Question
A. Choose ONE or more of the following cases and discuss, in detail, the manner in which the case has shaped the Australian taxation system
A. Choose ONE or more of the following cases and discuss, in detail, the manner in which the case has shaped the Australian taxation system and the importance of the case in the context of Australian business and commerce: a. Commissioner of Taxation v Pike [2020] FCAFC 158. b. Commissioner of Taxation v Healius [2020] FCAFC 173. c. Eichmann v Commissioner of Taxation [2020] FCAFC 155. d. Greig v Commissioner of Taxation [2020] FCAFC 25. e. Bywater Investments Limited & Ors v. Commissioner of Taxation [2016] HCA 45. Explain your answer with reference to the facts and issues arising in the case you select, and provide an appraisal of the Courts decision. Ensure you refer to relevant legislation, ATO Guidance and professional legal, tax or accounting commentary relevant to your case in support of your answer. B. What is the difference between ordinary income and statutory income pursuant to the ITAA97 and ITAA36? Explain your answer in detail and refer to relevant case law, ATO Guidance in the form of Tax Rulings as well as to the relevant legislative provisions contained in ITAA97 and ITAA36. C. Jane came to Australia from the United States on a working holiday on 1 December 2019 when she finished college. Her parents were separated, and she had been living between their houses over the last 3 years. All her belongings were packed in a box and stored in her fathers basement when she left for Australia. Over the last 7 months Jane has worked in various jobs in Sydney staying with various friends and relatives then she went travelling down the east coast of Australia. At the end of September 2020, she left for New Zealand and intends to go back to the United States in 2022. Outline the tax residency consequences for Jane. Explain your answer with reference to the relevant legislative provisions, case law and the relevant guidance provided by the ATO. 13 D. Jill had made a capital loss of $1,000 in the 2017-2018 income year and had no capital transactions until now. Jill sells her holiday house on 1 January this year for $500,000. She bought the property on 1 January 2010. During her ownership period: - she used the property as a holiday house for the first 2 years; - then made it available for renting for the next 8 years. During these 8 years, the property was vacant for a total of 2 years. She has provided you with the following information: Description Date Amount Purchase of property 1 January 2010 $250,000 Deposit on signing of contract 1 January 2010 $50,000 Balance on settlement 11 March 2010 $450,000 Stamp duty on acquisition 11 March 2010 $5,000 Legal Fees on acquisition 11 March 2010 $1,000 Council rates p.a. 1 January each year $500 per year Real estate agents commission on sale 1 January this year $2,000 Costs of advertising the sale 1 January this year $1,000 Calculate Jills capital gain or capital loss for the year ended 30 June this year, using the CGT discount option. Ensure you use tables to present your results. In your answer you must clearly identify the classification of the various amounts that form part of that calculation. Cite the relevant statutory provisions to support your calculation.
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