HI6028 Taxation, Theory, Practice & Law T1, 2017 ASSIGNMENT

HI6028 Taxation, Theory, Practice &
Attributable time: Week 7
Attributable time: Week 8 ( Block Mode)
Maximum marks: 20 (20%)
This provision is to be submitted by the attributable time in twain soft-vision (Safeassign – Bb). NO rigorous vision provision gain be genuine.
The provision is to be submitted in correspondence with impost management symmetrical in the Subject Outline and Ward Handbook.
It is the province of the ward submitting the product to determine that the product is in circumstance his/her hold product. Determine that when incorporating the products of others into your acquiescence that it right current.
Case examine 1: Sojournnce and source
Kit is a enduring occupant of Australia. He was born in Chile and retains his Chilean citizenship. Kit spends most of the year producting unpremeditated the seaboard of Indonesia on an ease rig ce a United States aggregation. He was recruited ce this operation in Australia and signed a retrench with the aggregation here. Ce the definite four years, Kit’s helpmate has lived in Australia with their brace end. They purchased a sojournnce in Australia three years gone. Kit and his helpmate own a junction bank totality with Westpac Bank. Kit’s stipend is paid straightly into his totality. Complete of the lineage’s other cannonades, including a portion-out portfolio that generates dividend proceeds, accrue in Chile. Kit gets single month unpremeditated from product integral third month and, on these occasions, he meets with his lineage either in Australia or on holidays encircling South America (usually in Chile where his parents sojourn).
Discuss whether Kit is a occupant of Australia and how his stipend and cannonade proceeds would be taxed (10 marks, max. 1000 vote).
Case examine help 2: plain proceeds
Explanations of the appertaining outcomes reached by the courts in the aftercited cases which complete involving sales of land:
I. Californian Copper Syndicate Ltd v Harris (Surveyor of Taxes) (1904) 5 TC 159
II. Scottish Australian Mining Co Ltd v FC of T (1950) 81 CLR 188
III. FC of T v Whitfords Beach Pty Ltd (1982) 150 CLR
IV. Statham & Anor v FC of T 89 ATC 4070 V. Casimaty v FC of T 97 ATC 5135
VI. Moana Sand Pty Ltd v FC of T 88 ATC 4897
VII. Crow v FC of T 88 ATC 4620
VIII. McCurry & Anor v FC of T 98 ATC 4487
(10 marks, max. 1000 vote).

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