Introduction.
Individuals thrive off producing income in order to meet their day-to-day needs and wants. Tax is imposed on these income producing activities to provide the government revenue. This involves identifying the various ranges of assessable income. The legal question which must be addressed is any of the income that was earned by these individuals assessable income under the Australian income tax assessment act? To answer this question, we must determine if a nexus exists between Australia and the person(s) being taxed by applying the concepts of Residency, Source and Derivation.
1. Residency.
Residency is important because it is the basis as to how the government will tax individuals.
S6-5(2) and s6-5(3) ITAA97 states
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In this case, the taxpayer was a Greek national resident in Australia employed by a Greek Press and Information Service located in Sydney which was an instrumentality of the Greek Ministry of Foreign Affairs. A position in Greece was applied for but was not appointed until after she had migrated to Australia. She became a permanent public servant of the Greek Government upon taking up the position and behaved as a consulate employee. Her income was subject to tax in Greece. The Greek Government forwarded her salary to the Sydney office after deductions had been made for tax and superannuation.
It was held by the court that according to s.23(q) of the Income Tax Assessment Act 1936 the income of the taxpayer was derived from a source within Australia, as such, would be subject to Australian taxation laws.
The taxpayer in this instance was sourcing income from Australia. The destination where payment was originating from becomes unimportant. Regardless of the fact that the employing entity is, or is not an Australia resident nor does it have to be situated in the same country. In contrast, it is where the relevant work was performed that becomes the main focus to determine assessable income.
2.1.1.1 Income derived from work performed in Dubai.
Applying this reasoning to Melinda and Aaron, although the contract made with Jacobs, Sly & Bennett was signed in Australia and payment of
First, why did the Western Australian government believe it had a done deal with the Commonwealth that the Bell legislation — which would have cost the Australian Tax Office $300 million in lost tax revenue, as the legislation put the ATO down the queue of creditors of the failed Bell Group — would not be challenged by the Commonwealth? “[T]he Commonwealth’s agreement was critical to the passage of the Bell Act,” WA Treasurer Mike Nahan said in WA Parliament in May. “We had a deal with the Commonwealth that it would not oppose the Bell Act. Despite the deal we thought we had, the Australian Taxation Office thought that it had to have its say in the High Court.”
As previously mentioned, the contract in which the taxpayers entered into changed in 1985. It should be noted that while the contract with Oz to
* Australian residents are liable for tax on their worldwide income. While Non-residents are liable for their income with an Australian source.
Australians, was a domestic organization. While the party was actively aggressive towards governmental policies, they did not have the capacity to be at war with the Commonwealth. This provision bore no relation to
Commonwealth Government, Budget Paper No 3: Australia’s Federal Relations, 2009-10, 12 May 2009, p 7.
Australians paying for various services from overseas such as repaying loans or paying interest on loans
In the case of Minister for Immigration and Boarder Protections V Han , the main issue is related to the eligibility to become Australian citizen by conferral. Is it possible for a person, to be eligible for Australian citizenship, who is permanent resident of Australia, married to Australian citizen and lived overseas for majority of period at the time of application was filed for Australian citizenship. This matter was presented to Federal Court in the case of Minister for Immigration and Border Protection v Han [2015]FCAFC 79.1
The amount of Robinson’s taxable income in Australia for the year ending 30 June 2011 is:
In determining the constitutional validity of a law, one must first look at whether or not the Commonwealth has the ability to create the law in the first place. Section 51 of Australia’s Constitution outlines
individuals who are not Australian residents and don't have consent to be in the nation) to be
An 'Australian occupant ' implies in s 995-1 ITAA97 as a man who is the visitor for the reason of the ITAA36. The ITAA36 is extremely significance of "occupant" in specified in s 6(1). This demonstration gives distinctive sorts of definitions for the people (para (an) and organizations (para (b). the particular means is accessible underneath.
Turnbull v McGregor ****where the homemaker’s contribution to the property in a 32 yr relationship was valued at just 16%. This ineffectiveness was addressed with the Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008 (Cth), through enabling them to resolve their financial and parenting issues in the Family Law Court, using nationally consistent processes *————————>Family Law Amendment ( De Facto Financial Matters & Other Measures) Act 2008 - changes jurisdiction from
An increase in skilled immigrants can greatly alleviate the current fiscal burden that the aging population of Australia is having on the economy but only until the point where the migrants themselves age. The number of migrants that relocated to Australia throughout last year was 212, 700 people which contributed to the estimated 28.1% of the population being born overseas. Approximately 68% of immigrants were those with the purpose of working within Australia. The increase in skilled migrants greatly improves the dependency ratio which is currently 51 dependent persons to every 100 labour force aged workers.
3. Phillips, Janet and Spinks, Harriet. 2012 "Skilled migration: temporary and permanent flows to Australia" Social Policy Section, Parliamentary Library.
Before reading the paper, I had no idea what “horizontal equity” and “vertical equity” were. These terms were described in detail at the beginning of the paper and allowed me to more thoroughly understand the key points that the authors made. When explaining how certain parts of the Australian tax system function, the authors made analogies to compare the tax system in Australia to that of other countries, such as the United States. However, some words and terms that the authors used were not clearly defined in the text. Luckily, I have had experience with some of the vocabulary words that the author used, such as "tax burden” and "progressive income tax system". Although, When it came to terms like “marginal income tax”, I had to do further background research so that I could gain an in-depth understanding of what the authors were saying. The authors state, "at the end of 2012, the marginal income tax rate for a person on average weekly earnings had risen to 37%". This left me wondering what marginal income tax is, and why Australia’s marginal income tax had fluctuated so much; neither of these items were explained in the paper. I believe that an average reader, with very little tax or business knowledge, would be unfamiliar with a large majority of these terms. If I were the authors, I would more clearly define the terms that I commonly used throughout the