FNSACC522 Prepare Tax Documentation for Individuals

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FNSACC522 Prepare Tax Documentation for Individuals Assessment questions: 1. Income according to ordinary concepts’ is not defined in ITAA97 or ITAA36, so it is necessary to apply common law concepts in determining whether an amount earned is ordinary income. Explain “income according to ordinary concepts” under common law and its relationship with “assessable income”. In your response, reference any relevant ITAA36 and/or ITAA97 provisions. Answer – Reference Book 1.4 – Income Tac Basic Principles and https://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/ itaa1997240/s6.5.html– Income according to ordinary concepts: This includes ordinary income. Note: Some of the provisions about assessable income listed in section 10-5 may affect ordinary income treatment.              (2)  If you are an Australian resident, your assessable income includes the * ordinary income you * derived directly or indirectly from all sources, whether in or out of Australia, during the income year.             (3)  If you are a foreign resident, your assessable income includes:                      (a)  the * ordinary income you * derived directly or indirectly from all * Australian sources during the income year; and                      (b)  other * ordinary income that a provision includes in your assessable income for the income year on some basis other than having an * Australian source.              (4)  In working out whether you have derived an amount of * ordinary income, and (if so) when you derived it, you are taken to have received the amount as soon as it is applied or dealt with in any way on your behalf or as you direct. A key idea in Australian tax law is "income according to ordinary concepts," which is not expressly defined in the Income Tax Assessment Act 1936 (ITAA36) or the Income Tax Assessment Act 1997 (ITAA97), but rather comes from common law principles. This idea is a benchmark for determining whether a taxpayer's receipt of an amount qualifies as assessable income for taxation purposes. Any sum that becomes due to a taxpayer on a regular, periodic, or recurring basis due to their ordinary activities—such as employment, business operations, investments, or other sources—is referred to as "income according to ordinary concepts" under common law principles. This definition includes a wide range of receipts, including capital gains, dividends, interest, wages, salaries, and profits from business operations. The primary factor in identifying whether a sum of money meets the definition of income under common law is its nature and regularity in respect
to the taxpayer's regular activities. The receipt is probably going to be regarded as ordinary income if it comes from activities that are a regular part of the taxpayer's routine. However, depending on whether they are of a capital nature or constitute windfall gains that are not the result of ongoing or regular activity, some receipts might not be considered income under standard concepts. For example, unless they are received in the regular course of the taxpayer's business, proceeds from the sale of a capital asset, gifts, or inheritances typically do not qualify as ordinary income. Under Australian tax law, all forms of income, including income from statutory and ordinary sources, are considered "assessable income." "Ordinary income derived directly or indirectly from all sources during the income year" is the broad definition of assessable income given in Section 6-5 of the ITAA97. This definition includes income as defined by common law and other statutory provisions that classify certain receipts as income that must be paid for taxes. In conclusion, although the ITAA36 and ITAA97 do not define the term "income according to ordinary concepts," it nonetheless refers to a fundamental idea of common law-derived Australian tax law. It acts as a standard for determining which receipts, depending on their regularity, recurrence, and relationship to the taxpayer's income, qualify as assessable income for tax purposes . 2. a) Explain the significance of the residency of a taxpayer and the source of income in relation to assessable income. Answer – Reference Book 1.8 Income Tax Rates – Individuals , https://www.ato.gov.au/individuals-and-families/financial-difficulties-and- disasters/covid-19/support-for-individuals-and-employees/residency-and- source-of-income , https://www.ato.gov.au/businesses-and-organisations/international-tax-for- business/in-detail/income/tax-on-australian-income-for-foreign-residents The assessable income for tax purposes is determined in large part by a taxpayer's place of residence and source of income. These components aid tax authorities in defining the range of income subject to taxation as well as the jurisdictional basis for taxation. Let's examine each in detail: Location of a Taxpayer: Resident Taxpayer: A resident taxpayer is usually required to declare and pay tax on income earned both inside and outside of the nation in which they are deemed to be a resident for tax purposes. This is because they are subject to tax on their worldwide income. One's residency is established based on elements including the length and intent of the visit, place of residence, and other connections to the nation's authority. A taxpayer who is not a resident: Generally, non-resident taxpayers are only subject to taxes on income received from the Determination of
Residency. Tax residency regulations differ between nations. Certain countries determine residency based on factors like domicile or the location of permanent residency, while others use criteria like the number of days spent in the country during a tax year. The act of having dual residency or residing in multiple countries can result in intricate tax implications. In order to ascertain the primary tax jurisdiction, tax treaties and tie-breaker rules must frequently be taken into account. Trade Agreements: Bilateral tax treaties are a common way for countries to reduce tax evasion and avoid double taxation. Treaties frequently contain provisions that determine residency status, distribute taxation rights among nations, and offer relief from double taxation by way of tax credits or exemptions. Tax treaties may supersede national tax legislation. Permanent Establishment (PE) Understanding the definition of a permanent establishment (PE) is essential for companies that operate internationally to determine their tax obligations in other countries. In general, a fixed place of business (PE) is where a company conducts its operations. Profits attributable to a PE may be liable to taxation in the nation in which the PE is situated, frequently in accordance with the income that the PE actually generates or is assumed to generate. Tax Preparation and Adherence: It is crucial to comprehend the income source and residency status for the purposes of tax compliance and planning. By strategically placing their sources of income and utilizing relevant tax treaties or exemptions, taxpayers can arrange their affairs to minimize their tax obligations. adherence to tax laws b) Identify and describe each of the four residency tests to explain how residency is determined. In your response, make reference to the relevant provisions of the ITAA36 and/or ITAA97. Answer:- Reference : Book Definition of Assessable Income, https://www.oecd.org/tax/automatic-exchange/crs-implementation-and-assistance/ tax-residency/Australia-Residency.pdf https://taxboard.gov.au/sites/taxboard.gov.au/files/migrated/2018/07/T307956- income-tax-res-rules.pdf Australia uses the Income Tax Assessment Act 1936 (ITAA36) and four primary tests, as explained by case law, to determine residency for tax purposes. For tax purposes, these tests assist in determining whether a person is a resident or non- resident. The descriptions of the four residency tests are as follows: Test of Residences: The person's behaviour, way of life, and desire to live permanently or indefinitely in Australia are the main topics of the Residence Test. The assessment considers multiple elements, including the person's economic pursuits, social and familial relationships, and the length and consistency of their
stay in Australia. The ITAA36's Section 6(1) defines a resident as "a person who resides in Australia." The term "resides" is not defined by statute. As a result, the decision is founded. Domicile Test: - The domicile test focuses on an individual’s permanent home, where they have the most significant connection or legal tie. It considers factors such as the place of birth, family ties and the intention o return to particular jurisdiction. Section 6(1) of the ITAA36 includes provisions regarding the domicile of the origin and the acquisition of a domicile of choice. 183-Day Test: The 183-Day Test determines if a person has spent 183 days or more in Australia during a specific fiscal year. This is a very simple test that depends only on how many days you have spent in Australia. The ITAA36's Section 6(1) contains provisions pertaining to the 183-day test for determining residency. For tax purposes, a person is usually deemed a resident if they spend 183 days or more in Australia during the fiscal year. Test of Superannuation: The Superannuation Test is only applicable to Commonwealth government employees who work abroad. For tax purposes, a person is usually regarded as an Australian resident if they are a contributing member of the Australian government's superannuation scheme. ITAA36 Section 6(1). Each of these residency test provides a framework for determining an individual tax residency status in Australia. The tests may be applied individually or in combination, depending on the circumstances of each case. 3. a) Give three (3) examples to explain the concept of foreign income. Answer :- https://www.ato.gov.au/tax-and-super-professionals/for-tax-professionals/prepare- and-lodge/tax-time/before-you-lodge/foreign-income https://www.ato.gov.au/tax-and-super-professionals/for-tax-professionals/prepare-and- lodge/tax-time/before-you-lodge/foreign-income#ato-Reportingforeignincome Overseas Employment Income: Income earned by an Australian resident individual from employment services performed overseas qualifies as foreign income. For instance, if an Australian citizen works for a multinational corporation in Singapore and receives a salary for their services rendered abroad, that salary is considered foreign income for Australian tax purposes. Foreign Investment Dividends: Dividends received from investments in foreign companies are classified as foreign income. For example, if an Australian investor holds shares in a U.S.-based company and receives dividends from those shares, the dividends are considered foreign income in Australia. Rental Income from Overseas Properties: Rental income derived from properties situated outside Australia constitutes foreign income. Suppose an Australian resident owns a rental property in the United Kingdom and earns rental income from
tenants occupying the property. In that case, the rental income generated from the UK property is considered foreign income under Australian tax law. In each of these examples, the income is generated from sources located outside Australia or derived from activities performed outside the Australian tax jurisdiction, thereby meeting the criteria for classification as foreign income. It's essential for Australian residents earning foreign income to comply with Australian tax laws regarding reporting, disclosure, and potential taxation of such income, including any provisions for foreign tax credits or deductions to avoid double taxation. b) Explain how international tax agreements might impact on the taxation of foreign income received by Australian resident taxpayers. In your response include an explanation of Foreign Income Tax Offsets and make reference to the relevant provisions of the ITAA36 and/or ITAA97. Answer:- Reference: https://www.ato.gov.au/individuals-and-families/income-deductions- offsets-and-records/tax-offsets/claiming-a-foreign-income-tax-offset https://www.ato.gov.au/individuals-and-families/your-tax-return/instructions-to-complete-your- tax-return/mytax-instructions/2020/income/foreign-income/other-foreign-income International tax agreements, also referred to as tax treaties, clarify the tax treatment of foreign income received by Australian resident taxpayers, thereby reducing the incidence of double taxation and promoting cross-border trade and investment. These agreements set forth guidelines for dividing up taxation rights among nations and offer safeguards against or relief from double taxation of the same income. Domestic laws, particularly the Income Tax Assessment Act 1936 (ITAA36) and the Income Tax Assessment Act 1997 (ITAA97), affect tax treaties in the context of Australian tax law. The provisions of these Acts set forth the guidelines for the taxation of foreign income received by Australian residents and incorporate the provisions of tax treaties into Australian law. The Distribution of Taxing Rights and Tax Treaties: In general, tax treaties distribute taxing rights among nations to avoid double taxation. They outline procedures for figuring out where taxpayers must reside, outline the taxable income in each nation, and offer dispute resolution procedures when two nations want to impose taxes on each other. For instance, a tax treaty may stipulate that, subject to certain restrictions and conditions, income from dividends, interest, and royalties received by an Australian resident from overseas sources will be subject to taxation in Australia. Foreign Income Tax Offset (FITO): Through the FITO, taxpayers who are residents of Australia may deduct their foreign assets tax payments made on
from their Australian tax obligations. The rules pertaining to foreign income tax offsets, such as the qualifying requirements, computation process, and offset claim limitations, are described in Section 770-10 of the ITAA97. Subject to certain restrictions and limitations outlined by Australian tax law and any applicable tax treaties, taxpayers may claim the Foreign Income Tax Offset (FITO) for taxes paid in foreign jurisdictions on income that is also subject to Australian tax. In conclusion, international tax agreements, such as tax treaties, have an impact on how foreign income received by taxpayers who are residents of Australia is taxed because they set guidelines for allocating taxing rights and avoiding double taxation. 4. The following were received by the relevant person or body during the financial year ended 30 June 2022 . Indicate whether the item is assessable income, exempt income or not income under the Act. Quote the section number for all assessable and exempt amounts. Receipt Identify the receipt as As- sessable income/Exempt in- come or a non-income receipt Relevant Section Example: Army Reserve wages Exempt income S51.5 Insurance receipt $35,000 for stock lost in a fire Assessable Income Section 6-5 A $5,000 prize to a teacher for the best performance Assessable Income Section 6-5 Reimbursement to an employee of $150 in private car expenses Assessable Income Section 6-5 $15 million income earned by a charitable institute Exempt Income Section 50-5 Age pension of $4,000 (no sup- plementary amounts received) Exempt Income Section 52.10 5. The following expenses were incurred by the relevant person or body during the year ended 30 June 2022 . Indicate whether each item is deductible or non-de- ductible expense under the Act. Quote the section numbers where relevant. Indicate in the ‘Deductible or Non-de- ductible’ column: ‘Yes’ for deductible OR ‘No’ for non-deductible.
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