Length: 3,500
Simon works as a chiropractorfor asmall partnershipof threeotherprofessionalswho employhim to workin the office four days each week. Simonearns over $90,000 per year.Each practitioner in the main practice is required to lease a paging unit themselves, so the practice secretary can contact each of them in an emergency situation.The partners of thepractice,haveco-signeda business loan to meet the costs of starting this practice, including Simon, as they are considering making him a partner. The loan is for $60,000 only and it has been taken out over 5 years at the reasonable interest rate of 8% per annum.
On the fifth day ofeach week and two evenings each week Simon travels 30 kilometres a private hospital where he takes appointments from staff and patients in a small staff lounge he pays by the hour to use. Simon spent approximately $4,000 on travelling between the practice and the hospital in the last year. The hourly rate is $120. Simon must transport his folding treatment bed and other equipment he uses, between the hospital and the main practice.?
There is a uniformSimon is expected to wear whilst at the practice.Simon has this uniform dry-cleaned regularly and last year needed to replace items of uniform.Simon spent $3,500 on his uniform last year.
In JuneSimonhad attempted to clean up the mess one of the partners, the osteopath, had leftin the office they shared. Simon fell fromthea ladder as he wasmovingboxes from the topshelf of thebookshelfand suffered injuries which prevents him from working for longer than 6 hours in any day. Ashe cannot work a full daythe partnershaveterminatedSimon's employment with them.?Simon commences legal proceedings againstthe partnership forterminating his employment and forinjurieshe has suffered dueto the alleged negligence of her employer as well as seeking to be released from the businessloan.
Simon is offered $200,000 forhis injuries and alsofour annual payments of $15,000 each in respect of the termination of his employment.
AdviseSimon of the taxation consequences of these transactions for the year, includingif Simon were to accept the offer.Would your answer be any different if Simon's employer offered to pay a lumpsum of $195,000 in return forSimon entering an agreement releasing any rights she may have against her employer???AdviseSimon and the practice of the taxation consequences of these transactions for the year with reference to the legislation, rulings and case law.?
RationaleRationale?This assignment has been designed so that you can:?• gather and integrate your knowledge on the topics covered thus far; ?• investigate in depth the cases, rulings and legislation that are fundamental to taxation law;?• demonstrate your understanding of the law related to income from business and derivation of income;?• demonstrate your ability to apply that knowledge to a hypothetical, practical situation;?• exercise critical and reflective judgment;?• demonstrate your ability to conduct research using provided materials as well as other legal resources; and?• develop your written skills.
Marking criteriaAssessment criteria?• In assessing your assignment the marker will expect you to:?• present an essay that is readable and coherent;?• use appropriate language, correct spelling and grammar;?• identify and analyse relevant issues;?• explain and apply relevant cases, rulings and legislation;?• reach a sound and well-reasoned conclusion;?• use appropriate referencing; and?• demonstrate time management skills.?Your mark will depend upon the degree in which you demonstrate your understanding of the topics covered thus far, and the overall presentation of your essay. For guidance, please refer to the section 'Grades and assessment guide'.?
The following criteria will form the basis of assignment of marks for each assessment.
• Ability to identify the relevant taxation question (from the facts). To obtain a passing mark you will need to clearly identify the main and subsidiary question(s). Note: that the process of drilling down to subsidiary questions may assist the identification of the real issues for discussion. | 15% |
• Ability to identify the relevant legislation and other relevant material applicable to each question or subsidiary question. | 20% |
• Ability to present two sides of the case, consider from Lyla and from the Commissioner of Taxation’s perspective (using cases to support each side of the argument). | 25% |
• Ability to present a logical conclusion based on the weighing of the relevant factors. Conclusion should be explicit and logical response to the arguments presented. | 15% |
• Style: Short answers(essaystyle) with introduction, discussion and conclusion. Grammar, spelling and punctuation will be considered. | 10% |
• Bibliography/references, including legal referencing (proper referencing of the first case; proper referencing of the relevant act of parliament - first time only). References should follow the Author date format and page numbers (rather than paragraph references) should be used – ie treat as a book. Cases should have proper citations as should Legislation. Correct referencing is required in this task although this requirement is relaxed in the exam and test. | 15% |
Total | 100% |