Australian Taxation Law - Assignment Solution
Added on 2021-04-17
6 Pages1240 Words43 Views
Running head: AUSTRALIAN TAXATION LAWAustralian Taxation LawName of the StudentName of the UniversityAuthors NoteCourse ID
AUSTRALIAN TAXATION LAW1Table of ContentsIssue:.....................................................................................................................................2Rule:.......................................................................................................................................2Application:.............................................................................................................................3Conclusion:............................................................................................................................4References:............................................................................................................................5
AUSTRALIAN TAXATION LAW2Issue: The present issue ascertains the residential status of John for the financial year of2016. The case study revolves around the issue whether or not John has the intention ofstaying in Australia for the financial year of 2017. Rule: Domicile Test: The Australian taxation office defines under the Domicile test that anindividual will be regarded as the Australian resident if he or she has the permanent place ofabode in Australia. An exception to this rule is that unless it is noticed that an individual havetheir normal place of abode is out of Australia and does not have any intention of taking upthe residency in Australia. Citing the reference of “Henderson v Henderson (1965)” anindividual retains the domicile of their origin unless the person acquires another domicile oftheir own choice1. 183 days Test: The Australian taxation office under the 183 days test defines that if anindividual is physically present in Australia for no less than six months of one half of theincome year either continuously or in breaks will be regarded as the Australian resident2.However, if the commissioner established that the person does not intends to take up theresidence in Australia and has their place of residence out of Australia.The taxation ruling of TR 98/17 is associated with the determination of residencystatus of persons that are entering Australia. The ruling is applicable to most the person thatenter Australia as migrant, academics teachers, students staying in Australia or visitors onholiday. Section 995-1 of the Act 1936, defines Australian resident as the person who is theresident of Australian. There are events after the year of income may help in ascertaining theresidential status of the person3. The ordinary concept of the term reside is broad enough toencompass a person that arrives in Australia permanently as the migrant and a person whois residing here for a considerable period of time. The quality and the character of theperson’s behaviour in Australia helps in ascertaining whether the person has resided inAustralia. The judgement of commissioner in “Federal Commissioner of Taxation v Miller(1946)” stated that the nature of an individual’s behaviour in Australia reflects the waythrough which an individual arranges the domestic and economic affairs as the element of1 Bell v. Kennedy [1868]2Reid v. The Commissioners of Inland Revenue (1926) 10 TC 6733FC of T v. Applegate 79 ATC 4307
End of preview
Want to access all the pages? Upload your documents or become a member.
Related Documents
Taxation law assignment : ITAA 1936lg...
|7
|1247
|33
Australian Taxation Law: Assignmentlg...
|6
|1274
|40
Tax Case Study and Analysislg...
|18
|5298
|195
Determining Tax Residency Status under ITAA 1997lg...
|6
|1408
|243
Taxation Law Assignment Question & Answerlg...
|6
|1299
|23
Taxation Law: Letter of Advicelg...
|9
|1379
|21