Taxation Theory, Practice and Law
It is the responsibility of the student submitting the work to ensure that the work is in fact his/her own work. Ensure that when incorporating the works of others into your submission that it appropriately acknowledged.
Make it maximum of 2000 words all together.
Case study 1: Residence and source
Fred, an executive of a British corporation specializing in management consultancy, comes to Australia to set up a branch of his company. Although the length of his stay is not certain, he leases a residence in Melbourne for 12 months. His wife accompanies him on the trip but his teenage sons, having just commenced college, stay in London. Fred rents out the family home. Apart from the absence of his children, Fred's daily behavior is relatively similar to his behavior before entering Australia. As well as the rent on the UK property, Fred earns interest from investments he has in France. Because of ill health Fred returns to the UK 11 months after arriving in Australia.
Requirement - Discuss whether Fred is a resident of Australia for taxation purposes.
Case study 2: ordinary income
Explanations of the respective outcomes reached by the courts in the following cases which all involving sales of land
I. Californian Copper Syndicate Ltd v Harris (Surveyor of Taxes) (1904) 5 TC 159
II. Scottish Australian Mining Co Ltd v FC of T (1950) 81 CLR 188
III. FC of T v Whitfords Beach Pty Ltd (1982) 150 CLR
IV. Statham&AnorvFCofT89ATC4070
V. Casimaty v FC of T 97 ATC 5135
VI. MoanaSandPtyLtdvFCofT88ATC4897
VII. CrowvFCofT88ATC4620
VIII. McCurry&AnorvFCofT98ATC4487.