taxation (Austalia) assignment reserved for hifsa

HI6028 Taxation, Theory, Practice &

Law

T2, 2016 ASSIGNMENT 1

Due date: Week 8

Maximum marks: 20 (20%)

Instructions:

This assignment is to be submitted by the due date in both soft-copy

(Safeassign – Bb) and hard copy.

The assignment is to be submitted in accordance with assessment

policy stated in the Subject Outline and Student Handbook.

It is the responsibility of the student submitting the work to ensure

that the work is in fact his/her own work. Ensure that when

incorporating the works of others into your submission that it

appropriately acknowledged.

Case study 1: Residence and source

Fred, an executive of a British corporation specializing in management consultancy,

comes to Australia to set up a branch of his company. Although the length of his stay

is not certain, he leases a residence in Melbourne for 12 months. His wife

accompanies him on the trip but his teenage sons, having just commenced college,

stay in London. Fred rents out the family home. Apart from the absence of his

children, Fred’s daily behavior is relatively similar to his behavior before entering

Australia. As well as the rent on the UK property, Fred earns interest from

investments he has in France. Because of ill health Fred returns to the UK 11 months

after arriving in Australia.

Requirement

Discuss whether Fred is a resident of Australia for taxation purposes. ( 4

Marks, maximum 500 words)

Case study 2: ordinary income

Explanations of the respective outcomes reached by the courts in the following cases

which all 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

(16 marks, max. 2000 words).