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BLO2206 - Taxation Law and Practice Assessment

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VICTORIA UNIVERSITY

   

Australian Taxation Law (BLO2206)

   

Added on  2020-03-07

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The below document discusses the taxation law of Australia. It also discusses the effects of the tax on the wages or the salary, derived by a resident of Australia who is working overseas. Further, this particular study considers the tax treatment of the salary which has been ascertained by Can Robyn from the Indian Subcontinent in the form of employment overseas to work as an arranger for the University of Calcutta.

 

BLO2206 - Taxation Law and Practice Assessment

   

VICTORIA UNIVERSITY

   

Australian Taxation Law (BLO2206)

   Added on 2020-03-07

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Running head: TAXATION LAWTaxation LawName of Student:Name of University:Author’s Note:
BLO2206 - Taxation Law and Practice Assessment_1
TAXATION LAW1Table of ContentsAnswer to question 1:......................................................................................................................2Issues:..........................................................................................................................................2Legislation:..................................................................................................................................2Application:.................................................................................................................................2Answer 2:.........................................................................................................................................5Issues:..........................................................................................................................................5Legislation:..................................................................................................................................5Application:.................................................................................................................................5Conclusion:......................................................................................................................................7Reference List:.................................................................................................................................8
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TAXATION LAW2Answer to question 1:Issues:The issue which is discussed below depends on the evaluation of the effects of tax for thewages or the salary which were derived by a resident of Australia who is working overseas andfor taxation purposes, has to leave the country.Legislation:a.F.C. of T. v. Jenkins 82 ATC 4098b.F.C. of T. v. Applegate(1979) 9 ATR 899c.Henderson v. Henderson [1965] 1 All E.R.179d.Subsection 6 (1) of income tax assessment act 1936e.Taxation rulings of IT 2650Application:This particular study considers the tax treatment of the salary which have beenascertained by Can Robyn from the Indian Subcontinent in the form of an employment overseasin order to work as an arranger for the University of Calcutta. The requirements for working as aco-ordinator were lengthy, because Can Robyn desired to work for so long as there would be theexistence of the course in the University of Calcutta. According to the taxation rulings of IT2650 the guidelines aim to be laid for ascertaining whether a particular person who leaves thecountry Australia, to reside overseas temporarily due to work assignments ceases to remain anAustralian resident due to the reason of income tax during their stay outside the Country ofAustralia. 11Pinto, Dale. "State taxes."Australian Taxation Law. CCH Australia Limited, 2011. 1763-1762.
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TAXATION LAW3In accordance with the subsection 6 (1) of income tax assessment act 1936 individualshaving domicile in Australia as given by the commissioner remains satisfied by their abode beingoutside of the country Australia2. According to the statement under subsection 6 (1) anindividual residing in Australia, for more than half of the entire year of income will beconsidered as a resident of Australia unless there is contentment within the commissioner that theindividual does not intend to stay in Australia for a permanent period of time.Regarding the subsection 6 (1) of the ITAA 1936 it can be stated that Can Robyn wouldbe considered as a resident of Australia as she has stayed in Australia for not less than half of theentire year of income before leaving the country3. Evidently, a flat was under the ownership ofCan Robyn, and it was not abandoned by her. There is a possibility that the flat owned by CanRobyn was on mortgage and the amount of mortgage was paid from the income of employmentwhich was received in the bank account in Australia.According to the statement in Henderson v. Henderson [1965] 1 All E.R.179 the ownorigin of a person’s domicile is maintained unless the particular individual acquires their ownchoice of domicile in a different state by the law operations4. From the current study it can be2Woellner, R. H., et al.Australian Taxation Law Select: Legislation and Commentary 2016. Oxford UniversityPress, 2016.3ROBIN, H.AUSTRALIAN TAXATION LAW 2017. OXFORD University Press, 2017.4Blakelock, Sarah, and Peter King. "Taxation law: The advance of ATO datamatching."Proctor, The37.6 (2017): 18.
BLO2206 - Taxation Law and Practice Assessment_4

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