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Law Assignment- Principle of Taxation Law

   

Added on  2020-06-06

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Political ScienceLaw
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PRINCIPLE OF TAXATIONLAW
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Table of ContentsINTRODUCTION...........................................................................................................................3QUESTION 1...................................................................................................................................3QUESTION 2...................................................................................................................................7CONCLUSION................................................................................................................................9REFERENCES..............................................................................................................................10
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INTRODUCTIONResident is the person who lives permanently in one country. In case personresides in one country but he is citizen of another then they have to live equal to numberof days which are mentioned under law of taxation. This law is able to define residentialstatus of person and income which is taxable or not. Every person is bound to pay taxon his income on annual basis 1. Australian taxation law implies on person in order toidentify their residential status. Through legal authorities are able to evaluate theirtaxable income. QUESTION 1There are many rules and regulations which are framed by government regardingthe taxation of income of person. With reference to given case scenario, firstly it isessential to identify their residency test (PRINCIPLES OF TAXATION LAW 2017.2017). If Jenny resides in Australia, then it is significant to considered her income for taxpurpose and for this any other residency test will not apply. Here are three statutorytests which has be satisfy by Jenny to considered her as Australian resident. Domicile test – Person will be considered as Australian resident if place ofpermanent is in Australia. 183-day test – If a person is staying in Australia more than half of income year,whether continuously or breaks. So it can also be said as constructive residencein Australia. Superannuation test – This ensures that Australian government employees whoare working at Australian posts will be also treated as resident.The law of taxation is able to decide residential status of each and every person whoresides whether in his home country or foreign 2. On the other hand, the rate of tax is also1Bartel, R. and Barclay, E., 2011. Motivational postures and compliance withenvironmental law in Australian agriculture.Journal of Rural Studies.27(2).pp.153-170.2Brilmayer, L., 2010. The New Extraterritoriality: Morrison v. National AustraliaBank, Legislative Supremacy, and the Presumption Against ExtraterritorialApplication of American Law.Sw. L. Rev..40. p.655.1
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