Subject: Taxation Law Unit Code: BBAL501 Assessment Details: A written report based on a tax-related case study Assignment: Written Report Key information Part A (Individual) Part B (Group of 2) Due...

1 answer below »
https://www.taxinstitute.com.au/news/cases10


Subject: Taxation Law Unit Code: BBAL501 Assessment Details: A written report based on a tax-related case study Assignment: Written Report Key information Part A (Individual) Part B (Group of 2) Due Date: Week 3.2 Week 6.2 Word Limit: 150 words 1400 words Submission Process: Turn-it-in Turn-it-in Weighting: 5% 20% Required: Structure: Students individually and in a group of 2 need to research a selected case related to a current tax law issue/s and write a report. This report writing has two parts to it. Part A (Individual component): By week 3.2, students must submit a summary report consisting of 150 words. The write-ups must highlight the main legal issues of the case. Individuals have weeks 1, 2 & 3 to complete this task. Students must strictly maintain the word limits. Penalty marks are applicable if the word limit is over 150. Part B (Group Component): On week 6.2, students will receive FOUR specific questions, and they must write a group report based on those given questions. These questions will NOT be available before week 6.2. Duration: Students will have 3 hours to write the group report on week 6.2. Resource: Students must use all the relevant laws and acts to analyse the case. It is critically important that students start reading the case from the beginning of the term and make necessary notes to understand the key issues, laws applied for research purposes. On week 6.2, your instructor will provide you with FOUR questions based on the given case. You will be required to write a report based on those four questions given that day. Questions will be prepared to evaluate students overall understanding and analytical skills. Your instructor will be physically present with you during the whole period to assist you with general queries. However, your instructor shall not directly help you with your research or writing the report. Reference Style: Harvard Referencing Report Submission: The written report (group) will be marked based on the given evaluation criteria. • NO REPORTS NO MARKS • NO LATE SUBMISSION • NO ATTENDANCE NO MARKS • NO EXCEPTION APPLIES Note: The case may include materials not included in the unit outline. Therefore, You may need to read beyond the study materials to do the assignment. Case Detail: • Addy v FC of T Link: • https://www.ato.gov.au/law/view/document?src=hs&pit=99991231235958&arc=false&start=1&p ageSize=10&total=9&num=5&docid=JUD%2F2020ATC20- 756%2F00001&dc=false&stype=find&cat=ZG%3A%3A%3ATaxpayer%20alerts&cat=CY%3A%3A%3 ADecision%20impact%20statements&cat=JA%3A%3A%3AATO%20interpretative%20decisions&cat =CA%2BCB%2BCC%2BCD%2BCE%2BCF%3A%3A%3ACases%20Australian&tm=phrase-basic- residency%20test • https://www.taxinstitute.com.au/news/cases10 Evaluation Criteria 5 3-4 2 0-1 • Understanding the questions and responding appropriately Students' responses reflect an excellent understanding of the case and cover all the critical information required for the analysis. Students' responses reflect a good understanding of the case and cover most of the critical information required for analysis. Students' response reflects a somewhat understanding of the case and covers a few vital information required for analysis. Students' responses reflect a low/no understanding of the case and do not cover any critical information required for analysis. • Content, analysis, and laws used. * Relevant facts mentioned along with correct tax laws. * Proper citations included in the report and referenced at the end * A well-structured analysis performed, and the essential components explained. * Most of the relevant facts mentioned along with correct tax laws. * some citations are used in the report and referenced at the end . * A good analysis performed, and the essential components explained. * Limited relevant facts mentioned along with some correct tax laws. * limited citations are used in the report, and partial reference applied. . * Analysis is done with limited information. * Not all the essential components have been explained. * Irrelevant facts and laws mentioned * No proper citations used in the report. * Analysis is done with limited information. * The majority of the essential components have not been used in the analysis. *Copied information directly from the case, showcasing poor or no understanding of the topic. https://www.ato.gov.au/law/view/document?src=hs&pit=99991231235958&arc=false&start=1&pageSize=10&total=9&num=5&docid=JUD%2F2020ATC20-756%2F00001&dc=false&stype=find&cat=ZG%3A%3A%3ATaxpayer%20alerts&cat=CY%3A%3A%3ADecision%20impact%20statements&cat=JA%3A%3A%3AATO%20interpretative%20decisions&cat=CA%2BCB%2BCC%2BCD%2BCE%2BCF%3A%3A%3ACases%20Australian&tm=phrase-basic-residency%20test https://www.ato.gov.au/law/view/document?src=hs&pit=99991231235958&arc=false&start=1&pageSize=10&total=9&num=5&docid=JUD%2F2020ATC20-756%2F00001&dc=false&stype=find&cat=ZG%3A%3A%3ATaxpayer%20alerts&cat=CY%3A%3A%3ADecision%20impact%20statements&cat=JA%3A%3A%3AATO%20interpretative%20decisions&cat=CA%2BCB%2BCC%2BCD%2BCE%2BCF%3A%3A%3ACases%20Australian&tm=phrase-basic-residency%20test https://www.ato.gov.au/law/view/document?src=hs&pit=99991231235958&arc=false&start=1&pageSize=10&total=9&num=5&docid=JUD%2F2020ATC20-756%2F00001&dc=false&stype=find&cat=ZG%3A%3A%3ATaxpayer%20alerts&cat=CY%3A%3A%3ADecision%20impact%20statements&cat=JA%3A%3A%3AATO%20interpretative%20decisions&cat=CA%2BCB%2BCC%2BCD%2BCE%2BCF%3A%3A%3ACases%20Australian&tm=phrase-basic-residency%20test https://www.ato.gov.au/law/view/document?src=hs&pit=99991231235958&arc=false&start=1&pageSize=10&total=9&num=5&docid=JUD%2F2020ATC20-756%2F00001&dc=false&stype=find&cat=ZG%3A%3A%3ATaxpayer%20alerts&cat=CY%3A%3A%3ADecision%20impact%20statements&cat=JA%3A%3A%3AATO%20interpretative%20decisions&cat=CA%2BCB%2BCC%2BCD%2BCE%2BCF%3A%3A%3ACases%20Australian&tm=phrase-basic-residency%20test https://www.ato.gov.au/law/view/document?src=hs&pit=99991231235958&arc=false&start=1&pageSize=10&total=9&num=5&docid=JUD%2F2020ATC20-756%2F00001&dc=false&stype=find&cat=ZG%3A%3A%3ATaxpayer%20alerts&cat=CY%3A%3A%3ADecision%20impact%20statements&cat=JA%3A%3A%3AATO%20interpretative%20decisions&cat=CA%2BCB%2BCC%2BCD%2BCE%2BCF%3A%3A%3ACases%20Australian&tm=phrase-basic-residency%20test https://www.ato.gov.au/law/view/document?src=hs&pit=99991231235958&arc=false&start=1&pageSize=10&total=9&num=5&docid=JUD%2F2020ATC20-756%2F00001&dc=false&stype=find&cat=ZG%3A%3A%3ATaxpayer%20alerts&cat=CY%3A%3A%3ADecision%20impact%20statements&cat=JA%3A%3A%3AATO%20interpretative%20decisions&cat=CA%2BCB%2BCC%2BCD%2BCE%2BCF%3A%3A%3ACases%20Australian&tm=phrase-basic-residency%20test https://www.taxinstitute.com.au/news/cases10 • Critical thinking and application of knowledge Students showed disciplined skill to analyse and evaluate information gathered from the unit and other relevant resources. Students showed good skill to analyse and evaluate information gathered from the unit and other relevant resources. Students showed some skill to analyse information gathered from the unit and other relevant resources. Students showed poor or no skill to analyse and evaluate information gathered from the unit and other relevant resources. • Grammar, spelling, report format & Referencing • Declaration • Students submitted a well- structured report with correct grammar, spelling, and reference list. No errors. • The group members have signed a written statement in the report. The information must explicitly confirms members equal contribution. • There are one or two but less than five errors. Reference provided. • The group members have signed a written statement in the report. The information must explicitly confirms members equal contribution • More than five but less than ten errors identified. Limited reference provided. • The group members have signed a written statement in the report. The information must explicitly confirms members equal contribution • More than ten errors. No reference • The group members have signed NO written statement in the report. Assignment coversheets The cover page must include the following information: • Name • Student ID • the unit code • the unit name • the due date • number of words • a declaration signed by both members
Answered 1 days AfterApr 27, 2021BBAL501Cambridge International College

Answer To: Subject: Taxation Law Unit Code: BBAL501 Assessment Details: A written report based on a tax-related...

Harshit answered on Apr 29 2021
133 Votes
Answer 1
As per section 6(1) of the income tax assessment act 1936, the term resident can be defined as a person who passes The Residency test. Addy was originally a British citizen who arrived to work in a farm in Australia. Therefore the 183 days Residency test would be consider
ed for Ms Addy.
Section 6 of the 1936 act find the meaning of resident or resident of Australia. Sub para a(i) discuss about the ordinary concepts test and Sub para a(ii) discuss about the 183 day test. In the case of Addy, the test of 183 days applied.
She arrived in Australia on 20th August 2015 and left on 1st May 2017. In between she was apart for a two month in the year 2016. During the two months she was touring in Southeast Asia. She arrived on a 12 month working visa. Under the 183 day test of residency, it is seen that if a person is actually present in Australia for more than half of the Year whether continuously or intermittently, it may be concluded that the person has constructive residence in Australia unless the person can specifically establish that the usable place of Abode is outside Australia or the person does not have any intention to take up residence in Australia. It is not necessary that the presence of 183 days should be on a continuous basis. All the days that one is present in Australia in income near will be calculated which will include the date of arrival and departure. It is to be noted that the income year has to be considered and not the calendar year.
As Addy arrived in Australia on 28 August 2015 and stayed till 1st May 2017, it can clearly be seen that for the year 2016-17 she was in Australia for a total period of 183 days. Therefore Addy is found to be resident under the 183 day test.
As per the trial charge Addy was a tax resident of Australia for the year 16-17 in the ordinary meaning of the resident as well as the 183 day test. But as per the Federal Court, Addy was resident only because of the 183 day test.
Answer 2
As per item 1 of part III of schedule VII of income tax rates Act 1986 and income tax rates amendment (working holiday maker Reform) Act 2016, the amendments were made in regard to Income that was derived on or after 1st January 2017 which is also known as backpackers tax (Iaquinto, B.L., 2018.) Section 3A of the rates act describes the following:
An individual will be categorised as working holiday maker at a given time that individual holds the following
· a Subclass 417 (Working Holiday) visa; or
· a Subclass 462 (Work and Holiday) visa; or
· a bridging visa permitting the individual to work in Australia.
The amount of working holiday taxable income earned in the income year by the individual will be considered as the assessable income of the individual that Income is derived from sources in Australia and wild indivisible...
SOLUTION.PDF

Answer To This Question Is Available To Download

Related Questions & Answers

More Questions »

Submit New Assignment

Copy and Paste Your Assignment Here