You have just started a new job as a graduate accountant. Your managing partner has to do a media interview and he asks you to provide answers to some questions that will be asked. He has given you a list of questions that he has to address in his interview and he needs you to provide him with short answers to these questions and provide references so that he can check the answer if required.
1. Who is the Commissioner of Taxation?
2. What is the corporate Mission Statement of the Australian Taxation Office?
3. Where could information be found on the internet regarding the Australian Taxation Office and what they do?
4. Does the Taxpayer’s Charter allow the Australian Taxation Office to disclose your information to other parties? Under what circumstances would this be allowed to occur?
5. Which Division of the Income Tax Assessment Act 1997 contains the definitions related to the Act?
6. Which section of the Income Tax Assessment Act 1997 considers what expenditure is considered to be an allowable deduction? What is the title of this section?
7. Which section of the Income Tax Assessment Act 1997 includes the value of allowances in assessable income? What is the title of this section?
8. Must the value of allowances referred to in the question above be provided in monetary form? Where can you find this information?
9. What topic does Taxation Ruling TR 2013/2 discuss?
10. Taxation Determination TD 2016/3 sets out the cents per kilometre rates for private use of motor vehicles for the FBT year starting 1 April 2016. What is the applicable rate for a motor vehicle with an engine capacity over 2500cc?
Part B 30 marks
Midoona is a popstar who has travelled all over the world and calls the quaint English town of Bourbon-On-Ryde her home. On 2 July 2015 Midoona travels to Sydney to commence the Australian leg of her ‘Like a Popstar’ tour. Midoona has 3 children who travel with her while she is touring. However, her husband Very Richie does not accompany her on this tour. The Australian tour is very successful and Midoona makes $450 000 for this leg of the tour. Operating expenses incurred on this leg of the tour amount to $380 000. Midoona also appears on ‘The Affairs of Today’ show while she is in Sydney, earning an appearance fee of $15 000. The world tour has been very gruelling and Midoona has always wanted to see some of Australia so when the final concert is completed in Adelaide on 15 August 2015 Midoona hires a campervan and takes her children on a driving trip around the Australian outback.
While they are visiting the Northern Territory town of Darwin Midoona enters a trivia competition at the Imperial Hotel. To her delight she wins the prize which consists of a weekend at the Alatai Holiday Apartments valued at $500 and a $500 cash prize. Midoona is delighted as she has never been able to win the trivia competition in her home town of Bourbon-On-Ryde despite entering many competitions over the years.
When the time comes to go home in September Midoona goes home to England with a heavy heart. While she is looking forward to reuniting with her husband Very Richie she will miss the comeraderie of the Australian outback. Midoona flies out of Darwin on 15 September 2015 promising her new friends at the Imperial Hotel that she will be back again one day.
After two months at home, and as winter descends, Midoona finds that she has spiralled into a deep depression. Despite numerous attempts at the trivia title at her local pub in Bourbon-On-Ryde she is unable to revisit the glory that she found while competing at the Imperial Hotel in Darwin. One night, after a particularly cold and dreary day, Midoona receives an email from one of her Australian friends informing her that the Imperial Hotel is starting a karaoke competition and is looking for a hostess. Midoona jumps at the chance and immediately applies for the position.
As it turns out there are very few applications for the position and as Midoona has firmly established herself as a crowd favourite at the Imperial she is offered the position. The offer is for a 2 year period with time allowed for Midoona to attend week-long recording sessions at monthly intervals back in England.
Midoona arrives in Darwin to start her new position on 1 April 2016. However, Midoona’s husband Very Richie does not accompany her as he is busy with his film production business in England and he has heard that there are no prospects for his business in Australia. Midoona’s children are also staying in England as they did not enjoy the sunny weather in Darwin and would prefer to stay at home in the grey confines of their English home in Bourbon-on-Ryde. Midoona therefore takes a lease on an apartment in the Alatai Holiday Apartments on a week to week basis so that she does not have to pay accommodation costs when she is attending her monthly recording sessions. However, she intends to stay in Australia and while she is in Darwin she starts looking around for a house to buy.
Midoona is no longer allowed to enter trivia competitions at the Imperial Hotel due to her position as a staff member. However, she often visits other hotels in the area to attend their competitions. The competition is stiff however and Midoona only wins one other competition at the Grand Hotel which has a cash prize of $200.
Midoona earns $45 000 from her job as a karaoke hostess at the Imperial Hotel in Darwin She also receives tips from customers at the hotel amounting to $2 500. These amounts are received in gold coins and Midoona deposits them into an account in her children’s names as pocket money. Midoona spends $1 000 on two dresses that she wears as a karaoke hostess in the Imperial Hotel’s distinctive colours of royal blue and scarlet red. She also purchases three pairs of red stilettos at a cost of $150 each to wear in her hostessing duties. To help further her career Midoona subscribes to the magazine ‘Karaoke Queen’ at a cost of $200 per year which contains words to songs and suggestions for dance moves that can be used in the karaoke context. She also joins the Karaoke Australia organisation, an organisation for karaoke hosts, which provides regular networking activities and a monthly newsletter. The yearly membership subscription is $500.
1. As to whether she will be a resident of Australia for income tax purposes for the 2015/2016 income year, giving consideration to all of the tests of residency; and,
2. Calculate Midoona’s tax payable in the 2015/2016 income year; and
3. Provide a discussion setting out the justification for the inclusion/exclusion of each item in the tax payable calculation above.