Taxation Law & Practice Assignment-

Purpose

To extend familiarity with locating legal decisions and undertaking research into an aspect of currently debated taxation law and practice. It is important for you to have time to think through how to structure and present your responses, and to review and discuss what the law is in a particular area. Whilst discussion with others is encouraged, the final piece of work must be your own.

Required: Complete the tasks in Part A and Part B.

Part A -

Taking steps to move towards a balanced budget is a goal of government in Australia. The government, in Budget Paper No. 2 Budget Measures 2015-2016, proposes changes to tax residency rules for temporary working holiday makers as a means of raising revenue.

Recently there have been debates in Parliament, and discussion in the media, concerning proposed working holiday maker reforms. One recent Bill introduced for debate in Parliament is the Income Tax Rates Amendment (Working Holiday Maker Reform) Bill 2016 - the 'WHMR Bill'. This, with other proposed legislative amendments concerning working holiday makers, is often referred to in the media as the 'Backpacker Tax'.

Task

You are required to choose and read ONE of the following cases, and answer the questions below:

Clemens and Commissioner of Taxation [2015] AATA 124 (6 March 2015)

or

Jaczenko and Commissioner of Taxation [2015] AATA 125 (6 March 2015)

or

Koustrup and Commissioner of Taxation [2015] AATA 126 (6 March 2015)

(Hint: these cases are available on the Austlii website)

1. What issues are being considered in your chosen case, and what decision (conclusion) is reached?

2. Would the decision support the need for proposed changes to the residency rules for temporary working holiday makers? Give reasons for your response.

3. Identify the (precedent) cases being relied upon and the sections of legislation being considered.

4. How are the facts, and decision, in your chosen case relevant to the current media discussion of the 'backpacker tax'?

Part B - Task

Read relevant passages in the Income Tax Rates Amendment (Working Holiday Maker Reform) Bill 2016 and complete tasks 1 and 2 below (Hint: click on Noteup in the line above the case on the Austlii website - disregard related Bills)

1. Explain, in your own words, the purpose of the Bill.

2. How would the Bill, if enacted, affect the tax treatment of a working holiday maker in the same position as the applicant in your chosen case? Give reasons and/or calculations in support of your response.