Jenny is an accountant who works in Hong Kong
Jenny is an accountant who works in Hong Kong. She is single and lives in Hong Kong with her parents. Until April 2016, her work does not involve travel. At that time, she accepts an offer from her employer to travel temporarily to Australia to provide business advice to large numbers of former Hong Kong residents setting up businesses in Melbourne, Sydney and Brisbane. Jenny enters Australia on 25 April 2016. She intends to spend three months travelling between the three cities, staying in various motels. Her employer asks her towards the end of her three months to take up a position in Sydney for a further nine months. In early July, she leases a serviced executive apartment for nine months near her workplace in Sydney. The apartment is her home base during her stay here. She freights more clothing and some personal effects to Australia. Her parents visit her on two occasions. Although based in Sydney, her commitments require some limited travel. On average, Jenny travels at least once a week to meet clients outside Sydney. Is Jenny a resident of Australia for tax purposes (12 marks)
A well-known television personality was paid a lump sum of $400,000 to encourage her to join a new television network. She accepted the offer and received an annual salary of $100,000 in addition to the lump sum payment.
Discuss whether both the $400,000 and the $100,000 receipts are assessable income. (8 marks)
Note: You will need to refer to case law and legislation to answer this question adequately.
Students are reminded that they will lose marks if they merely reproduce passages copied word for word from texts and other references without attempting to convey information and express ideas in their own words. Of course, this does not preclude the intelligent use of relevant quotations in respect of which proper references are given.
It should be noted that the references must be given in respect of all material included in the assignment. References are not to be confined to situations in which the writer is citing a particular case or using a direct quotation. For example, if the writer is putting forward a legal proposition or using a statement or idea drawn from a specific source, that source must be acknowledged by reference. It is essential that references be properly acknowledged at all times and marks will be deducted if this is not done.
References may be acknowledged within the assignment text, (using in-text or Harvard referencing) or by footnoting throughout the assignment, by giving details of the references by way of numbered footnotes at the bottom of the relevant page. Note carefully that proper and consistent referencing must be followed. When referring to cases, the full case citation must be given.
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