LAW5230: Taxation Law - Catherine - Law Assignment Help

Assignment Task:

Part A:

Catherine is 22 years old and was born in Cardiff, Wales.  On 20 August 2018, she arrived in Brisbane on a 12-month working holiday visa.  Prior to arriving in Brisbane Catherine had always lived with her parents in Wales.
 
Catherine had worked in Cardiff prior to leaving for Australia and had been saving for her travel.  She did not own any significant assets in Cardiff, only personal possessions such as clothes and a few electronic items.  She left most of this with her parents while she was in Australia.

Catherine stayed in a hostel in Brisbane for 2 weeks after arriving, visiting the Gold Coast and Sunshine Coast and other tourist attractions.  She then moved into a shared house with other working holidaymakers and worked at a café and hotel in Brisbane city as a casual employee.
 
As she was required to work in a rural area as part of her visa requirement, in February 2019 she travelled to central Queensland to work on a cattle station for two months.  When she returned to Brisbane in April 2019 she went back to live in the same shared house.
 
On 16 July 2019, Catherine decided to return to Cardiff and moved back into her parents’ house.  She wanted to apply for a working holiday in Canada and started working and saving for her next adventure.  After six months she started travelling again.

Required:
 
Discuss with reference to legislation, case law and/or rulings whether Catherine would be considered a resident of Australia for tax purposes for the income year ended 30 June 2019.  You do not need to consider temporary residency rules.

• Catherine provides you with the following financial information for the year ended 30 June 2019: 
• Salary from employment in Wales prior to 20 August 2018 equivalent to AUD$5,500.
• Salary paid by her Australian employers for work at the café, hotel and cattle station AUD$36,000.
• A $250 prize for winning the annual pie-eating contest in Cloncurry, Queensland.
• Interest on her Australian bank account of $50.
• Interest on her bank account in Wales equivalent to AUD$180, from which $20 withholding tax had been deducted by the bank prior to crediting her account on 1 March 2019.
• $350 from the sale of excess clothing, sleeping bag and other personal items on eBay in June 2019 prior to leaving Australia. 

Required: 
i) Assuming that Catherine is a resident of Australia for tax purposes for the whole year ended 30 June 2019, what amount should she include in her assessable income in Australia? 

ii) Assuming that Catherine is a foreign resident (non-resident) of Australia for tax purposes for the whole year ended 30 June 2019 what amount should she include in her assessable income in Australia?

Part B
You are required to prepare a written research assignment that addresses one of the provided topics below. The purpose of the task is for you to demonstrate high-level critical reflection and analytical reasoning skills in the context of the application of Australian taxation law and taxation law policy. You must undertake academic research which demonstrates the following:

• An in-depth understanding of how the specific tax law applies,
• The policy context of the law and if relevant how other jurisdictions deal with similar issues,
• Critical reflection as to whether the law achieves its stated purpose aligns with principles of good tax policy or could be improved/amended. These critical reflections should be supported by the research you have undertaken as well as your own independent thought.  

 
Topic Choices 
 
1. Australia’s Residency Rules

• Briefly outline the current tax rules for the residency of individual taxpayers in Australia;
• Discuss and critically evaluate the Board of Taxation’s recent suggestion to amend the residency rules, as well as recent case law;
• Compare the Australian rules to the rules in one other country;
• Conclude as to whether the current rules should be changed. 

 
2. International Tax Avoidance

• Briefly outline why the avoidance and/or minimisation of tax by large multi-national corporations is of great concern to Governments and tax administrators;
• Discuss and critically evaluate at least one common method multinational corporations might use to avoid tax in Australia and a current strategy implemented by the Government that is used to prevent this.
• Compare the Australian rules to the rules in one other country;
• Conclude as to whether the current rules should be changed. 

 
3. Negative Gearing

• Briefly outline what is meant by negative gearing and how the Australian tax system treats negatively geared investments;
• Discuss and critically evaluate the extent to which tax-deductible negative gearing impacts upon savings and investment decisions and recent election policies to amend the current rules;
• Compare the Australian rules to the rules in one other country;
• Conclude as to whether the current rules should be changed. 

4. Small Business CGT Concessions

• Briefly outline the Small Business CGT Concessions in Australia;
• Discuss and critically evaluate the Small Business CGT Concessions in Australia, including the overall policy objectives and your evaluation of whether the regime currently meets these objectives;
• Compare the Australian concessions to the concessions in one other country;
• Conclude as to whether the current rules should be changed.

5. Superannuation Tax Concessions

• Briefly outline the changes to Australia’s superannuation tax concessions effective from 1 July 2017 and the purpose/policy intention of those changes;
• Discuss and critically evaluate whether the recent changes are equitable and an improvement to the prior system;
• Conclude as to whether the additional reforms to Australia’s superannuation tax concession system are required. 

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