Hi, I hope to have precise referencing for the information (e.g. legislation, tax ruling, case law). Thank You! The textbook we use is Australian Taxation (2022,2nd edn) with the author of...

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Answered Same DayMay 05, 2023

Answer To: Hi, I hope to have precise referencing for the information (e.g. legislation, tax ruling, case law)....

Robert answered on May 06 2023
35 Votes
INDEX
Particulars                            Page No.
Introduction                                1
Residency check for Paul                    2 - 5
Paul’s Income                            6    
Paul’s Expense                            7
Paul’s income tax liability                    8 - 11
Introduction
This report will show how we can test the residency for Australia people. This report also describes which income will be included in the tax liability and expenses incurred while earning those incomes whi
ch will be included in the tax liability. This also includes the calculation of income tax liability.
1. To determine whether someone is an Australian tax resident, the Australian Taxation Office (ATO) considers various factors. Generally, to be classified as an Australian tax resident, an individual must satisfy at least one of the following conditions:
· An individual can be classified as an Australian tax resident if they either have a permanent residency status in Australia or have the intention to reside in the country on a permanent basis, regardless of whether they have always lived in Australia or recently moved there.
· An individual can be classified as an Australian tax resident if they have stayed in the country for six months or more, and during this time they have been employed at the same job and lived at the same place.
· Unless an individual's permanent residence is outside of Australia and they do not intend to reside in the country, they can be considered an Australian tax resident if they have stayed in the country for more than six months during a financial year.
· If an individual goes abroad for a temporary period and does not establish a permanent residence in any other country, they can still be considered an Australian tax resident.
· They are an overseas student enrolled in a course that lasts for more than six months. { Your tax residency | Australian Taxation Office (ato.gov.au)}
The ATO uses four statutory available to assess an individual's residency status, including the Resides test, Domicile test, 183-day test, and Commonwealth superannuation test.
The Australian Taxation Office (ATO) employs several criteria to determine whether an individual is a tax resident of Australia. Generally, individuals who satisfy any of the following conditions are considered Australian tax residents:
They have either always lived in Australia or have migrated to Australia with the intention of making it their permanent residence.
They have resided in Australia for a minimum of six months during which they have been employed at the same workplace and lived at the same address.
They have stayed in Australia for more than six months within a financial year, unless their primary residence is overseas, and they have no plans to make Australia their permanent residence.
They travel abroad for a temporary period and do not establish a permanent residence in any other country.
They are foreign students enrolled in a course that extends beyond six months.
There are four statutory tests to determine your residency:
a. Resides test : The primary means by which the Australian Taxation Office (ATO) assesses an individual's tax residency status is through the Resides test. If an individual resides in Australia, they are typically classified as an Australian tax resident and are not required to meet additional residency tests.
Apart from the Resides test, the ATO may take into account various factors when determining an individual's residency status. These factors include physical presence, intention and purpose, family ties, business or employment connections, asset maintenance and location, and social and living arrangements.
In the event that an individual does not meet the requirements of the Resides test, they may still qualify as an Australian tax resident by fulfilling one of the other three statutory residency tests.( Your tax residency | Australian Taxation Office (ato.gov.au))
Paul is satisfying this criterion.
Assumption: He is born in Australia.
b. Domicile test : An individual's permanent residence or "domicile"...
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