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Australian Taxation Law: Assignment

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Added on  2021-04-17

Australian Taxation Law: Assignment

   Added on 2021-04-17

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Running head: TAXATION TaxationName of the StudentName of the UniversityAuthors NoteCourse ID
Australian Taxation Law: Assignment_1
TAXATION1Table of ContentsIssue:.....................................................................................................................................2Laws:......................................................................................................................................2Application:.............................................................................................................................3Conclusion:............................................................................................................................4Reference List:.......................................................................................................................5
Australian Taxation Law: Assignment_2
TAXATION2Issue: The issue that revolves around the current case study is to understand whether Dalewho has moved from UK to Australia will be regarded as the Australian resident for thefinancial year of 2017 and 2018. Laws: Domicile Test: The Australian taxation office provides that an Australian resident if theirdomicile is broadly the place of permanent home that is in Australia unless it is contentedthat the person’s permanent home is out of Australia. The primary rule under the DomicileAct 1982 is that an individual acquires the domicile of their birth, a domicile of their originbeing the country of their father’s permanent home1. As held in the case of “Bell v Kennedy(1868)” an individual retains the domicile of their origin unless it is noticed that an individualobtains the domicile of their own choice or by operation of law. 183 days Test: The 183 days’ test describes that a person that has been physically presentin Australia for six months in a calendar year continuously will be treated as the resident ofAustralia. However, the commissioner has stated an exception to the 183 days’ test that anindividual will not be considered as Australia resident unless he intends to take up homehere in Australia having permanent place of abode out of Australia.As defined under the “Taxation ruling of TR 98/17” person entering Australia as amigrant, student with studying visa, educational teachers or visitors on holiday will beregarded as resident under “subsection 6(1) of the ITAA 1997”2. “Section 995-1 of theAct” defines a person as Australian resident for the purpose of the act 1936. The status of residency is viewed as the main reason that helps in determiningwhether the tax liability of a person in Australia. The liability to tax is ascertained thoroughyear by year basis. As held in “Applegate v FC of T (1979)” the actions of an individualhelps in ascertaining the residential status of a person3. The ordinary notion of “resides” isconsidered comprehensive to encompass an individual arriving in Australia as the migrantpermanently and a person that is residing for a considerable time period. 1Coleman, Cynthia and Kerrie Sadiq,Principles Of Taxation Law 20132Sadiq, Kerrie et al,Principles Of Taxation Law 20143Grange, Janet, Geralyn A Jover-Ledesma and Gary L Maydew,2014 Principles OfBusiness Taxation
Australian Taxation Law: Assignment_3

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