Assessment 1
ACCT20023 - Australian Taxation Law
Term 3, 2013
Contents
PART A. 3
PART B. 6
1. Gross Salary – Banyule City Council 6
2. Reportable Fringe Benefits [Motor Vehicle] – Banyule City Council 7
3. Motor Vehicle Allowance – Banyule City Council 7
4. Gift of expensive wine from ratepayer of Banyule City Council in appreciation for solving a planning permit issue 7
5. Gift of a golf club from a tax client as a birthday present 7
6. Net proceeds from business – Tax advice given to private clients 7
7. Hobby earnings from garage sales at his home 8
8. Sale of household goods on the internet 8
9. Gross Capital Gains from selling a jewellery piece 8
10. Gross Capital Proceeds from sale of shares in Eastfarmers Ltd 9
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It is clearly mentioned in this assessment that the couple did not stayed in Australia for more than one-half of the fiscal years 2014 and 2015. The conclusion is that they are considered foreign residents for Australia tax purposes during the time they have being abroad. During the period they sold their home property and resigned from their jobs in Paris and went on holidays in Europe they are entitled to a tax offset of foreign tax (Div 770 of ITAA 1997) if they return for at least half of an income year to Australia. But only in the case they are still paying taxes overseas, the reason for that is to avoid double taxation. The last statutory test to be applied before finally concluding John and Susan’s residency for tax purposes is the Superannuation test. In Baker v FCT [2012] AATA 168 it was held that “member of a superannuation scheme” includes an inactive member where the taxpayer is on leave without pay. This is the case when the couple quit their full-time jobs in Australia to leave overseas for an undetermined period. Word count: 464
TIMOTHY: In this case, to determine whether John and Susan are residents of Australia for tax purpose, the relevant rules of residency test that is set out in Section 6(1) of ITAA 1936 must be applied. Under this section there are four separate tests and it consists of 1 common law & 3 statutory tests, but according to the facts
* Australian residents are liable for tax on their worldwide income. While Non-residents are liable for their income with an Australian source.
Taxpayers who were married but lived under a legal separation agreement at the end of the year.
Resides test: The individual is an occupant in the Australia if the individual was lives into the Australia. The guidelines and direction was not said in the enactment but rather it has conventional importance. The Sborter Oxford English Dictionary was characterized the lives test importance in fitting. The spot where the individual was dwelled is
Kevin and jennifer the respondents of the case went through with a ceremony of marriage on 21 August 1999, At that present time kevin was legally seen as a male under both Commonwealth law and the law of New South Wales where he is a tenant, and is seen as a man
individuals who are not Australian residents and don't have consent to be in the nation) to be
When asylum seekers are found trying to find residency in Australia by boat or not having any valid travel documents they are not committing any crimes. The Refugee Convention is a series of article that state how to treat and help refugees. Article 31 of this
The issue in Samantha case, whether she is an Australian resident for the period of January 2013 until her return in July 2015 required the interpretation of residency definition and any relevant cases that may assist such as Applegate v FCT (1979) and Jenkins v FCT
Megan Cluey, aged 22, arrived in Australia on 12 October 2010 to take up permanent residence. Three months
In the decision released by the AAT Russell and Migration Agents Registration Authority [2008] AATA 22 Senior member Josephine Kelly states “In my opinion, taking into account all of the evidence, I am satisfied that, as at the date of MARA’s decision, Mr Russell was not a person of integrity or was otherwise not a fit and proper person to give immigration assistance”. Although the AAT agreed with the decision made by MARA senior member Josephine Kelly also stated, “I am hearing this case afresh. I am concerned with the provisions of the statue”. Although MARA had already made its decision as to whether Mr Russell had breached the Code of Conduct the AAT looked at the facts once again and made its own decision. The AAT considered Mr Russells circumstances in its own
By birth: In Australia people automatically become an Australian citizen if they are born here and one or both of their parents is an Australian citizen or permanent resident of Australia.
Under the Marriage Act 1961 (Cth), a marriage celebrated overseas is recognised in Australia dependent of certain basic conditions. Firstly, your marriage must have been legally recognised by the local Irish law at the time it was celebrated. Secondly, your marriage must not be a prohibited relationship under the Australian law, which includes marriage to an underage person or mentally incapable of consent, marriage between siblings or direct family descendants, and in cases of marriage consent obtained by duress or fraud. Moreover, you will be required to prove that either you or your wife are Australian citizens, domicile in Australia on a permanent basis, or ordinarily reside in Australia for a year immediately to the filing of the application.
3. Resides Test – The reason for coming to Australia is significant as it is related to employment for which he has already stayed 11 months and stay is expected to be longer. He leads a life in the company of his wife which is similar to that which he led in England. Thus, this test is satisfied. 4.
Australia’s population is culturally and ethnically diverse. As at June 2010, there were 22.3 million residents in Australia, around one-quarter of the population was born overseas and many residents who were born in Australia have a parent who was born in another country. Aboriginal people and Torres Strait Islanders represent 2.3% of the population
Do you have substantial business, cultural, employment or personal ties to Australia which are of benefit to Australia? Personal ties: Yes I have personal ties: my mother, father, sister, niece and nephew all live in Australia this is my whole family they are Australian citizens, my sister has 2 children born in Australia and my niece is now pregnant. I do not have a large extended family.
Mares. Peter. 2012 "Temporary Migration and its Implications for Australia" Papers on Parliament No. 57