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Case Study Of An Australian Tax Law

Decent Essays

It is necessary for Jenny to be an Australian resident according to ordinary concepts. Tax rulings 98/17 assist to determine the residency of a person. In this case, Jenny is physically present in Australia. Additionally she leased an apartment for 9 months. She considers this apartment as her home during her stay. Moreover, her parents visit her two times. These are enough reasons for Jenny to be Australian resident for taxation purposes. So, Jenny is regarded as a resident of Australia.

Domicile test

It is apparent from Jenny’s activities that she has intentions to make Australia as her permanent place of abide. It is her original intention to live in Australia for more than one half of year as she leased an apartment for nine …show more content…

According to Moorhouse v Dooland, all the earnings from personal exertion may be considered as ordinary income. If there is enough connection between the individual service and the receipt then it will be regarded as ordinary income. If the payment is not assessable as ordinary income but it can be assessable under section 15-2 of Income Tax Assessment Act 1997, as statutory income. The important factor here is to identify whether the person has given up some valuable rights.

Application:

a) $100000 annual salary:

It is clear from the facts that $100000 is her salary, so it is assessable as ordinary income. It is a service from personal exertion. This amount is annual so it is regular and periodic. There is a sufficient nexus or flow between the receipt and her personal service. Hence, it is evident that $100000 is ordinary income because it satisfies the characteristics of section 6-5 of Income Tax Assessment Act 1997. It can be further explained in relation to Arthur Murray (NSW) Pty Ltd v FCT (1965) , which shows that the income is only assessable when it is derived and earned.

b) $400000 lump sum payment:
In the case of $400,000 lump sum amount, if there is satisfactory connection between the receipt and her personal service then this amount will be considered as ordinary income. However, under section 15-2 of Income Tax Assessment Act 1997, it may be considered as statutory income if there is any benefit, bonus and if

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