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LAWS5065 : Taxation Law

tag 0 Download 13 Pages / 3,145 Words tag 31-10-2020

Question:

1).With the introduction of the Personal Services Income regime, is the concept of “income from personal exertion” now redundant?

2).With the increasing casualization and increased specialisation of the Australian workforce which largely involves contracting arrangements, the traditional dichotomy between employees and contractors is becoming increasingly blurred. The Personal Services Income regime recognises this and attempts to alter the tax attributes of some contractors to be similar to that of employees. Rather than adjusting the income derived and the expenses incurred, could the government achieve the same result by deeming “employee-like” contractors to be employees?

3).With the increasing specialisation of contractors, is the concept of control still a relevant test for determining if a person is an employee or contractor?

4).The common law tests for distinguishing between an employee or independent contractor are no longer relevant in light of the incorporation of statutory definitions of an employee (or its equivalent) in certain tax regimes (e.g. superannuation). Discuss.

5).When providing advice in relation to personal services business (PSB) determinations, the Commissioner of Taxation always retains the right to apply Part IVA if he considers it necessary, for example, where there is income splitting. Given the Commissioner determines that a PSB exists, can he ever be justified in applying Part IVA. Could something else be done?
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