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LAW 6001 Taxation Law

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This assessment assesses your research skills, your ability to synthesise an original piece of work to specific content requirements and your ability to produce a comprehensible piece of advice which addressing the client's needs. It also assesses your written communication skills. The ability to deliver to a brief is an essential skill in the workplace. Clients may well approach advisors seeking a combination of specific information needs and advice on the tax implications of a particular arrangement in the Australian tax jurisdiction. It is therefore important to be able to identify all the issues presented by an arrangement and to think about the potential consequences of different approaches to addressing the client's needs.


Your case study needs to identify and discuss the tax implications of the various issues raised. In order to produce your case study, you will need to review relevant case law and legislation. The subject manual and set texts are starting points only, you will be expected to use these initial materials to identify potential useful resources. You will then need to review your selected resources to see if they value add to your analysis. Your case study is not just a list of answers. Your reasons for your conclusions and recommendations must be based on your research into the relevant cases and legislation.



a) the meaning of the term Permanent Establishment.
b) how the business profits of an enterprise incorporated in the UK are taxed in Australia.
c) whether contracts made through an independent agent would result in a Permanent Establishment


Andrew McSwington is a highly regarded MLB prospect born in Adelaide. During the Australian off season he first travelled to Mexico to play in the Fall League for 2 months and then went to America to play in the minor leagues for 15 months. He signs the contract stipulating he is to be paid $145 000 for the 15 months in Adelaide and joins the minor league team shortly after. The contract states he is to be paid monthly into a bank account in the Turks and Caicos Islands Andrew decides to purchase a home in America to use it as a base during the home and away series and rent it out for the remainder of the income year when he returns to Australia.


Discuss with reference to relevant case law: 

1. Whether Andrew a resident of Australia for tax purposes
2. The source of the $145 000 paid for his baseball skills
3. Whether he is liable for taxation in Australia on the $145000 for his baseball skills
4. Whether Andrew is liable for tax on the rental income received from America during the balance of the year 
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