7106AFE: Individual Tax Advice - Tax Status and Income Position - Tax Law Assignment Help

Assignment Task:

Description:

Your overall Assignment is in two parts. This is Part A, which requires you to individually write advice to a client in relation to their residence tax status and assessment income position. This Part A advice is due on 13 September 2019.
   
Purpose:(7106AFE)
To demonstrate students’ abilities to understand the general operation of the Australian taxation system and be aware of the various sources of taxation law, and how to find and use them; understand and apply the important concepts that underpin the income tax system such as residency for Australian tax purposes as it relates to assessable income; appreciate tax policy implications affecting individuals;  use their research skills (especially using the internet and electronic databases) for a practical application – namely, to accurately advise a client in relation to his or her income tax position; use their legal problem-solving skills to apply tax law to a factual situation and to reach a defensible conclusion, including whether further information is required; and to manage relations with clients and stakeholders.

Question: Letter of Advice (7106AFE)
 
Assume that you are writing as of 10 June 2019. (In this way, you can use your text and other materials based on the 2018/19 income tax year).  You have a new client, Gabby, who advises you that her employer, Catholic Hospital Services, has discussed an opportunity with her where she could work in its hospital in Auckland in New Zealand for two years, commencing on 1 July 2019. Although Gabby is interested in this opportunity to live and work overseas, she is concerned about the Australian Taxation Office (ATO) forming the view that she would retain her Australian residency during this time. In addition, Gabby is an elite competitor in triathlons, and her employer has agreed to her taking annual leave from 1 November and 31 December 2020 inclusive, in order to return to Australia and attend the various triathlon races in Australia over the Christmas season.  Gabby anticipates that she will spend the rest of her time catching up with family, friends and work colleagues while travelling throughout the east coast of Australia in order to compete in the triathlon in which she has entered.  
 
Gabby has been referred to you by a mutual friend who speaks very highly of you, and Gabby is confident that you will be able to provide her with some clear advice on this issue. She has indicated that she would only be interested in working in New Zealand if the ATO considered her to be a non-resident during the two years she would be absent from Australia. You are required to write a letter to Gabby outlining the law on this residency issue and how the law would apply to her under the scenario in contemplation.  
 
Your letter to Gabby should refer to relevant sources of law (and any relevant ATO guidance on relevant issues). Your letter should also refer to the implications of being a resident or a non-resident during the two years. Gabby has some doubts about the implications of the visit to Australia during November and December 2020 in terms of her residency. She has asked you for advice on this specific issue and stated that she may consider staying in New Zealand if the trip to Australia is likely to increase the chances of her being an Australian resident for tax purposes. As well as providing advice, your letter should set out any additional questions for Gabby that are relevant to the residency issue. Finally, your letter should refer to the steps that Gabby should take to ensure certainty for her in relation to the ATO’s view on her residency status for tax purposes.  

 
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