Income tax is the most significant source of income in Australia and is imposed at the federal level. It is levied from three sources of the individuals: business income, capital gain and personal income. The taxable income of an individual is assessed in calculated in an abroad sense after applying allowable deductions against it. The report consists law relating to taxation applicability on funeral income and trading stock. The applicable law has been explained and the relevant sections and case law have also been discussed in the report. The connectivity between facts of questions and relevant case laws has been included in the report for a better understanding.
Part A
Task (1)
Answer (a)
Facts of the case: The fee received by RIP Ltd. is payable under 30 days invoice and the income through RIP Finance Pty Ltd who provide finance to the company is received under instalment repayment plan. The other income is received through the funeral plan in which client make a timely contribution to meet their funeral cost. In case the amount is not paid them time and completely, the received amount is retained by the company.
Applicable Provisions:
As per section 6(5) of Income Tax assessment act, assessable income comprises income according to ordinary concepts called ordinary income. In case a person is an Australian resident than the income derived directly or indirectly from all the sources is included in assessable income (Barkoczy, 2016). The facts of case Brent v FC of T71
A Health Savings Account (HSA) plan requires a high-deductible medical insurance policy, which means that the premiums on the policy will be less than for a low-deductible policy. The contributions to the HSA are deductible for AGI, which reduces the nondeductible amount of itemized deductions subject to certain limitations, and the taxpayer does not have to itemize to obtain the deduction. The HSA distributions pay for the deductible medical expenses and they are not included in gross income. Also, the income earned on the HSA is not included in gross income if it is used to pay medical expenses not covered by the high-deductible plan.
Turnbull v McGregor ****where the homemaker’s contribution to the property in a 32 yr relationship was valued at just 16%. This ineffectiveness was addressed with the Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008 (Cth), through enabling them to resolve their financial and parenting issues in the Family Law Court, using nationally consistent processes *————————>Family Law Amendment ( De Facto Financial Matters & Other Measures) Act 2008 - changes jurisdiction from
Having arrived in Australia under a WHVs a number of years ago I have the first-hand experience of how difficult it is to understand a new tax regime, especially one which is obscured by myths, hearsay and misleading information. For many backpackers, this is their first experience of tax and may be their first job which just makes things worse!
1.Amounts not convertible into money :In Tennant v Smith (1892) free accommodation provided to a bank manager was held not to be ordinary income because building could not be sub-let and the benefit thereby converted to money. In FCT v Cooke & Sherden (1980) an incentive prize offered by a manufacturer was not income of the winning retailers because it was not transferable and so not convertible into money.
The report aimed to discuss whether Fred is a resident of Australia and should be taxed from all sources of income or only from income sourced in Australia. Applicable case law and legislation were presented to support the evaluation.
Residents: All ordinary income and statutory income of an Australian resident taxpayer derived directly or indirectly from all sources, whether in or out of Australia, during the income year: s6-5(2) & s6-10(4).
[5] It collects revenue for the Australian Government from income tax, Goods & Service Tax, and other federal taxes. [6]
This case study is to discuss whether Ernie is an Australian resident for tax purpose. If he satisfies any one of the residency tests in s 6(1) ITAA36 he will be determined for the year or part of the year. It is to determine which part of his income is to be taxed for the year June 2016. If he is a resident, he will be taxed on all income sources. If he is not a resident, he will only be taxed on Australian sourced income.
Everyone gets frustrated with income taxes and everyone complains that they are paying more than enough, but who really pays more in federal income taxes? Having a progressive tax system; meaning that the more money you earn, the more you will have to pay in taxes; would lead to the rich paying for most of the taxes and not the poor. Unfortunately, many people do not realize some of the problems with the tax system itself that offsets the balance as well as the results when it comes to taxes. There are many unseen things when looking at no more than just the statistics of who pays the most in taxes. Anything from the tax rates, the difference between federal and individual income taxes as well as state taxes can create a problem when
It is clear from the facts that $100000 is her salary, so it is assessable as ordinary income. It is a service from personal exertion. This amount is annual so it is regular and periodic. There is a sufficient nexus or flow between the receipt and her personal service. Hence, it is evident that $100000 is ordinary income because it satisfies the characteristics of section 6-5 of Income Tax Assessment Act 1997. It can be further explained in relation to Arthur Murray (NSW) Pty Ltd v FCT (1965) , which shows that the income is only assessable when it is derived and earned.
S6-5 (2) if you are an Australian resident, your assessable income includes the ordinary income you derived directly or indirectly from all sources, whether in or out of Australia, during the income year.
The Learning Outcomes in this course also help you to achieve some of the overall
To test the hypothesis of increasing income taxes causes people to find ways to avoid tax or causes citizens to work less, ultimately reducing the tax rate can be tested at the national level, as well as, the state level. In one state a higher income tax rate could cause people to work more, but when increasing income taxes is tested at the national level the average might prove the opposite.
This is an important development. In 2008, voters were less worried about taxes than they had been in previous elections. Why? Because the 15 years between President Bill Clinton's 1993 tax hike and Barack Obama's increase in cigarette taxes in February was the longest stretch in U.S. history without a federal tax increase. President George W. Bush's tax cuts also cut 13 million people on the lower-end of the income scale from the income tax rolls -- people who don't pay taxes aren't worried about the tax
Money is central to the functioning of a government, revenue is generated by the imposition of taxes and the money received is then spent by the Commonwealth subject to appropriation. The scope of the governments’ capacity to spend public moneys has been a controversial issue for many years, due to the uncertainty surrounding the scope of the spending power. This essay will determine which approach to Government’s control on expenditure is more favourable; the narrow approach, where Commonwealth’s financial expenditure should be limited to expenses authorised by statute or the wide approach, where the Government should have unlimited spending power. In order to determine this it is necessary to discuss the different Court’s conclusions and principles that apply in the interpretation of the relevant sections of the Constitution, specifically the appropriation provisions ss 81 and 83, executive powers provision s 61 and s 96 relating to State grants. This essay will also evaluate other cases to discuss the effects and developments they have had on determining the scope of Government’s spending power.