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Legt2751 Notes for Midsem

Decent Essays

ITAA97 = Income Tax Assessment Act 1997
ITAA36 = Income Tax Assessment Act 1936
TAA = Taxation Administration Act 1953
GST Act = A New Tax System (Goods and Services Tax) Act 1999
FBTAA = Fringe Benefits Tax Assessment Act 1986

Week 1 - INTRODUCTION TO TAXATION & THE AUSTRALIAN TAXATION SYSTEM

Taxes - compulsory, unrequited payments to general government. Collected for the provision of social & merit goods.
1. Social goods - Joint consumption (use by 1 doesn’t reduce others) & Non-excludable (can’t effectively exclude anyone from access to good). E.g. fresh air, street lighting, knowledge, open source software.
2. Merit goods - provided on the basis of need and not ability to pay & positive externalities to society as a whole. …show more content…

* Fixed vs. circulating capital - Memorex Pty Ltd v FCT – Non-current computer assets sold at the end of lease = income not capital. * Sale of exclusive rights (patent/copyright) will be capital (but not always!) Evans Medical Supplies (capital) vs. Rolls Royce (income). * Restrictive Covenant: Agreement to not divulge information / not to work for competitor / not to operate in set radius etc. * Can be capital or income, depends on length of restriction * Evans Medical Supplies v Moriarty – medicine manufacturer taxpayer (who sold confidential information to government and got 100,000 pounds ) was receiving the amount as capital structure because it was out of ordinary business transactions. * Rolls Royce Pty v Jeffrey – Technical knowledge and training was sold to different countries to make engines. Regarded as income.

Gifts / Prizes – Mere gifts are not income * Hayes v FCT (1956) – Voluntary payment made by one party to another was mere gift. Presumption will be that gift is not income (unless it relates to income-making activity). * Scott (1966) - Gift made to solicitor by longstanding client. Unexpected. Friendship. Scott adequately renumerated for services. Several other gifts also made. Not ordinary income. * Stone v FCT 2003 - Stone was a police woman but also competed as a javelin thrower for which she had

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