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LAW6917 Taxation Law Assignment




(The assessment task is expected to assess students’ achievement against Unit Learning Outcomes ULO 1, 2 &3)

TOTAL MARKS:                                                                             20

CONTRIBUTION TO OVERALL MARK:                                    20%


Tasks: The purpose of this assignment is for you to apply the taxation law principles studied in the Unit to formulate responses to three mini case scenarios in a written report and present your response to one of the cases to your classmates.

Presentation time: During the class time on Friday, 19 May 2023 (Week 9)

Deadline to submit written report: 11.59 pm on Sunday, 21 May 2023 (Week 9)

Submission method: As a Word document via the Turnitin-enabled assignment link in Moodle.

Word limit for written report: 2,000 words (excluding references)

Time limit for presentation: 5 minutes

Individual or group assignment: Individual assignment

Mark allocation and marking criteria:

  • Written report (15 marks):
    • Maximum mark for your response to each case scenario: 5 marks
    • Marks will be awarded for each response as follows:
      • Identification of the legal issue(s) in the case: 0.5 marks.
      • Statements of the relevant rules and reference to the relevant section(s) of the legislation, case(s) and/or tax ruling(s): 2 marks.
      • Application of the rules to the facts of the case, including giving reasons to support your argument about the likely outcome of the case: 2 marks; and
      • Use of clear expressions and proper referencing practices: 0.5 marks.

• Presentation (5 marks):
o Marks will be awarded for your presentation as follows:
Content – identification of the legal issue(s) in the case, statements of the relevant rules, where they come from and application of the rules to the facts to suggest the likely outcome of the case: 3 marks; and
Delivery and engagement – effective use of PowerPoint slides, ability to present clearly and confidently and engagement with audience: 2 marks.

Question 1

Emily, an Australian citizen, was a marketing executive who was sent by her company to Paris for two years. During that time, she and her family leased a house in Paris. The family’s house in Sydney was let, unfurnished. The family’s furniture was stored in a relative’s garage.

Emily had expected to move to her company’s London branch at the end of the two-year period. However, to take advantage of a promotion, she returned to Sydney. She was unaware of the possibility of the promotion until two weeks before her returned to Australia.

Discuss whether, for the two-year period, Emily would be regarded as an Australian resident for tax purposes and whether her salary would be taxable in Australia. Assume that Emily left for Paris two years ago and returned on 30 June during the current income year.

Question 2

During the current income year, Jenny received the following amounts and gift:

  • salary of $90,000;
  • $400 per week for 52 weeks of the year from a rental property she owns;
  • winnings of $5,000 at Crown Casino;
  • $1,000 from selling home-baked cakes to her friends; and
  • a necklace worth $200 from Peter, a happy client. What is Jenny’s ordinary income for the current tax year?

Question 3

Over the last 12 months, Mike acquired the following assets:

  • an antique chair for $2,000;
  • an antique vase for $3,000;
  • a painting for $9,000;
  • a home sound system for $5,000; and
  • shares in a listed company for $5,000.

Last week, he sold these assets as follows:

  • the antique chair for $3,000;
  • the antique vase for $1,000;
  • the painting for $1,000;
  • the sound system for $4,000; and
  • the shares for $10,000.

Calculate Mike’s net capital gain or net capital loss for the year. Assume all the transactions happened in the current income year.