Name: Shoaib Mohammed
Student id: WHZ2056
Subject: HI6028 -Taxation
Assessment: Individual assignment on TAXATION
Taxation:
Case study 1:
This case study is about a person called KIT. He has the citizenship of CHILE. we need to decide whether he is the resident of Australia and how his income is taxed as per legislation of the Australia.
We can Prove that Kit is resident of Australia or not by following the four test done to find whether a person is a resident of Australia or not.
Definition of Resident: To be called as Resident of Australia the following rules or test is to be done:
1) Resides test
2) Domicile and permanent place of abode test
3) 183-day test
4) Commonwealth superannuation test
1) Reside TEST:
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Whitfords Beach Is a group of fishermen who originally owned all the shares . Whitfords Beach group bought land next to shacks owned by the fishermen which help them to access to the beach. The three development companies which intended to develop, subdivide and sell the land, purchased the fishermen's shares for $1.6 million simultaneously an association were adopted by the Whitfords and two of the development companies were appointed to be its general managers. The Whitfords Beach Pty Ltd then changed the zoning of the land, developed it for residential purpose and afterwards sold for a considerable profit. The FC taxed the Whitfords on the profit from the sale of this land . The Commissioner blamed that the profit was assessable and was income from carrying on a business of land development. Whitfords appealed that it merely realized a capital asset in the most advantageous manner and had not carried on a business and as result that the profit was not assessable and also contended that its activities did not cease to be a mere realization simply because extensive work was done on the land in order to fetch the best price. But Whitfords was convicted as it was getting profits from the land sold and thus the court provided positive judgement in favour of FC of Taxation …show more content…
FC of taxes gets sued by different business ventures on regular basis. This is because of the expeditions taken out by different FC of Taxes in their respective domains. The case between Crow v FC of Taxes which also changed the notions of land acquisition entities and thinking of land sellers too. The case provided necessary foundations to support the development of sales of land. The issues involved in Crow v FC were quite complicated and the jury had to go through a long investigation before providing the verdict. The judgement was in favour of Federation commission as Crow was gaining profit from the land sold and the income earned was considered as assessable
obtaining land for public use, but was to prevent harm to the public. The Court
This case study is based on Environinvest Limited (Receivers and Managers Appointed)(in liquidation) vs Roger Neil Pescott & Ors (2012) and Environinvest Limited (Receivers and Managers Appointed) (in liquidation) vs Blackburne Pty Ltd (in liquidation) (2012).
* Australian residents are liable for tax on their worldwide income. While Non-residents are liable for their income with an Australian source.
Plaintiff, Kaycee Land and Livestock, opened a case to hold Defendant, Roger Flahive, personally liable for (contamination) damages after an agreement made by Flahive’s LLC, Flahive Oil & Gas. The District Court of Johnson County presented the case to the Supreme Court of Wyoming to determine if Flahive could be held personally liable. Kaycee Land and Livestock contracted with Flahive Oil & Gas in order to use the surface of the land to raise the Plaintiff’s livestock. Kaycee Land and Livestock claims that Flahive Oil & Gas contaminated the surface area, leaving it useless for Kaycee Land and Livestock’s needs. Flahive Oil & Gas does not have any assets. Therefore, Kaycee Land and Livestock wants to use general corporate veil-piercing principles
individuals who are not Australian residents and don't have consent to be in the nation) to be
When asylum seekers are found trying to find residency in Australia by boat or not having any valid travel documents they are not committing any crimes. The Refugee Convention is a series of article that state how to treat and help refugees. Article 31 of this
By rejecting the decision of the UNHRC to allow Nystrom back into Australia, the Australian government upheld its power to make its own laws and adhere only to Australian legislation, including the Migration Act 1958, which sets out guidelines regarding the treatment of non – citizens within Australia. This is emphasised in another statement made by former Immigration Minister Chris Bowen, “All non-citizens who wish to enter or remain in Australia must satisfy the requirements of the Migration Act and Regulations, including the character test." (Chris Bowen, 2012). Thus, the upholding of Australia’s sovereignty is another positive as a result of the government’s
Now a day’s immigration is best tool for globalization. Immigration helps in knitting yarn for advancement in economical aspects of any nation. To explore nation like Australia there is an opportunity for permanent residency where one may enjoy all citizenship rights of the nation
The amount of Robinson’s taxable income in Australia for the year ending 30 June 2011 is:
In the case of Minister for Immigration and Boarder Protections V Han , the main issue is related to the eligibility to become Australian citizen by conferral. Is it possible for a person, to be eligible for Australian citizenship, who is permanent resident of Australia, married to Australian citizen and lived overseas for majority of period at the time of application was filed for Australian citizenship. This matter was presented to Federal Court in the case of Minister for Immigration and Border Protection v Han [2015]FCAFC 79.1
Australia was colonised by Britain in 1778, and this triggered immigration from Europe and the United Kingdom. Since then, Australia has seen patterns of people from all over the world coming in waves to start a life here, for reasons such as wanting to improve their quality
The “Australian Government Department of immigration and citizenship” have a statement that must be signed when an immigrant is becoming a citizen of Australia. It states in the society and values section
To enter Australia with the wishes of becoming an Australian Citizen then you must get the correct visa. After receiving your visa you can then apply for Australian citizenship.
The argument presented by the Tax Court did not consider factors brought to attention by the Court of Appeals. Most notably, the Tax Court did not consider all forms of compensation to the CEO when determining a formula for comparability. This is problematic as the comparability formula used to determine a reasonable compensation for Mr. Menard to receive and was the basis of the Tax Court’s argument against Mr. Menard.
The Commonwealth Constitution exists for the Australian community as a foundation document to serve its members ‘the people of the Commonwealth’. Yet, it has been deplored that the Constitution of the Commonwealth of Australia makes no direct reference to Australian citizenship or to whom these people are and how can they be identified. It has no definition on what group of people are citizens, how it is obtained, or even a comprehensible head of power for ‘citizenship’.