Hi there,

Can anyone provide me a sample essay regarding analyse a tax avoidance case below? I need a well structured and formal legal writing stylesample.

Thanks

D

Topic - Tax planning and anti-avoidance Facts Tony is a qualified radiologist who operates a successful radiology practice from purposebuilt rooms attached to his house. Tony works in the practice three days a week, and the other two days he is contracted to provide radiology services to several rest homes in his region. Tony travels to the rest homes and undertakes the radiology procedures at the rest homes, spending approximately half a day at each. The radiology practice generates a net income of approximately $45,000 per annum. Tony receives $40,000 per annum from his contract work with the rest homes. Tony's wife, Susan, is a qualified IT consultant. Susan returned to work part-time in February 2016, after spending several years looking after their two now primary-school-aged children. Susan undertakes contract work from her home-office for several construction companies and also takes on private clients. The net income from Susan's IT consultancy work is approximately $25,000 per annum. In April 2016 Tony and Susan acquired two rental properties, both of which are highlygeared and generate total tax losses of approximately $50,000 per annum. When the rental properties were acquired, Tony and Susan set up a company, T& S Ltd, in which to hold the rental properties. Susan now runs her IT consultancy business through T & S Ltd and Tony also now runs his private radiology practice through the company. Tony continues to run the rest home contracts through his own name. At the end of the income year 2017, Susan and Tony plan to draw salaries from T & S Ltd for their respective share from IT consulting and radiology work, based on the profit the company has made. The profit will be split on a proportionate basis, based on the number of hours each has spent in their respective businesses during the year. Due to the significant losses the rental properties will generate, the profit in T & S Ltd is expected to only be approximately $20,000 per annum, with the salaries being split 70:30 to Tony and Susan respectively. Required: Write a report to Tony and Susan advising them of any problems, you see in the above arrangement and whether the arrangement is acceptable, or is void as against the Commissioner by virtue of s BG 1 ITA 2007. You must apply the facts above and use appropriate references to the relevant sections of the Income Tax Act 2007 and conclude whether there has been a \"tax avoidance arrangement\" which could be attacked by Inland Revenue under the general anti-avoidance rule [GAAR] of the Income Tax Act 2007 and what the consequence would be. Your report should cover the following: 1 (1) At least three significant/relevant New Zealand tax cases to support your opinion. You can refer also to leading cases from other jurisdictions and other New Zealand cases. (2) The steps from the Interpretation Statement issued by the IRD on 13 June 2013 and relevant tests with relevant case law. (The Interpretation Statement issued by the IRD on 13 June 2013 is available on Blackboard under the assessment icon). (3) Your report should also consider what (if any) shortfall penalties Tony and Susan may be liable for. Include statutory authorities (The Income Tax Act 2007 and The Tax Administration Act 1994). Allocation of marks Marks for the report are allocated on the basis of the professional judgment of the marker and will be based on the following: - the presentation, structure, legal writing style and referencing of your report. (5 marks) - the quality and reasoning behind your opinions provided in the report. (25 marks) - the effectiveness of the report in communicating your opinions. (10 marks) 2