Task Question 1 Henry, a tax resident of Australia, was a famous jazz singer who passed away recently. Jack, a publisher was interested on Henry's life story and wanted to write a bibliography on Henry's life. Jack approached Henry's wife, Jenny (also a tax resident of Australia) to interview her on Henry's life story. She was offered $1 million for Henry story. Jenny was paid $500,000 deposit before the interview. After the interview she was paid the balance of the money. Would the tax consequences have changed if Jenny had written the book herself? Required Advise Jenny on her tax consequences. You must cite the relevant case law and legislation (10 marks) Question 2 Sally is a single parent who is employed as an accountant. In order to attend employment she must put her young child in a day-care centre. Sally considers the expense is necessarily incurred in gaining her income. Would she be entitled to a tax deduction under s8-1? Required Advise Sally of her tax consequences (10 marks) Question 3 Joseph conducts an plumbing business. With a view to future retirement he purchases 20ha of land and plants native wildflowers that he plans to harvest and sell. As a preliminary measure he arranges to clear the land and plough in compost. It is expected that the first commercial crop will not be harvested for five years. He incurs interest on a loan to finance the land purchase, land preparation costs, fertilizer costs and costs of acquiring native seedlings. Advise Joseph of the tax consequences of the venture. You must cite the relevant case law and legislation (15 marks) Rationale This assessment task covers topics from week 1 to 10 and has been designed to ensure that you are engaging with the subject content on a regular basis. : This assignment has been designed to assess your ability to be able to identify and explain the rules of law relating to taxation law topics covered in the subject be able demonstrate a capacity to engage in legal research be able to use legal research skills to apply the law to legal problems relating to taxation so as to reach a solution be able to analyse legal rules so as to differentiate between possible outcomes to the legal issues arising from novel fact situations. Students should be able to identify and apply legislation and case law to the issues identified as well as demonstrate the ability to analyse the issues fully and discuss the application of taxation principles Marking criteria In assessing your assignment the marker will expect you to: present an essay that is readable and coherent; use appropriate language, correct spelling and grammar; identify and analyse relevant issues; explain and apply relevant cases, rulings and legislation; reach a sound and well-reasoned conclusion; use appropriate referencing; and demonstrate time management skills. The following criteria will form the basis of assignment of marks for the problem solving question. Criteria High Distinction Distinction Credit Pass Fail Students are required to answer problem type questions in order to demonstrate: To meet this level you will achieve a cumulative mark of 85-100%. A mark in this range indicates that a student: To meet this level you will achieve a cumulative mark of 75-84%. A mark in this range indicates that a student: To meet this level you will achieve a cumulative mark of 65-74%. A mark in this range indicates that a student: To meet this level you will achieve a cumulative mark of 50-64%. A mark in this range indicates that a student: At this level you will obtain a mark of 0-49%. A mark in this range indicates that a student: Identification of relevant legal issues Correctly identifies all legal issues and formulates them clearly with consideration of all links to relevant law, with no errors. Correctly identifies all the tax law issuesand formulates them with consideration of links to relevant law, with only minor errors. Identifies and correctly formulates most major ltax law issues and supported by relevant law. Identifies some tax lawl issues. May or may not formulate them correctly. Considers and links to relevant law, Identifies no relevant issues or only a few of them. Some of these may be unclearly formulated. Considers few contextual factors of relevant law. Explanation of law and citation of relevant legal authority Provides a complete explanation of the law, justified by relevant taxation law, with no errors. Discussion identifies key statute and case law stating relevant principles and shows insight in identification and discussion of potentially hidden issues. Research of relevant legal authority shows a breadth of investigation through detailed analysis, discussion and tax computation. Provides a comprehensive explanation of the taxation law with few errors, substantiated by relevant case and statute law stating relevant principles. Research of relevant legal authority shows a breadth of investigation through detailed analysis, discussion and tax computation. Provides a substantial explanation of taxation law and tax computation but with some errors, substantiated by significant legal authority in the form of statute and case law. Provides a basic explanation of the taxation law and tax computation, but with significant errors, substantiated by some legal authority. Provides incorrect or limited explanation of the taxation law and tax computation using no, or only a limited range of, authority. Application of legal principles to the facts and tax computation Applies the law to the facts so as to reach a correct conclusion on all issues, with no errors. Argument discusses linkages between facts and the law and considers counter-arguments, completes tax computation correctly if required and evaluates the impacts of applying the law to the situation considering a broad range of factors that may affect the application. Conclusion draws together advice for client. Applies the law correctly to the facts so as to address all issues, with only minor errors. Argument discusses linkages between facts and the law, completes tax computation correctly if required and evaluates the impacts of applying the law to the situation considering factors that may affect the application. Conclusion draws together advice for client. Applies the law correctly to most issues arising from the facts, but with some errors. Argument discusses application of the law and completes tax computation correctly if required with some minor errors. Conclusion summarises advice for client. Makes a basic attempt to apply the law to the facts, but applies wrong law and / or contains significant errors in the application. Argument summarises application of the law, formula for tax computation identified and completed with errors. Advice to client is incomplete. Paper does not correctly apply law to the facts and / or applies incorrect law. May be descriptive, rather than putting forward a reasoned argument. Does not attempt tax computations. Compliance with the Style Guide, tax computation format and overall structure. Uses Style Guide comprehensively, accurately and consistently. Uses ILAC mode and tax computation format. Extremely well structured and organised, with one main argument introduced per paragraph, supported by well-written supporting sentences. Uses Style Guide accurately and with only minimal errors. Uses ILAC model tax computation format. Well structured, with one main argument introduced per paragraph. Adequate use of Style Guide, with some errors or lapses. Uses ILAC model, tax tax computation format and is clearly structured. Limited or inconsistent use of Style Guide. Some attempt at use of ILAC model, tax computation format and at structuring of answer. Poor, inconsistent or inaccurate use of Style Guide. Poorly structured. Inadequate or no use of paragraphs. May have disregarded the ILAC model and tax computation format. Written expression, calculation and editing. Uses appropriate academic writing which is formal, impersonal and which contains no spelling, grammar, punctuation and calculation errors. Paper demonstrates careful proofreading. Uses appropriate academic writing which is formal, and impersonal with only very minor spelling, grammar, punctuation and calculation errors. Paper demonstrates careful proofreading. Uses appropriate academic writing which is formal and impersonal, with a few spelling, grammar, punctuation and calculation errors. Paper demonstrates evidence of proofreading. Significant spelling, grammar, punctuation and calculation errors but the paper is readable and demonstrates some attempt at proofreading. Poor grammar, spelling, and /or punctuation. Showing little or no calculation. Paper gives no evidence of having been proof-read. Presentation Your answer should not exceed the 3,000 word limit, excluding the bibliography. The assignment must be typed in Times New Roman, 12 point font, 1.5 spaced and with at least a 2.5cm margin on each side. You must use APA referencing system. Case and statute names should be italicised. Please comply with the following style guide: 1. Do not re-state the question. 2. Use in-text referencing. Do not use footnotes. 3. Names of statutes should be italicised, and followed by the jurisdiction not in italics, for example: Acts Interpretation Act 1901 (Cth). Note the abbreviation for ‘Commonwealth’ is ‘Cth’ not ‘Cwlth’. 4. The names of the parties must be italicised, but the citation must not, for example: Smith v Jones (1967) 345 CLR 34. 5. An in-text reference to a book should be structured as follows: (Latimer, 2010, p. 75). There is no need to put the author’s initial. Note the positioning of brackets, stops and commas. You use ‘pp.’ only if referring to more than one page. If you are referring to a book with more than one author, the in-text reference would be as follows: (Smith et al, 2002, p. 78). 6. An in-text reference to the subject's Modules should be structured in brackets as per the following example - obviously you will alter the reference depending on the subject, year of study and Module number: (CSU LAW505 Modules, 2015, Topic 7). 7. Do not start a new line simply because you are starting a new sentence. 8. Be careful of apostrophes: director's = of a director, directors' = of many directors, directors = many directors. Also particularly prevalent is confusion between its (it possessive) and it's (contraction of "it is"). 9. The following words always start with a capital letter: Commonwealth, State, Act, Bill, Regulation, Constitution, Parliament. Do not unnecessarily capitalise other words.10. Do not use terms such as can't, won't, don't and shouldn't, neither should one use "i.e." and "e.g." in formal writing. 11. A sentence must always begin with a full word and a capital letter – so a sentence would start ‘Section 55 says…’, not ‘S 55 says…’ or ‘s 55 says…’ 12. Start each paragraph on a new line, and leave a clear line gap after the preceding paragraph. 13. You must put page numbers on your assignment. 14. Quotations, and excerpts from legislation should be indented from the rest of the text in a separate paragraph. The text in quotations should not be in italics. 15. You must end your assignment with a bibliography that is divided into three separate parts, listing statutes, cases and books / articles / on-line Modules. 16. A listing of a book in a bibliography should appear in accordance with the following format: Barkoczy, S (2015). Foundation of Taxation Law 2015, (7th edition), North Ryde: CCH. If listing a book with multiple authors, do so as follows: Sadiq, K, Coleman, C, Hanegbi, R, Jogarajan, S, Krever, R, Obst, W, and Ting, A (2015), Principles of Taxation Law 2015, (8th edition), Pymont: Thomson Reuters 17. When listing statutes at the end of your assignment you should conform to the format: Income Tax Assessment Act 1997 (Cth). List the statute only once – you do NOT list individual section numbers relied on. You should not list textbooks as the source of Acts – the Act itself is its own source. 18. When listing cases conform to the format: Allied Mills Industries Pty Ltd v FC of T 89 ATC 4365. 19. When listing article conform to the format: Jones, J 'The new analysis of law' (2010) 4 Journal of Recent Law 34. 20. When listing CSU Modules conform to the following format: CSU LAW505 Modules. 21. Make sure that your sentences are grammatical – it may be useful to read your assignment out loud if you have any doubts about this. PLEASE NOTE THAT YOU WILL LOSE MARKS IF YOU DO NOT COMPLY WITH THIS STYLE GUIDE. Requirements Your answers to both the Problem Solving Questions in this Assessment task must be fully referenced. Referencing is the acknowledgement of information sources in your work; it is the appropriate way to give credit to the original owner of an idea, piece of writing or creative work. You will be required to use the APA style of referencing and guidelines for using this style can be found on the CSU Referencing website at https://student.csu.edu.au/study/referencing-at-csu.