Taxation Law Assignment

This assignment consists of two (2) parts. Part A consists of a problem  solving scenario (1,000 words) and Part B is a research assignment  (3,000 words). You must complete both Part A and Part B. Pay careful  attention to the marking criteria at the end of each Part.  

Part A  

Julie is 22 years old and was born in Vancouver, Canada. On  2 September 2015, she arrived in Brisbane on a 12-month working  holiday visa. Prior to arriving in Brisbane Julie had always lived with her  parents in Canada.  

Julie had worked in Vancouver prior to leaving for Australia and had been  saving for her travel. She did not own any significant assets in Canada,  only personal possessions such as clothes and a few electronic items. She  left most of this with her parents while she was in Australia.  

Julie stayed in a hostel in Brisbane for 2 weeks after arriving, visiting the  Gold Coast and Sunshine Coast and other tourist attractions. She then  travelled to Bundaberg in Queensland to work as a fruit picker on a farm  for three months. She lived with other backpackers in a hostel.  

With her savings she then travelled around North Queensland, the  Northern Territory and Western Australia for three months staying in  hostels.  

When her savings started to run out Julie found work in a Perth coffee  shop. Julie shared rented accommodation with friends she had met while  backpacking. She was in Perth for three months.  

On 16 June 2016 Julie decided to return to Vancouver and moved back  into her parents' house. She wanted apply for a working holiday in the  United Kingdom so 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 Julie  would be considered a resident of Australia for tax purposes for the  income year ended 30 June 2016. You do not need to consider the  temporary residency rules. 

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LAW5230 Assignment Semester 3, 2016  

During the year-ended 30 June 2016 Julie had the following transactions:  

1. Salary from employment in Canada prior to 31 August 2015  equivalent to AUD$5,500. 
2. Salary paid by a fruit grower in Bundaberg AUD$6,000.   A $250 prize for winning the annual watermelon eating contest in  Bundaberg.
3. Interest on her Australian bank account of $180.
4. Interest on her Canadian bank account equivalent to AUD$200,  from which $20 withholding tax had been deducted by the Canadian  bank prior to crediting her account on 1 March 2016.
5. $220 from the sale of excess clothing, sleeping bag and other  personal items on ebay prior to Julie leaving Australia.

Required:  

Based on your conclusion on Julie's residency, and discussing the source  and derivation of income principles, state which amounts would be  included in her assessable income for the year. You do not need to  consider the consequences of any Double Tax Agreements.

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:  

1. An in-depth your understanding of how the specific tax law applies,   The policy context of the law and if relevant how other jurisdictions  deal with similar issues, 
2. 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.

PART – A

Let us test whether Julie is a resident of Australia or not.

The words “resident” and “resident of Australia” are stated and explained in subsection 6(1) of the Income Tax Assessment Act 1936. These terms refer to an individual and not anyone else

“(a) a person, other than a company, who resides in Australia and includes a person-

(i) whose domicile is in Australia, unless the Commissioner is satisfied that his permanent place of abode is outside Australia;

(ii) who has been in Australia, continuously or intermittently, during more than one-half of the year of income, unless the Commissioner is satisfied that his usual place of abode is outside Australia and that he does not intend to take up residence in Australia; or 

(iii) who is an eligible employee for the Superannuation Act 1976 or is the spouse or a child under 16 years of age of such a person;