Assessment Brief Business Faculty Taxation Law TAL305 Level 300 Trimester 3 2020 Assessment Brief ASSESSMENT ONE TAL305_T3 2020 TAXATION LAW Assessment 2 Due: Week 11 Weighting: 30% Learning Outcomes:...

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Assessment Brief Business Faculty Taxation Law TAL305 Level 300 Trimester 3 2020 Assessment Brief ASSESSMENT ONE TAL305_T3 2020 TAXATION LAW Assessment 2 Due: Week 11 Weighting: 30% Learning Outcomes: a. Describe and explain the principles and operations of the Australian taxation system and the Tax Assessment Act b. Use and apply the concepts of assessable income and allowable deductions to calculate taxable income and tax payable for individuals and basic company operations c. Research and analyse examples of taxation cases to illustrate tax rulings d. Analyse, discuss, and apply problem-solving skills to resolve issues relating to taxation law and practice Description: Practical exercises assess students’ ability to apply theoretical learning to practical, real world situations. In this assessment students will be provided with a comprehensive case study of a fictitious client. The case study will include a range of taxation issues drawn from topics covered throughout the unit and students will be required to prepare a tax return for the client. The tax return and supporting documentation/schedules must be completed using suitable taxation software and with reference to the Australian Taxation Office website. Details of how to access the ATO site and use relevant software will be discussed throughout the subject. Students will be required to prepare a comprehensive Statement of Taxable Income together with supporting documentation, and also to calculate client tax payable based on the taxable income. Students must explain how each item in the calculation of tax payable has been determined. Details: This assignment is to be submitted by the due date soft-copy though learning management.The assignment is to be submitted in accordance with assessment policy stated in the unit Outline.It is the responsibility of the student submitting the work to ensure that the work is in fact his/her own work. Ensure that when incorporating the works of others into your submission that it appropriately acknowledged. Assessment Questions: Research any three of the following Australian cases involving a Taxation issue: 1. Weeks v. Federal Commissioner of Taxation - (25 January 2013) 2. Sanctuary Lakes Pty Ltd v. Federal Commissioner of Taxation - (24 May 2013) 3. TAN v FC of T, Administrative Appeals Tribunal of Australia, 21 December 2016 4. Walker v. Federal Commissioner of Taxation - (14 March 2017) 5. Kael v. Federal Commissioner of Taxation - (20 January 2017) 6. VO & ANOR v FC of T, Administrative Appeals Tribunal of Australia, 26 May 2015 https://www.ato.gov.au/law/view/document?src=hs&pit=99991231235958&arc=false&start=11&pageSize=10&total=952&num=2&docid=JUD%2F2017ATC10-444%2F00001&dc=false&tm=and-basic-weeks%20v%20FC%20of%20T Assessment Brief ASSESSMENT ONE TAL305_T3 2020 Write a report (Letter of Advice) as a tax adviser to your client outlining the following: • Case introduction. • Outline the Sections breached and explain why those sections were breached. • Discuss and critically ANALYSE the court/tribunal decision and the reason for the decision in view of the corresponding Act (e.g. GST, FBT, etc) • Provide recommendation how this case will have potential impact on financial planning. Maximum word limit – 1,000 words for each case. Proper referencing in accordance with school regulations. Submit this assignment on-line. TAXATION LAW Assessment 2
Answered Same DayNov 22, 2021

Answer To: Assessment Brief Business Faculty Taxation Law TAL305 Level 300 Trimester 3 2020 Assessment Brief...

Riddhi answered on Nov 25 2021
147 Votes
Weeks V Federal Commissioner of Taxation
Introduction
The facts of the case are that an employee who was the age of 59 years was considering retirement but the national director was of the opinion that she is considering retirement before her long service leave and she should consider taking long service le
ave first after which she opted for recreational leave on 06th July 2009 till 13th August 2009. Later she opted for long service leave from 21st August till 30th November 2009. In the meantime, company decided to reorganize the ATO in the event of amalgamation with another office in 2010. On 23rd October 2009, the employee raised the possibility of voluntary redundancy to which national director concluded that a position in litigation and legal support is available for her to join the work at EL2.1 level. Later the employee filed a notice of dispute and remained on leave without pay till March 2010. In the letter dated 18th February 2010 it was stated by assistant commissioner that the employee cannot be employed as per the provisions of Clause 97, Executive level 2. Later another letter was received on 11th March 2020 which stated that the services of employee cannot be utilized by ATO and an alternative position is not available. The final letter received on 30th March 2020 from Commissioner of taxation accepted the offer of redundancy of the employee as the services cannot be fully utilized. The commissioner filed an appeal on 16th April 2012 against the said judgment.    
Section and Rule
Sec 83-175 of the Income Tax Assessment Act 1997 – Genuine redundancy payment is the payment received by an employee in the event she has been dismissed from employment as the result of employee position being redundant. A reasonable amount needs to be compensated in the event of voluntary termination or her employment being dismissed.
As per Sec 29(3) of Public Service Act 1999, the grounds of termination could be that the employee is in excess to the requirements of the ATO or such other agency.
Sec 97.1 of ATO (Executive Level 2) of the Agency Agreement Act 2009 states that in the event wherein the services of the employee cannot be completely utilized because of change in technology or work or reorganization wherein the employee will be able to leave work with dignity and respect for their contribution in past.
As per Sec 97.2 this type of provisions is only utilized in the event of the position of employee is still required but the position is being replaced by another employee.
Sec 29(3) (a) states that the issue in respect of termination of the officer’s employment is the redundancy should be genuine as stated in Sec 83-175(1).
Recommendation
The question of law is whether the redundancy is genuine. In the facts of the case it is clearly stated the aspects of redundancy and its eligibility. The respondent raised question of law in paragraph 12 to 15 stated that the notice of appeal is not in respect of question of the law but there was no basis for the appeal to be filed as there had been no error by the primary judge in the judgment....
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