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Hi thereI need your help to get ready my assignment
Answered Same Day Dec 25, 2021

Solution

David answered on Dec 25 2021
121 Votes
Before determining the tax consequences of the various transactions highlighted, it is
imperative to determine the tax residency status of Eliza. This is imperative because of the
difference in tax provisions that are applicable to the Australian tax residents in comparison
to the foreign tax residents. This has been outlined in the section 6-5(2) and section 6-5(3),
ITAA 1997. Section 6-5(2) opines that for a Australian tax resident, income arising from all
the sources could potentially contribute to assessable income i
espective of the underlying
geography where the income source may be located. This is sharp contrast with the relevant
provision i.e. section 6-5(3) applicable for foreign residents as per which they are taxed only
on income derived from Australia and any foreign income is tax exempt (Barkoczy, 2015).
Based on the information given, it seems reasonable to assume that Eliza possesses an
Australian domicile. With regards to determining the tax residency of the concerned taxpayer,
TR 98/17 suggests the following four tests which can be applied (CCH, 2013).
ï‚· Superannuation Test
ï‚· 183 days Test
ï‚· Reside Test
ï‚· Domicile Test
Out of the above four tests, the one relevant for Eliza would be the domicile test. With
egards to passing the domicile test, the given taxpayers would need to fulfil...
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