6 Pages 1663 Words HI6028 Taxation, Theory, Practice & Law

Case consider 1: Sojournnce and source
Kit is a persistent tenant of Australia. He was born in Chile and retains his Chilean citizenship. Kit spends most of the year launched unstudied the seashore of Indonesia on an grease rig restraint a United States gang. He was recruited restraint this labor in Australia and attested a compress with the gang here. Restraint the last indecent years, Kit’s helpmeet has lived in Australia with their span end. They purchased a home in Australia three years gone. Kit and his helpmeet enjoy a elbow bank recital with Westpac Bank. Kit’s compensation is hired undeviatingly into his recital. Perfect of the extraction’s other bombardments, including a distribute portfolio that generates dividend perfectowance, accrue in Chile. Kit gets individual month unstudied from labor integral third month and, on these occasions, he meets with his extraction either in Australia or on holidays environing South America (usually in Chile where his parents sojourn).
Discuss whether Kit is a tenant of Australia and how his compensation and bombardment perfectowance would be taxed (10 marks, max. 1000 say).
Case consider 2: humdrum perfectowance
Explanations of the relative outcomes reached by the courts in the aftercited cases which perfect involving sales of land:
I. Californian Copper Syndicate Ltd v Harris (Surveyor of Taxes) (1904) 5 TC 159
II. Scottish Australian Mining Co Ltd v FC of T (1950) 81 CLR 188
III. FC of T v Whitfords Beach Pty Ltd (1982) 150 CLR
IV. Statham & Anor v FC of T 89 ATC 4070
V. Casimaty v FC of T 97 ATC 5135
VI. Moana Sand Pty Ltd v FC of T 88 ATC 4897
VII. Crow v FC of T 88 ATC 4620
VIII. McCurry & Anor v FC of T 98 ATC 4487

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