Taxation - Theory and Practice and Law

Question: Discuss about the Taxation, Theory and Practice and Law. Answer: The government of Australia uses income tax as one of its primary method of earning it revenues. In particular, the government imposes three kinds of income tax. Namely, there is a tax from individuals salaries and wages, income tax from business, plus tax from capital gains (Reinhardt and Steel1, 2006). This paper will study analyze the case where a citizen works outside Australia, but his family resides within Australian. From the study, the paper will be able to determine whether the citizen is supposed to pay his tax to the Australian government or not. The first question here is deciding where specifically Kit residence is. Of course, before any government imposes tax liabilities to someone, it has to be determining whether the person resides in such country or not. If not that, it has to assess the source of your income (Clark and Miller, 2000). Even though, to some extent, the way the Australian government carries out its tax regulations seems different from other countries. In analyzing their residency for tax, you may find that someone is not its resident due to immigration demands, but when it comes to tax liabilities, the government includes that person as a resident, and therefore the person is charged the income tax (CCH Editors, 2009). With that, it would be necessary for this paper to determine the kit residence. In determining someones residence and citizenship, Australia adopts the use of nationality test. The objective of this test as centered in helping migrants to integrate and also maximize their opportunities (Bacc hi, 2009). For participation in this test, an applicant would be required to be permanently residing in Australia. Also, a person needs to present the identity confirmation at the time of enrollment. Plus, the department would take require a photo from someone (Braithwaite, 2009). The law of taxation in Australian covers all the details in determining whether an individual is an Australian resident or not so as to impose tax duties. In our concerned case, Kit is a permanent resident in Australia only that he spends most of his time outside Australia, and that is just because of his job's demands. If someone stays outside Australia in the most of the year, such a person would be considered a non-resident as far as tax duties are concerned (IBP, Inc., 2015). Even though, Kit case is different. He is working in Indonesia, but he signed the contract in Australia. In (Vrellis, 2011), the work states that a contract is governed in the country where it was finalized. So it means that Kit's contract was concluded with the laws of Australia. So that part alone gives a presumption that Kit would want his family to live in Australia. The next presumption of Kits residence in Australia is his Bank Account. Kits Bank Account is in Australia, and its the same bank where his salary is credited. In short, the taxation law can conclude that Kit is conducting some economic liveliness in Australia, and in doing that he has an Australian residence. Thus, this piece of information again favors Australian Residency for tax purposes. Another thing, during work-offs and holidays, were are told that Kit finds the time to come and be with his family. This fact can also be used to imply that he wants to stay in Australia. To clarify on that, citizenship is available to any applicant with an intention to reside in Australia if he or she visits Australia regularly. Having this and the fact that his family is in Australia, it also give a presumption that he is an Australian resident. So, from the information given, it's worth concluding that Kit is an Australian residence. Even though he doesn't spend much of his time in Australian, he his investments is not within Australian, his conducts portray an intention to remain in Australia. Now that he is an Australian Resident, he is eligible to pay his income tax and other taxes as stipulated by the law of Australia. For example, in (Fisher, 2012) the work states that the house owner submits charges of fire service levy to the government. Similarly, Kit has to pay for these. At the same time, the government won't charge him any tax on the income that he receives as dividends from those countries mentioned to his dual citizenship (Ashby et al. 2009). Accordingly, Kit would not need to pay any tax from the money he receives from Chile as a dividend. Additionally, in the concern for the income that he is earning from his investment in Chile, that one would be treated as income coming from foreign investments. Therefore, that would be taxed accordingly. If he wants, he can raise a claim over his foreign assets tax offsets. However, this would only apply if he has applicable offsets. Furthermore, he would have to present his capital gains or losses that he faces from his sales. So they would all appear in the tax returns and would be taxed as other regular Australian Resident. The question in the law concerning this case was whether taxation should extend to the profits the taxpayer earned from the disposition of land. The taxpayer had bought this land for mining, but he decided to sell it due to lack of capital to carry out the mining and hence he started disposing of the land. The taxpayer gained some profit from the sale, and it claimed that the government should not assess such income for the purpose of the tax. However, the court held that such profit should be evaluated for taxation (Taxation Of Gains From Banking and Insurance Businesses In New Zealand, 2017). Scottish Australian Mining Co Ltd v FC of T (1950) 81 CLR 188 The Taxpayer acquired had acquired for coal mining. The business worked until 1924 when the coal exhausted from the ground. As a result, the taxpayer partitioned the land, constructed roads, and buildings incorporating railway stations with the plan of selling the property at a profit. When it came to payments of tax demands, the taxpayer contested what the commissioner argued that the profit earned from the subdivision should be included as assessable income (Gaal, 2010). It argued that the business operations were not in line with their actual business. They were undertaking such action to only dispose of their assets which were not helpful to their business. To their side, the court ruled that the profit was not assessable for taxation purposes. FC of T v Whitfords Beach Pty Ltd (1982) 150 CLR Initially, the taxpayer had acquired the land for domestic use and for the fishermen who had their shares in the company. Later on, three construction companies bought the fishermen's shares. They all adopted the article of association of the company, but they had an intention to develop and partition land for sale. When it came to tax payment, the Taxpayer contested that their profit shouldnt be taxed as income. However, the court dismissed their claim and concluded that the tax papers dealing didnt constitute a separate dealing from their overall business operations (CCH Australia Ltd, 2011). In this case, the taxpayers held the land in trust for the estate of Charles Aderman. The deceased had obtained the land with the intention of carrying out desultory farming. Later on, the deceased sold half of the shares to his brother-in-law. Both decided to undertake cattle farming in a partnership business. However, the whole plan failed due to the adverse market situation and the proprietor's health (Morse Group Accountants Advisors, n.d.). So with that, the co-owners opted to subdivide the land and sell it. The council of the co-owners procured the subdivisions, and the co-owners presented a bond to the Council through a bank guarantee. They both sold the plots, and they earned a sizable profit the deal. The Taxpayer disputed that the dealing with that land should be taxed, and they argued that they were merely trying to dispose of their capital asset. To their favor, the court ruled that they were not supposed to submit their tax payments from the sale. The Taxpayer purchased the land for farming business. He carried out the farming work for some time but afterward, he found that the property would not be as profitable as it was expected due to severe drought, poor health, etc (Cooper Grace Ward, 2015). So he partitioned the land and disposed of it in 8 different blocks. The Taxpayer objected to pay the tax since profit was earnings from a capital asset. The Court accepted his appeal; it ruled that he should not pay the tax from the partitioned plots. The court reasoned that he had not acquired the land with the intention of subdividing for sale, only that he found that the farming was not as profitable as he thought. Moana Sand Pty Ltd v FC of T 88 ATC 4897 The memorandum stated that the taxpayer's objective was to carry out business in selling the sand that was on the property. Additionally, their intention indicated that they planned to also sell the land after harvesting the sand. So the Taxpayer subdivided the land after exhausting the sand and then sold it at a profit (Prince, 2011). The Taxpayer argued that it wasn't their actual business of selling land, so they should not remit tax as required by the law. However, the court objected to their claim. About this case, Taxpayer bought agricultural land. He subdivided it and sold for a profit. He contended that the profit earned was not supposed to be a tax. However, the court declined his claim and ruled that he was expected to pay tax. It seemed to the court that he was buying and subdividing the land, and then selling it at a profit (Smith, 2003). The Taxpayers bought the land and cleared all the old houses, and then replaced them with three townhouses. Ahead of completion, he decided to search for buyers but he didn't get them (Austaxpbr.com.au, 2017). Later he started living in the houses while searching for buyers. Finally, the buyers came, and he sold the property making a profit. He then contended that he be exempted from tax obligations which the court dismissed. Conclusion If you're new to Australia intending to live there permanently, it would be good to understand that you'll be an Australian resident for tax purposes (Hill and McCune, 2007). Similarly, if you're an entrepreneur, it is also worth knowing whether a particular scheme is a little realization or you'll be required to remit your income tax. All this would be necessary to avoid huge penalties that can be imposed by the law. References Reinhardt, S. and Steel1 L. (2006). A brief history of Australias tax system. Clark, B. and Miller, L. (2000). Taxation and sport in Australia. 2nd ed. Leichhardt, N.S.W.: Federation Press, p.6. CCH Editors (2009). Australian income tax legislation 2009. 1st ed. North Ryde, N.S.W.: CCH Australia, p.1654. Bacchi, C. (2009). Analysing Policy. 1st ed. Pearson Higher Education AU, p.171. Braithwaite, V.A. (2009). Defiance in taxation and governance: Resisting and dismissing authority in a democracy. Edward Elgar Publishing. Vrellis, S. (2011). Private international law in Greece. 1st ed. Alphen aan den Rijn: Kluwer law international, p.75. Fisher, R.C. ed. (2012).Intergovernmental fiscal relations(Vol. 56). Springer Science Business Media. Ashby, J.S., Webley, P. and Haslam, A.S. (2009). The role of occupational taxpaying cultures in taxpaying behaviour and attitudes. Journal of Economic Psychology, 30(2), pp.216-227. Taxation Of Gains From Banking and Insurance Businesses In New Zealand. (2017). Revenue Law Journal, 20(1). Gaal, J. (2010). Tax agents manual. 1st ed. Sydney: CCH Australia, p.141. CCH Australia, Ltd (2011). 1st ed. CCH Australia, Limited, p.734. (Morse Group Accountants Advisors (n.d.). Selling The Farm Piecemeal The Tax Issues. Cooper Grace Ward (2015). Tax and GST issues with small property developments. Brisbane; Au. Prince, J. (2011). Property Taxation. 1st ed. Milton: Wiley. Smith, A. (2003). Property Development Land and Property. WA Division. P 11 Austaxpbr.com.au. (2017). Austax. [online] Available at: https://austaxpbr.com.au/document/PBR_67178 [Accessed 22 Apr. 2017]. Hill, M. and McCune, L. (2007). The actors' handbook. 1st ed. Carlton, Vic.: Artists Technologies, p.379.

Distributed Computing Research Proposal Essay Example

Distributed Computing Research Proposal Essay Distributed computing is the way of the solution of the complicated problems which the help of several computers connected with one another into a network. Distributed computing is also the type of the parallel calculation and processing of the problem relying on the capacity of the several processors of one or more computers. The most crucial factor which enables to carry out the procedure of the distributed computing is the segmentation of the problem into the subproblems can be researched simultaneously. It is vital to possess the computers with the high power to be able to process a few related parts of the problem efficiently. Unfortunately, it is not always possible to distribute the issue into the several segments, and in this case, such type of computing is impossible. Distributed computing is a useful method for the solution of the required problems because sometimes the power of the single processor is not enough to solve the problem well. To cope with this problem, it is possible to use several computers which would combine their power and analyze the definite problem efficiently. Distributed computing is also a convenient method of computing because it is possible to transport the information and the results of the research from one computer to the other sharing the data between the members of the experts working out the project. We will write a custom essay sample on Distributed Computing Research Proposal specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Distributed Computing Research Proposal specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Distributed Computing Research Proposal specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Distributed computing can be accepted as the useful topic for the research because the student can improve his entire knowledge about the types and methods of computing. The success of the research proposal lies in the unique approach towards the investigation and the original student’s ideas concerning distributed computing. The young professional can learn about the topic as much as possible and then suggest his approach towards the points which are attractive to him. One can think about the strong and weak sides of distributed computing and try to dwell on the brand new ideas related to it. The student can brainstorm the new methods of the research, the new application of distributed computing in practice and the ways of the improvement of its work. Every young student has severe problems with writing because every assignment requires personal approach and precious knowledge about the issue under research. A good research proposal can be written under the effect of a free example research proposal on distributed computing written by the qualified writer. Relying upon a free sample research proposal on distributed computing one can learn about the right manner of the persuasive writing, the proper supply with the arguments and the quality selection of the methods for the research. Do you still need academic writing assistance from PhD experts? Try the following writing company and order a custom paper below:

My Goals And Aspirations Essays - DraftHolzner, Anton, Chitto Harjo

My Goals and Aspirations It's unbelievable how each year, since the beginning of high school, my perfectly laid plans for myself have unavoidably deteriorated. When I entered my freshman year, I had aspirations of being a doctor (something I had wanted to be since I was a child); I was even taking Latin to help with the medical jargon. Now, here I am entering my senior year in high school without any idea of what I want to do. Now seems to be the time to start taking life seriously and making responsible, educated choices. Looking back on it now, I realize that I cannot become the doctor I wanted to be. I have come to realize that, that dream was not only my own, but a dream of my family. My parents often talked of me becoming a doctor and although their enthusiasm continued throughout my childhood and early adolescence, mine slowly diminished; until finally I realized I did not want to become a doctor. I remember how hard it seemed to tell my parents of my decision, I felt as if I was letting them down, but I eventually came to realize that they wanted me to do what made me happy. I am not definite why I changed my mind in regard to being a doctor, I had the grades, the drive, and the willingness to make certain sacrifices, but somewhere I was missing something and I felt that I would not be satisfied in a medical career. So I started thinking about what I wanted to do; I went from teaching to law enforcement, computer programming to astronautics and numerous other professions. Now I come to a crossro ad in my life where I must choose what to do with my future, choose what will make me happy. I have always wanted the typical ?American Dream' to have a husband I am in love with, a stable job, loving children, and a house in the suburbs. But now I realize that there are so many other steps I need to take in order to achieve these so-called goals. This includes graduating from high school and college, finding that special someone, and finding that perfect job. I have begun to realize that I have yet to begin my life; everything up until now has been practice, as if I have been in a cage and it is only now that I am beginning to break free and do things for myself. My one goal for the future is to be happy regardless of what I choose to do. I want to be satisfied with my decisions, to be able to accept and forgive, and most of all to be able to live up to the expectations I have for myself. I realize I cannot set my goals and dreams on the basis of others and I need to achieve things for myself. If I live my life for the people around me, I will never truly be happy. I will only accomplish my goal in being happy when I am able to live my life for myself and still able to provide love and support to others. I realize I don't have to have all the answers rights now, and that it's probably better that I don't. I have also figured that no matter what I do in life, I will never be completely satisfied; and that's how it should be, always looking for something more, always striving for something better.

The Indolence of Filipinos Essays

The Indolence of Filipinos Essays The Indolence of Filipinos Essay The Indolence of Filipinos Essay When we talk about indolence it’s being about the laziness of Filipinos. We all know that many Filipinos are now indolence here in our society. But most of them are hardworking persons. And in my opinion I do not think that Filipinos are lazy because we are hardworking and independent group of people. And some of us are working in abroad just to raise our family in poverty especially to provide the basic needs of family the clothing, shelter and food.And because of that many Filipinos who strived hard just to give their children a decent life and proper education. But there are some who are indolence to reach their goal and lack of self-determination. With this, many Filipinos who are lazy to simply follow the rules and regulations in our society. Like the proper disposal of garbage and the traffic laws. This means that, by this simple instructions we tend to be independent, in other words lazy. Filipinos are sometimes tend to be lazy because of the low economy of our country. They are lazy finding solutions to their problems. That’s why many of us were influenced to do negative actions such as kidnapping, drug addiction, teenage pregnancy and not pursuing education trying to fit in and becoming part of a circle, not standing with the negative influences is truly the miserable thing that a Filipino with encounter. However, the thing that I must be proud of being a Filipino is that being hospitable to the other people and also they work hard under the heat of the sun like the farmers. Without them we are nothing because we don’t have nothing to eat.Also to the Overseas Filipino Worker or OFW they endure to leave their family and suffer the consequences to the other country. Even though there are others who are molested by their employee because to them we are just nothing, nothing but a low educated person. There are some who stand strong and not affected of what the foreigners treated the Filipinos. They have the strong determination that wi thout the Filipinos they are nothing, they only depend on us because we’re hardworking and most of them don’t know how to facilitate their own living. That’s why I’m proud to be a Filipino.

Final Exam Essay Example | Topics and Well Written Essays - 1250 words - 8

Final Exam - Essay Example The world had just experienced an economic depression and majority of the Germans had lost hope in recovering their lost funds that they had invested in stocks. The Nazism provided the much needed hope to help the citizens something which the Weimar government had failed to do. This attracted majority of the populations to the support of the Nazis hence they had a great following. Hitler then became even stronger by unification with the national conservatisms party in Germany which became a major power. The World War II was majorly caused by the aggression of countries such as Japan, Italy and Germany. This was majorly influenced by the economic depressions that had hit the country’s leading to high inflations in the economy. Majority of the citizens from this countries opted for military use to gain what they wanted. Japan military attacked China and even set up Manchukuo in China so that they could get access to the minerals to help their countries. This led to bombings in cities such Guangzhou that resulted into war crimes fuelling the world tensions. Invasions of Nazi attacks and the Soviet Union’s, for instance Germany attacked Poland and acquired Sudetenland of the Czech Republic without their consent. Italy on the other hand carried attacked on Austria and expanded into East Africa regions such Ethiopia to acquire wealth that made the League of Nations to announce them assailant. As a result, the Britain and France came in to help the vulnerable nations from ag gressions of the dictatorship regimes. This led to the rise of the Second World War II. However, this war could have been avoided if Britain and France had no soft spot for the hard-line positions held by Germany as they acquired other territories or if the European countries had addressed the economic depression that had affected the various nations. They had resources and always allowed

Critical research paper Essay Example | Topics and Well Written Essays - 1250 words - 1

Critical research paper - Essay Example Creon judgment that Polyneices body was not to receive a proper burial brought out different characters of Antigone and Isemene. Polyneices body would be left unburied and be consumed by birds or animals (Heaney 2). Antigone and Isemene are different in their conduct as exposed in their character. Wolf (6) highlights that; Antigone has strong convictions and chooses to follow them. In contrast, Isemene is complacent and reluctant to act upon her convictions. Antigone believes that their brother should receive a proper burial by performing apposite burial rites. Although Polyneices was the aggressor in Thebes struggle, Antigone considers that he should be buried since he was a member of the family. Antigone’s actions are visualized as a reflection of her will because she defies the king. Greek women did not enjoy freedom as the men did. This is why Creon’s determination to defeat Antigone is motivated because she is a woman. There were societal structures accompanied by rules that defined the place of woman in Greek. Men were placed higher in hierarchy than women. Antigone perspective repels the stipulated gender roles because she is rebellious. Antigone breaks the rules of Greek culture by refusing to be passive. Isemene chooses to be compliant with the rules of Greek culture to avoid displeasing her customs. Isemene’s perspective on men is that they are superior to women and women should be submissive. Cultural viewpoint on men as superior to women makes Isemene believe that men should be obeyed. Isemene realizes the short falls of the Greek’s perspective on women as problematic. Creon sees his mistake and cannot apologize to a woman, because he would go against his cultural practice. The outstanding behavior of Antigone as a woman is that she defies the kings decree, yet she is a woman. Even though disobedience punishment is death, Antigone chooses to disobey Creon who is also a member of her family

Is it possible for atheists to be moral, ethical people, or do you Essay

Is it possible for atheists to be moral, ethical people, or do you believe that ethics and morality are inseparable from religion - Essay Example Not so according to Thomas Hobbes "the Nature of God, that tend not to his Honour, but to the honour of our own wits, and learning; and are nothing else but inconsiderate, and vain abuses of his Sacred Name" (Leviathan 1651, Chapter XXXI, Of the Kingdome of God by Nature). Thus no divine driving force should be believed to exist when religious pundits claim that both religion and god are required for morality. While moral values are considered necessary for society to grow, religious moral values are preferred to godless morality. However, one's morality should be based on core beliefs transcending into values. The background to moral values stems from human nature, what is valued. Combined with human relationships it is usually human beings that deduce what should be valued or not. While influence of religion can be accounted for it is finally individuals that make personal choices. John Stuart Mill in this Autobiography (1873) states "I have long felt that the prevailing tendency to regard all the marked distinctions of human character as innate, and in the main indelible, and to ignore the irresistible proofs that by far the greater part of those differences, whether between individuals, races, or sexes, are such as not only might but naturally would be produced by differences in circumstances, is one of the chief hindrances to the rational treatment of great social questions, and one of the greatest stumbling blocks to human improvement. (192) Therefore the label of holding moral values aligned to any religion can be negated as secular values derive itself more from human experience and empathy than religious beliefs. Religious morality cannot be deemed to be deep rooted...The knowledge of what is good and bad, right and wrong usually begins from an individuals own understanding. While morality could mean principles, in ethics we refer to moral codes, a branch of moral philosophy which studies moral conduct. Moreover one could argue that these are one and the same. While, atheists rely on the existence of god for morality to prevail, ethics revolves around behaviour, delving into anthropology, psychology, sociology and history to understand beliefs about moral norms. According to Albert Einstein, â€Å"The truth is that all religions are a varying blend of both types, with this differentiation: that on the higher levels of social life the religion of morality predominates. (Religion and Science - 1930). In modern day living this view has even been endorsed by The Dalai Lama who emphasized that "We need these human values. I call these secular ethics, secular beliefs. There’s no relationship with any particular religion. Even without religion, even as nonbelievers, we have the capacity to promote these things." Continuing the argument that ethics and morality are inseparable from religion, it has been argued that while religion upholds morality via faith from belief in god, atheists provides no moral guidance. Instead they form and adhere to ethics they themselves have decided upon. These moral standards with a code of ethics both in terms of variables and evolving decisions, being moral or its opposite immoral signify their actions.