Due date: 25/12/2015
Case study 1: Residence and source
Kit is a permanent resident of Australia. He was born in Chile and retains his Chilean citizenship. Kit spends most of the year working off the coast of Indonesia on an oil rig for a United States company. He was recruited for this job in Australia and signed a contract with the company here. For the last four years, Kit’s wife has lived in Australia with their two children. They purchased a home in Australia three years ago. Kit and his wife have a joint bank account with Westpac Bank. Kit’s salary is paid directly into his account. All of the family’s other investments, including a share portfolio that generates dividend income, remain in Chile. Kit gets one month off from work every third month and, on these occasions, he meets with his family either in Australia or on holidays around South America (usually in Chile where his parents reside).
Discuss whether Kit is a resident of Australia and how his salary and investment income would be taxed (max. 1000 words).
Case study 2: ordinary income
In 1979, a doctor who lived and worked in Sydney purchased a 20 acre parcel of rural land on the outskirts of the city for $100,000. Over the years, he used the property as a “hobby farm” for growing fruit trees and as a “weekend retreat” for relaxation. Recently, the surrounding area has become more developed and the property has increased in value. The doctor has also recently run into financial difficulties as a result of a malpractice suit and he is considering selling his property.
Advise him as to whether he would be required to include any amount in his assessable income as a result of the sale (max. 1000 words).
(hints:1 is his resident property or not ? 2assume some figure ,ordinary income ,statutory income give explanation 2 case reference
1. statham &anor vs FC of T 89 ACT 4070
2.Casimaty vs FCof T 97 ACT 5135 Court judgments)