Taxation Acc3tax - Individual Assignment

Published: 2021-06-29 06:54:01
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Taxation ACC3TAX- Individual AssignmentQuestion 1ResidencyOrdinary ConceptBased on the information, Isabelle is a resident. Isabelle satisfies the primary test because she has been in Australia and because of her series of behaviours, such as renting a house. Moreover, the fact she has bought and run a business in Australia shows that she wants to stay in Australia on a permanent basis. The temporary absence of 2 months is only for a holiday, and it is highly arguable that she left Australia for any other purpose. 183 Day test Since she arrived in Australia on 1st August 2015, she has been in Australia for more than 183 days (s6 (1)(a)(ii)) even without the one month she was on holiday in the Caribbean. The result is that if Isabelle is an Australian resident for Tax Purposes, her income from all sources should be taxed. This means she will be assessed on her worldwide income whether it was sourced in Australia or abroad. If she was a non-resident for tax purposes, only income sourced from Australia should be taxed in Australia. However, Isabelle may be able to claim a credit for any foreign tax already paid. SourceInterestInterest is generally where the loan contract was entered into (Commr of IR v Philips Gloeilampenfabrieken [1955] NZLR 868). Therefore, interest earned on Australian bank account is domestic sourced and interest on US bank account is foreign sourced.Employment incomeThis is generally where the services are performed subject to exception such as where the payment is made and where the place where the employment contract is signed (FC of T v French (1957) 98 CLR 398). Therefore, Isabelle’s employment income will ordinary be where the service is performed.IncomeIncomeAmountAnalysisSourceResultSalary from GM Detroit$10,000An Australian resident for tax purposes is assessable on income from both domestic and foreign sources. This is income from personal exertion and as a result ordinary income DomesticOrdinary IncomeSalary from GMH$25,000Australian resident is assessed on domestic source income. This is income from personal exertion and as a result ordinary incomeForeignAssessableTravel Allowance$500Allowance is taxable as statutory income. The travel allowance has the necessarily nexus with the employment Cooke & Sheriden (1980) ATC 4140.DomesticAssessableInterest received from NAB Bank Account$500Income from property is assessable ordinary income. This include interest which is income derived from moneyDomesticAssessableRental Income from her residence in Detroit$11,450Isabelle will be required to pay tax on foreign income including foreign rent that she arrives from Detroit.AssessableInterest received from Detroit Term Deposit Account$425Foreign interest is assessable to Isabelle as an Australian resident for tax purposes.AssessableBusiness Income$27,800Income generated from business  is income according ordinary conceptDomesticAssessableGenuine Redundancy Payment$15,030A genuine redundancy payment is a payment made in consequence whose employment is terminated (s83-175 ITAA97). The redundancy payment will usually have a tax free and taxable component.  Assuming  all component is taxable ForeignAssessableUnused Annual leave on Termination$500An unused annual leave payment is included in full in a taxpayer’s assessable income (s83-10 ITAA1997)ForeignAssessableBurbery Diamante watch $1,500An amount may be characterised as a product of employment even though it is paid by a third party. A payment is likely to be ordinary income where the amount is clearly related or incidental to the recipient’s employment (Brent v FC of T 1971 ATC 4195).However, where the payment has no connection with the employment activities, it will be considered as a gift and not assessable to the taxpayer (Kelly v FC of T 1885 ATC 4283)Since this payment of the watch is not a money or money in kind, the necessary provision is s15-2. Importantly, the nexus tests require the benefit to be provided ‘in respect of, or for or in relation directly or indirectly to, any employment or service’. It is arguable that the payment by Detroit Pistons is a gratuitous payment as a welcome gift for Isabelle coming to Australia (FC of T v Cooke & Sherden 1980 ATC 4140). There is no direct or incidental connection with her employment at GM and therefore most likely not assessableN/ANon-Assessable

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