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 (10 marks, max. 1000 words).

Case study 2: ordinary income

Explanations of the respective outcomes reached by the courts in the following cases which all

involving sales of land:

I. Californian Copper Syndicate Ltd v Harris (Surveyor of Taxes) (1904) 5 TC 159

II. Scottish Australian Mining Co Ltd v FC of T (1950) 81 CLR 188

III. FC of T v Whitfords Beach Pty Ltd (1982) 150 CLR

IV. Statham & Anor v FC of T 89 ATC 4070

V. Casimaty v FC of T 97 ATC 5135

VI. Moana Sand Pty Ltd v FC of T 88 ATC 4897

VII. Crow v FC of T 88 ATC 4620

VIII. McCurry & Anor v FC of T 98 ATC 4487

(10 marks, max. 1000 words).

 

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