billapro”
surfboards for $440 each from Billapong P/L, a large manufacturer of surfboards located at Gold
Coast with an annual turnover of around $45 million, this was their only sale for the month. Surfs
Up plans to sell the Surfboards at a 200% mark-up to its customers. In October last year it
purchased 370 surfboards but a couple of months later (December) they discovered that 14 of the
surfboards were faulty and subsequently returned these faulty surfboards to the manufacturer,
obtaining a full refund. Assume both apply the accrual method of accounting.