S2 2020 – MBS164 Taxation Principles Assignment – 20% Required: 1) Read the case facts 2) Individually, prepare a four-page referenced, report (1.5 line spacing, Times New Roman font, Word) providing...

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S2 2020 – MBS164 Taxation Principles Assignment – 20% Required: 1) Read the case facts 2) Individually, prepare a four-page referenced, report (1.5 line spacing, Times New Roman font, Word) providing key tax/legislation information relating to the four main key issues – Residency, Source, Exemptions, Business (15 marks). Submit through LMS. In the conclusion, you will need to advise your client of these issues and summarise their tax position (5 marks). Case Facts: Mr Mark Lewis is employed on a luxury cruise liner which travels the Mediterranean Sea. After deductions his taxable income is AUD$150,000, (Hong Kong Dollar 790,000) He owns a farmhouse in Australia which was his family home. After divorcing his wife, the wife took their twins to live in Canada. Mark now rents the farmhouse to a lovely couple who sublease parts of the house through Airbnb. The farmhouse is rented including all furniture, with the furniture belonging to Mark. Mark stays on the property when he is in Australia in a converted shed consisting of a master suite, bathroom and toilet. This part of the property is not listed on the lease agreement. All of Mark’s personal belongings are locked up and stored in this shed. The shed makes up about 25% of the overall lettable property. In the current tax year, Mark spent eighty days in the converted shed in Australia. The remainder was spent on the luxury liner or visiting his twins in Canada, where he spent a total of 40 days. The luxury liner where Mark works visits many locations around the Mediterranean. Mark is employed by a company incorporated in the Cook Islands under an employment contract signed in Hong Kong. The luxury liner is owned by a company incorporated in Bermuda. The income earned by Mark from the cruise company was salary and wages derived by him under the contract of employment. In addition, in preparation for his retirement, Mark has taken up cattle breeding. He currently owns one hundred cows which live and feed on an external farm in Australia (for a fee). These cows are being fattened up and after half are at the required weight they will be sold. The other half will be used for further breeding. Mark consistently keeps up to date with the development of the cows. He spends most of his free time reading literature and attending paid courses related to the business. Mark plans on purchasing a large, vacant property next door to his farmhouse specifically for keeping his cows when he retires from the luxury liner. In retirement, Mark intends on living permanently in the converted shed and will still rent out the farmhouse. For each of the prior three years that Mark has been undertaking this activity, there has been a tax loss made, although the tax losses have been reducing in size as the venture becomes more successful. In fact, this year Mark has made a small profit before tax of $50,000 (taxable income $200,000, tax deductions $150,000). Hints: •Identify the specific tax issues relating to the four main categories above •Find any relevant taxation legislation/case law pertaining to the tax issues •Prepare your written responses for each part of the question in the following manner: •Writing your concluding advice as if you were presenting to Mr Lewis himself Why is this important to the student? This assignment will develop your ability to apply relevant taxation principles, legislation and case law to real world scenarios. The ability to work collaboratively and effectively in a team environment is also an essential skill for a professional workplace environment. Required Resources: Income Tax Assessment Act (1997) Income Tax Assessment Act (1936) Principles of Taxation Law 2019 Any other appropriate references, internet etc. Due Date: Friday, 23 October 2020, 5:00pm Submission: Through the LMS Case Study submission link. Please insert a picture of the completed Murdoch cover page. Please do not copy the assignment questions or facts in your answer.
Answered Same DayOct 22, 2021

Answer To: S2 2020 – MBS164 Taxation Principles Assignment – 20% Required: 1) Read the case facts 2)...

Ishika answered on Oct 24 2021
173 Votes
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Regarding the evidence, the key question is whether Mark is an Australian tax resident. His s6-1(1) ITAA1997 will therefore be derived:
We shall derive its s4-15 as well as s6-1(3) exemptions:
We also de
cide whether it has corporate profits and tax consequences.
1. Residency
We shall decide whether he or she is an Australian resident according to s6(1) ITAA 1936, who specifies that he or she is an Australian resident for tax purposes.
1.1 Ordinary Residency Test:
TR98/17 describes residency as a permanent or long-term residence. The rule states that residence in Miller v FCT (1946) is a matter of fact or degree. Mark spends much of his time in the fiscal year away from Australia, but Levene v IRC (1928) AC 217 notes that a person can leave his or her place of business or leisure from time to time.
While Mark is an expatriate who has been active abroad for a considerable part of the tax time, during his time of off-duty, and intends to withdraw from Australia as shown in TR98/17(18). Furthermore, it represents the conduct of Mark's company in his cattle industry, keeping land and the land of his property, as in TR98/17(20) and Joachim v FCT (2002) 50 ATR 1072.
Therefore, after all of the above considerations, Mark will pass the residence exam.
1.2 Domicile test:
Mark is an Australian citizen if his home is in Australia, except when the Commissioner is satisfied that his permanent place of residence is outside Australia ITAA 1936 s6(1)(a)(i). There are two forms of dwellings under the Domicile Act 1982. One, at birth and another by choice, is by migration or permanent residency to Australia. In this case, Mark is a resident of Australia, so we have to decide if he lives outside Australia permanently. The word "dwelling" is a dwelling or building. The aim to go indefinitely is not applicable, it obviously can not be transitory (FCT v Applegate 79 ATC 4307). Like the Australian expatriate Harding v Taxation Commissioner [2018] FCA 837, Mark also goes through the house test to have his permanent stay in Australia for a long time.
In his farmhouse, which could be considered a permanent place of residence, Mark plans to retire in Australia (FCT v Jenkins 82 ATC 4098). Therefore, the home test is passed by Mark.
1.3 Test for 183 days:
An individual is an Australian tax-resident if the physical presence in Australia lasts more than 183 days of the year, either consistently or intermittently....
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