Law Assignment - Taxation Law
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Added on 2020-05-11
Law Assignment - Taxation Law
Added on 2020-05-11
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Running head: TAXATION LAWTaxation LawName of the StudentName of the UniversityAuthors NoteCourse ID
TAXATION LAW1Table of ContentsAnswer to question 1:..................................................................................2Answer to requirement (I):..........................................................................2Introduction:................................................................................................2The domicile Test:.......................................................................................3The 183-Day test:........................................................................................3Superannuation test:...................................................................................4Conclusion:..................................................................................................4Answer to requirement (II):.........................................................................5Answer to question 2:..................................................................................5Answer to requirement (I):..........................................................................5Salary and superannuation benefit of Joyce:...............................................6Payment of school fees:..............................................................................7Expenditure on travelling:...........................................................................7Membership Cost:........................................................................................7Payment of Mobile Phone and Loan:...........................................................8Car fringe benefit:.......................................................................................8Conclusion:..................................................................................................9Answer to requirement (II):.........................................................................9
TAXATION LAW2Answer to question 1:Answer to requirement (I):Introduction: The present study takes into the considerations the residential statusof Daniel in order to determine the consequences of tax. It is understoodfrom the current study of Daniel that he is working with the miningcompany and lived in Malaysia. Additionally, he was given with the chanceof expanding his career in Australia during his employment. In referenceto subsection 6 (1) of the Income Tax Assessment Act 1936 theexpression resident and resident of Australia has been defined. The method through which a person shapes their domestic andeconomic circumstances as the part of their life becomes an importantfactor in ascertaining the status of residency. A person is treated as theresident of Australia who is present in Australia or they are present eitherconstantly or in breaks for no less than half of the income year providedthe commissioner is content that the person’s permanent place of abodeis out of Australia and there is no intention of taking up the Australianresidency. The taxation rulings of 98/17 is concerned with the determination taxliability arising out of the question whether the taxpayer resides should bedetermined yearly in accordance with the facts that are application duringthe particular year of income under the considerations.
TAXATION LAW3Considering the present situation of Daniel, the taxation ruling of IT2681 is considered in order to determine the residential status of abusinessman for taxation purpose that comes to Australia for businessmigration programme. The ruling further lay down the direction in determining the status ofresidency for taxation purpose visiting Australia. In order to understandthe residential status of Daniel the below stated test has been carried outin determining Australian residency; a.The 183-day test b.The Domicile Testc.The commonwealth superannuation test The domicile Test:The legal concept of Domicile has been defined under the DomicileAct 1982. As per the guidelines of the common law, a person acquiresthe residence by birth in their origin country in the form of permanentresidency. Nevertheless, few exceptions are present in this rule. Anindividual will be able to keep the residence of their source if he or sheundertakes the residence of their personal choice in other nation or statethrough the procedure of law. From the present situation of Daniel, it isunderstood that he undertook the decision of applying for the permanentvisa of living in Australia after his son has returned home to Perth fromUS. As per the section 10 of the Domicile Act 1982, an individual’sintention of acquiring the domicile of their own choice can make their
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