Big House Pty Ltd Case Study - Drafting Equipment - Discretionary Trust - Management Assignment Help

Assignment Task :

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Assignment question

Big House Pty Ltd (Big House) is in the business of designing larger homes and medium -sized office complexes. Jodie is a draftsperson who had worked for Big House until the end of the 2012 financial year. At that time Jodie was told that she would cease to be employed by Big House, due to a reorganisation and change of management, but that Big House would be prepared to contract for her services through an interposed company. Jodie sought advice from a solicitor, and based on this advice, established a family discretionary trust, with a company, JB Pty Ltd (JB), as corporate trustee. Jodie, her husband, 

Barry, and their two children are beneficiaries of the family discretionary trust. Jodie and her  husband are equal shareholders and the only directors of JB. Jodie and her husband are both employed by JB; Jodie is employed full time to provide drafting services to clients of JB, and Barry is employed on a part-time basis to prepare accounts and maintain financial records.

In July 2012, JB entered into a contract with Big House whereby JB would provide drafting services to Big House, with the drafting work to be performed by Jodie. The drafting services provided would be substantially the same as Jodie had previously performed as an employee. 

The contract with Big House provides that:

• Jodie would work under the direction of Big House, and work on projects allocated by Big House

• JB was responsible for providing a place of work for Jodie, although Big House would provide and install office and drafting equipment at this place of work; Jodie would be required to attend the Big House office for 3 hours each Friday morning for meetings and for the allocation of upcoming work.

• JB would be paid a monthly lump sum based on an hourly rate for 30 hours of work each week, with the payment being made after JB submitted an invoice to Big House

• the work contracted to JB was to be performed by Jodie personally, and neither JB nor Jodie could sub - contract the work

• Jodie was responsible for the correctness of the drafting work, and if there was an error in the work this was to be corrected by Jodie at no cost to Big House.

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