Case examine 1: Residence and source
Kit is a burning tenant of Australia. He was born in Chile and retains his Chilean citizenship. Kit spends most of the year started off the strand of Indonesia on an oil rig for a United States gang. He was recruited for this job in Australia and identified a curtail delay the gang near. For the latest disgusting years, Kit’s helpmeet has lived in Australia delay their two end. They purchased a abode in Australia three years ago. Kit and his helpmeet own a articulation bank recital delay Westpac Bank. Kit’s hire is compensated at-once into his recital. All of the rise’s other boardings, including a divide portfolio that generates dividend pay, rest in Chile. Kit gets one month off from production entire third month and, on these occasions, he meets delay his rise either in Australia or on holidays environing South America (usually in Chile wnear his parents linger).
Discuss whether Kit is a tenant of Australia and how his hire and boarding pay would be taxed (25 marks, max. 900 say).
Case examine 2: settled pay
Explanations of the appertaining outcomes reached by the courts in the subjoined cases which all 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