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Assignment on Taxation Law of Australia

   

Added on  2020-04-21

8 Pages1837 Words74 Views
Running head: TAXATION LAWTaxation LawName of the StudentName of the UniversityAuthors NoteCourse ID

TAXATION LAW1

TAXATION LAW2Case 1Answer to question 1: The current study is concerned with the ascertainment of the residential status of Jackwho has visited Australia with a German passport from the year 2007 until the end of the year2016 in which Jack was permitted to reside and work in Australia. As evident from thesituation it is understood that Jack during his stay in Australia was employed with theAustralian company and worked as the marine engineer. In order to understand the taxationcircumstances of a person, it is essential to understand whether the person is an Australianresident or the foreign resident for the purpose of taxation. According to the taxation ruling of TR 98/D1 it states that a person enteringAustralian will be viewed as the occupant for the purpose of tax. The ruling is generallyappropriate to a large number of the people that enters Australia and includes workers withprearranged employment contracts (Barkoczy 2017). As evident from the current situation ofJack it is found that Jack worked under the contract as the marine engineer in Australia. In thepresent situation of Jack status of residency is the matter of element and considered as thechief conditions which defines Jack obligation to the Australian income tax. As held in the case of “FC of T v. Applegate 79 ATC 4307; (1907)” eventsfollowing the time of returns might help in ascertaining a person’s residential status. Asstated in the “section 995-1 of the ITAA 1936” a resident of Australia represents anindividual who is the occupant of Australia for the taxation purpose. (Snape and De Souza2016) As understood from the current situation of Jack it can be stated that Jack has beenpresent in Australia from 2007 and 2016 that permitted him to work and stay in Australia. Tofurther elaborate the residential status of Jack the below stated test are conducted;

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