Semester 2, 2019 Taxation Case Study – 20% 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...

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Semester 2, 2019 Taxation Case Study – 20% 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). Requirements: Working in a team of four tax accountants, you are to provide written taxation advice for Mr Lewis relating to the following four main tax issues: 1) Residency (3 marks) 2) Source (3 marks) 3) Exemptions (2 marks) 4) Business (4 marks) Required Format: • Identify the specific tax issues relating to the four main categories above • Find any relevant taxation legislation/case law pertaining to the tax issues (3 marks) • Prepare your written responses for each part of the question in the following manner: o Introduction: outline the major tax issues (300 words) (2 marks) o Main body: explain your answers using tax legislation and case law (if relevant) to support your answers (1,500 words); (Mark allocation as above) o Conclusion: provide a brief summary of your main arguments (200 words) (1 marks) • Format/References/Reference list (2 marks) - Answers must be typed in Word, Times New Roman, 1.5 line spacing. Your written response should be edited and proof read for grammatical/spelling errors. In text referencing in line with the Murdoch referencing guide should be used. Instructions in relation to cover sheet and word count has been adhered to. 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: Sunday 20 October 2019, 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. Only one assignment to be submitted per group please. Notes: -Do not include a Contents page -Use Chicago referencing where applicable -Word count needs to be included on the last page below your references (including in text references, not including the reference page)
Answered Same DaySep 21, 2021

Answer To: Semester 2, 2019 Taxation Case Study – 20% Case Facts: Mr Mark Lewis is employed on a luxury cruise...

Jyoti answered on Sep 27 2021
142 Votes
Taxation Advice for Mr. Mark Lewis
1. Introduction
(a) Residency
Mr. Mark Lewis is working on a luxury cruise liner under an employment contract signed in Hong Kong with a company based in Cook Islands. The luxury cruise liner is, however, owned by Bermudian company. He earns a salary income of AUD $ 1, 50,000 after deductions.
Mr. Mark gave 75% portion of farm house owned by
him on lease to a couple and kept with himself, 25% of said property, a converted shed where he stays when he is in Australia. After retirement, Mr.Mark intends to live permanently in the converted shed and will still rent out the farmhouse. In this year, he spent 80 days in Australia and 40 days in Canada where his wife and children lives after divorce, while the remaining days were spent on cruise.
Is Mr. Mark, a resident of Australia under Income tax law?
(b) Source
Mr. Mark Lewis earned salary and wages from a Cruise Company based in Cook Islands. Also, he is into cattle breeding and has earned profit before tax of $ 50,000.Will both these incomes be taxable in Australia on source based taxation?
(c) Exemptions
All incomes are included in assessable income subject to exemptions provided in the Act. Will he salary income earned by Mr. Mark from working on luxury cruise liner which visits many locations around the Mediterranean sea will be exempted and therefore, not includible in assessable income?
(d) Business
For retirement, Mr. Mark took up cattle breeding and owns 100 cows which live in external farm for a consideration. These cows are being fattened and half of them will be sold on achieving required weight and remaining will be used for further breeding. In last 3 years, he made tax loss but, earned profit of $ 50,000 this year. Will it be taxed and if yes, how?
2. Main body
(a) Residence
In order to understand taxability of income in any country on residence based taxation, identification of status of residency of any individual is necessary. To ascertain whether a person is a resident of Australia or not, there are ordinarily resident test, domicile test, stay in Australia for a period exceeding 183 days test or member of superannuation scheme test specified in section 6-1 of ITAA, 1936.
Tax Ruling, TR 98/17 specify guidelines for determining residential status. It provides various factors affecting residency viz., presence and intention, owning and situation of assets, family life and living arrangements, business, and physical presence. Further, in the case of (Joachim v. FCT [2002] 50 ATR 1072), it was observed that merely because a person is physically absent from his/her established home at a particular place, it does not mean he/she cease to reside there, if he or she maintains a continuous association with the place.
In our case, Mr. Mark Lewis has accepted an assignment with a foreign based company for working on cruise liner. After separation, Mark’s wife along with her two kids’ lives separately in Canada. However, Mr. Mark has ongoing ties with Australia as he still owns a farm house in Australia, part of which is given on rent. During visits to Australia, Mr. Mark stays in his farm house only. He has also taken up cattle breeding as a business and intends to return to Australia after retirement.
During this year, Mr. Mark remained in Australia for 80 days and thus, does not fulfil criteria of living in Australia for more than 183 days. He is also not a member of superannuation scheme. But, he owns a farm house in Australia and has also been involved in business of cattle breeding in Australia. His intention to live in Australia after retirement shows that he has maintained an association with his home in Australia with the intention to return to Australia permanently. Also, there is no sign that he has any permanent residence outside Australia...
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