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LAWS 20060 - Taxation Law of Australia

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LAWS 20060 - Taxation Law of Australia

LAWS 20060 - Taxation Law of Australia

TERM 1, 2018

ASSESSMENT 1 - INDIVIDUAL ASSIGNMENT

Marks: 40% of the overall assessment for the course

Submission: Online via Moodle

Format: One file in .doc or .docx (MSWord) format.

Submissions in any other file format (e.g. .zip) will be treated as a non-submission.

Word limit: 2500-3000 words

 

Due date extended: Week 8 Wednesday (2-May -2018) 11:45 PM AEST

Return to students: Week 10 Friday (18-May-2018)

Extensions policy:

The university policy on extensions of time will be strictly enforced. Extensions will

usually only be considered if made via the online system and based on medical or

compassionate grounds. Any extension application should be made before the due date

for submission. Medical conditions should be supported by a medical certificate, and,

since students are expected to start the assignment early, temporary or last-minute

conditions are usually not grounds for an extension. Professionals are expected to

manage their time to meet their obligations, so work or personal commitments are

insufficient grounds for an extension.

Plagiarism:

The university’s plagiarism policy will also be strictly enforced. If plagiarism is found, a

minimum penalty is likely to be zero marks for the assessment. It could be worse.

This assignment is the only assignment for this course, and it carries a weighting of 40%

of the total assessment for the course.

While the assignment is largely based on material covered, you are free to research and

seek advice as widely as you find necessary—there are no limitations as to sources.

However, you must make sure that sources are appropriately referenced.

Objectives

This assessment item links to the unit objectives as stated in the Unit Profile.

Details

This assignment is to be submitted in one (1) Word document only. This assignment to

be submitted online via Moodle by the due date stated. It is suggested that where

necessary you put your calculations into columns or tables to improve readability in the

assignment document

The method of referencing to be used in this assignment is the Australian Guide to Legal

Citation (AGLC) 3rd Edition referencing method. Additional information regarding this

method is available through the library and the Academic Learning Centre. When making

a reference, cite the original source or authority in preference to a secondary source

such as the textbook, especially when you are discussing various sections of legislation.

This means you should make reference to legislation, cases and Tax Rulings as a priority

to back up any arguments that you make in your assignment.

Students must complete all Parts of the Assignment.

To support the analysis in your answers refer where appropriate to the ITAA

1936, ITAA 1997, Tax Rulings and/or case law.

Question 1: 10 marks, 10% of the subject. Each sub-question is worth 2 marks .Use

complete sentences.

Advise your client on how the following items, receipts or expenses, will be treated for

tax purposes under Australian tax law:

 

a. A landlord owns a flat he leases to tenants. A new tenant pays the landlord before the

    start of the lease a lump sum of $15,000 as part of the lease negotiations.

b. Cheryl owned a warehouse destroyed by a fire. Her insurance company paid her

    compensation of $500,000 for the loss.

c. During the tax year 2016-17 Boris paid his tax agent $500 for the lodgement of his

    2015-16 individual income tax return and $800 for the preparation and lodgement of

    the objection to the 2015-16 assessment.

d. James works at a hospital and when he is at work he buys his lunch at the cafe in the

   hospital. Over the course of a year he spends $2,000.

e. Frances started a new business and at the launch of the business she hired a

    restaurant and invited over one hundred potential clients for the business. The cost of

    hiring the venue and providing food and drink was $5,000.

To support the analysis in your answers refer where appropriate to the ITAA

1936, ITAA 1997, Tax Rulings and/or case law.

Question 2: 10 marks, 10% of the subject. Use complete sentences.

Usman held a French passport at all relevant times. From 2012 until the end of the

2016-17 income year he had an Australian visa which permitted him to live and work

here.

During the time he was in Australia he worked as an engineer. For two months in 2015

he returned to France and worked there. At all times in the 2016-17 tax year he worked

in Australia.

 

For the 2016-17 tax year is Usman a resident or non-resident?

To support the analysis in your answers refer where appropriate to the ITAA

1936, ITAA 1997, Tax Rulings and/or case law.

Question 3: 10 marks, 10% of the subject. Use complete sentences.

In April 2016 Norman, a hairdresser, bought his main residence in Melbourne for

$700,000. Legal and stamp duty costs associated with the purchase were $70,000. The

home had six rooms.

In April 2017 Norman spent $100,000 in making part of his home suitable for his

hairdressing business. The business used two of the rooms and he started working from

home in May 2017.

Advise Norman of the capital gains tax implications of the above facts for the 2016-17 year.

To support the analysis in your answers refer where appropriate to the ITAA

1936, ITAA 1997, Tax Rulings and/or case law.

Question 4: 10 marks, 10% of the subject. Use complete sentences.

In your work as an accountant you advise a client, Avon Pty. Ltd. (Avon), on various

matters. Avon entered into a $500,000 one year contract in June 2016 with Central

Queensland University (a registered Research Service Provider) to undertake research

and development for Avon. The contract was to run from July 2016 to June 2017. Avon

wants your advice about tax offsets and how this expense could be treated by the ATO

in the 2016-17 tax year.

Please advise.

To support the analysis in your answers refer where appropriate to the ITAA 1936, ITAA 1997, Tax Rulings and/or case law.

Assessment criteria

Evaluation Criteria

These criteria are a general guide as to the standard expected at the various levels.

Characteristics indicative of the respective levels of achievement in the assignment are

as follows. It is not necessarily the case that all these criteria will be met at a particular

standard as there may be a superior performance on one of the criteria and not so

satisfactory performance on another.

High distinction standard

  The answer is very well written and clearly expressed

  There is a demonstrated appreciation and understanding of the issues involved

  The answer is well structured and logically organised

  Demonstrated mastery of referencing system

  There is evidence of a comprehensive analysis of the issues

  Conclusions are backed by well-reasoned arguments demonstrating a detailed insight

    and analysis of issues

  Comprehensive coverage of all relevant issues

  References are made to the appropriated legislation for particular issues

  Statutory provisions are analysed and interpreted correctly

  The legislation is applied to the particular fact situation in a competent manner

  Consideration is given to the operation of the common law

  There may be consideration of issues not raised in the tutorials and answer guides

 

Distinction standard

  The answer is well written and expressed

  The answer is structured and logical

  The issues have been reasonably well identified and appreciated

  There is correct use of referencing

  Issues have been analysed

  Reference is made to all appropriate legislation, although the analysis and

    interpretation is not as detailed and reasoned as for the high distinction standard

  The effect of the common law is considered

  There is a comprehensive coverage of the issues

  Occasional errors of law and legal reasoning may still be present

 

Credit standard

 The answer is generally well written and expressed

 The answer is structured and sequential

 Referencing is satisfactory

 Issues are identified and addressed

 There has been an attempt to analyse some of the issues

 The coverage of issues is reasonably comprehensive often with a good

   treatment and analysis of particular points

 Errors of law and incorrect reasoning may sometimes be present

 Statutory interpretation may require improvement

 Depth of treatment is often lacking in some of the issues

Pass standard

• The answer is able to be followed and understood

  The answer could perhaps be better organised and structured

  The referencing may need improvement

  Issues may need to be identified and addressed in more depth

  Analysis when present may be incorrect

  Some familiarity with the legislation and its application is demonstrated

  Sometimes the conclusions reached are simple

  There may be several errors of law

 There may be quantities of material of marginal relevance included in the answer

 

 Fail standard

  The answer may be significantly short of the required length

  The written expression is poor and difficult to understand

  The answer is poorly organised

 

  There has been a failure to identify and address the issues in the question

  Referencing is generally inadequate

  There is a lack of familiarity with the legislation and its appropriate application

  The reasoning and application demonstrated is poor

  Frequently there is much irrelevant material

MARKING

All parts of the assignment will be marked in accordance with the university’s Grades

procedure (which can be accessed via the Course Profile). The following marking rubric

incorporates that procedure.



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