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AUSTRALIAN TAXATION LAW ASSIGNMENT TRIMESTER 2, 2017 Case 1 3 Issue 4 Jenny is an employee recruited as an assistant

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Added on  2020-04-07

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An individual is considered as will be said to be an Australia resident for tax purposes if the person lives in Australia, in accordance with the subsection 6(1) of the Income Tax Assessment Act 1936 (Burkhauser, Hahn and Wilkins, 2015). The common concept of residency takes into effect an individual’s total circumstances in the specified income year, inclusive of: Intention of the person’s existence in Australia The extent of a person’s employment or family ties in Australia An individual’s assets area

AUSTRALIAN TAXATION LAW ASSIGNMENT TRIMESTER 2, 2017 Case 1 3 Issue 4 Jenny is an employee recruited as an assistant

   Added on 2020-04-07

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BLO2206 AUSTRALIAN TAXATIONLAW ASSIGNMENTTRIMESTER 2, 2017
AUSTRALIAN TAXATION LAW ASSIGNMENT TRIMESTER 2, 2017 Case 1 3 Issue 4 Jenny is an employee recruited as an assistant_1
TABLE OF CONTENTSCase 1.........................................................................................................................................3Issue........................................................................................................................................3Legal provisions.....................................................................................................................3Specified provision’s applicability in the present case..........................................................4Conclusion..............................................................................................................................5Case 2.........................................................................................................................................6Question 2..................................................................................................................................6Issue........................................................................................................................................6Legal Provisions.....................................................................................................................6Case and their associated laws relevant to the above situation..............................................7Specified provision’s applicability in the present case..........................................................8Conclusion..............................................................................................................................8References................................................................................................................................10
AUSTRALIAN TAXATION LAW ASSIGNMENT TRIMESTER 2, 2017 Case 1 3 Issue 4 Jenny is an employee recruited as an assistant_2
CASE 1IssueIn the present case, Jenny is recruited as an accountant in Hong Kong. She received an offerfrom her manager to give business consultancy regarding business entity to several pastresidents of Hong Kong now residing in Australia. On 25th April 2016, she took entry inAustralian frontiers, her first priority was to reside there for 3 months, and in this specifiedtime period she will reside in several motels. After 3 months, her manager said her to staythere for additional nine months. By considering this aspect, she took an administrativeapartment on rent nearby she worked. In these nine months, her family visited two times. Inthis given case, the main concern arises in the light of taxation that if or if not Jenny is anAustralian resident or not under the provisions provided by ITAA 1936 and 1997.Legal provisionsThe ATO that is Australian Taxation Office has issued guidance via online and tools to assistan individual in identifying if or if not they are tax residents of Australia, inclusive of thosesituations when the individuals have arrived, or are leaving Australia. Usually while determining if or if not an individual is a resident of Australia for the purposeof taxes, there is need to consider the individual’s situations and facts in view of statutorytests and general law (Braithwaite, 2017). For instance, an individual who makes theexpenditure of more than half of the tax year they will be considered as an resident regardingcomputation of Australian tax. In order to determine if or if not an individual is a resident of Australia for tax purposes (forinstance, due to complex situations) must take a recommendation from their tax advisor ormust contact to Australian Taxation Office. Common law testAn individual is considered as will be said to be an Australia resident for tax purposes if theperson lives in Australia, in accordance with the subsection 6(1) of the Income TaxAssessment Act 1936 (Burkhauser, Hahn and Wilkins, 2015). The common concept of residency takes into effect an individual’s total circumstances in thespecified income year, inclusive of:
AUSTRALIAN TAXATION LAW ASSIGNMENT TRIMESTER 2, 2017 Case 1 3 Issue 4 Jenny is an employee recruited as an assistant_3

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