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Taxation Law Assignment 2012

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In this assignment, it is assumed that Emma and Ryma are both tax residents of Australia. Part A Based on Emma’s negotiated remuneration package and her activities with ‘Ryma Rhymes’, we look into identifying which of her income is assessable income (AI). Remuneration Package ANNUAL SALARY Emma’s annual salary of $150,000 per annum is assessed based on s6-5(1) ITAA97, which states her AI includes income according to ordinary income (OI) concept. In Scott v Commissioner of Taxation (1935), the court’s definition of income is reflective of what majority of public would consider income, such as salaries. Emma’s annual salary does constitute for OI and is thereby AI. However, since Emma has arranged for 10% of her salary to be …show more content…

This is similar to Smith v FCT (1987), where the Westpac’s study scheme for its employees exists for the purpose of boosting employee productivity by providing monetary incentives for completing relevent degree subjects. As Emma’s sole motivation for gaining the benefit is through achieving an employee productivity target, it is clear that there is a sufficient nexus linked between Emma and her employment. This shows that the bonus is not a gift. Conclusion, the $10,000 bonus is SI and is thereby included in Emma’s AI. EMPLOYEE PURCHASE DISCOUNTS Emma’s ability to purchase goods from Ryma at a 10% discount has given rise to an issue of fringe benefit. According to s136(1) FBTAA86, the discount is a fringe benefit because it is a benefit provided during the year of tax by Ryma to Emma in respect of her employment, and it is not excluded from the definition of fringe benefit. Next, we identify that because the benefit does not fall into any of the other categories of fringe benefits in the FBTAA86, it should be a division 12 – residual benefit as stated in s45 FBTAA86. Since the discount on the purchase does not meet any requirement of exemption (s47 FBTAA86) for residual fringe benefit, a fringe benefit tax liability has then arisen. Next, we look at the nature of the residual benefit. According to s136 FBTAA86, the definition of in-house residual fringe benefit requires the employer, at the

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