LEGL300: Taxation Law - Sam Case Study - Tax Law Assignment Help

Assignment Task:

Part 1

Sam is an Australian Citizen, who had lived all his life in Brisbane, and gained an appointment to a university in New Zealand for 5 years to teach art. Sam arrived in New Zealand with his family on 1 July 2018. He rented his Brisbane home out and signed a two-year lease for a large house in New Zealand for him and his family.

In late 2018, he separated from his wife and kids, who returned to Brisbane earlier due to change in family circumstances. Sam still expected to return to Brisbane 2023 when the 5-year contract ended.

However on 31 December 2019, Sam was informed that his contract with the university was being terminated. He was shocked. He returned to Brisbane in early January 2020.

REQUIRED:
a) Advise Sam why he was a tax resident in FY2019 or not under ITAA 1936 s6(1)?
a) Is he a resident in FY2020, why?
b) Based on your conclusion, advise Sam also of the consequences.

Part 2 

Advise whether the following are likely to be ordinary income or not? To justify your advice, you must refer to relevant case law, and apply the law in the given context.
a) Tom received $5,000 of unemployment benefits from the Government in this financial year.

b) Mike was injured at work, he received compensation from the insurance company. The amount includes a payment of $4,000 for three weeks lost wages.

c) John sold his investment property located in the Melbourne CBD in May 2020. It cost him $1m, and he sold it for $2m. He bought the property in 1980. He did some renovations to the property prior to selling the property.

d) John’s son is a 19-year-old university student, who worked in John’s business. John paid him $26/per hour and also gave him an expensive Christmas present.

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