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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.
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.
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:
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.
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:
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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;