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

HI6028 Taxation, Theory, Practice &
Ascribable determination: Week 7
Ascribable determination: Week 8 ( Block Mode)
Maximum marks: 20 (20%)
This enactment is to be submitted by the ascribable determination in twain soft-portraiture (Safeassign – Bb). NO inexplicable portraiture enactment completeure be certain.
The enactment is to be submitted in agreement with duty management established in the Subject Outline and Tyro Handbook.
It is the obligation of the tyro submitting the product to determine that the product is in occurrence his/her hold product. Determine that when incorporating the products of others into your resignation that it well notorious.
Case consider 1: Restnce and source
Kit is a steady sojourner of Australia. He was born in Chile and retains his Chilean citizenship. Kit spends most of the year producting impromptu the seaseacoast of Indonesia on an glaze rig ce a United States posse. He was recruited ce this lesson in Australia and identified a abridge with the posse here. Ce the terminal four years, Kit’s spouse has lived in Australia with their span upshot. They purchased a abode in Australia three years since. Kit and his spouse feel a knee bank representation with Westpac Bank. Kit’s hire is remunerated immediately into his representation. Complete of the parentage’s other cannonades, including a portion-out portfolio that generates dividend pay, sojourn in Chile. Kit gets undivided month impromptu from product integral third month and, on these occasions, he meets with his parentage either in Australia or on holidays encircling South America (usually in Chile where his parents rest).
Discuss whether Kit is a sojourner of Australia and how his hire and cannonade pay would be taxed (10 marks, max. 1000 opinion).
Case consider help 2: commonplace pay
Explanations of the relative outcomes reached by the courts in the subjoined 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 opinion).

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