Question 2

The directors of ABC Ltd. also consult you about some land that the company acquired in January 1995 as a possible site for a future warehouse and sales office. Following an increase in its lease payments, the company decided in February 1997 to erect a building on the land. Construction commenced on 14 April 1997. The building was completed in December 1998 and the company took up residence of the building on 20 January 1999. The land cost $1.33 million and the building cost $5 million.

On 2 January 2020, the company received an offer to buy the land and buildings for $11 million. Given the termination of the agency contract, the company accepted the offer. Contracts were signed on 14 January, and settlement took place on 18 February. A profit of $4.58 million relating to this transaction is included in the company’s profit and loss statement. ABC Ltd. is continuing to operate, but again from leased premises.

With reference mainly to the Income Tax Assessment Act 1997, please advise ABC Ltd. of the tax implications of the above transactions. What is the capital gain or capital loss of the company? Has the company overstated or understated its profit?