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Instant Download Ebook PDF A Practical Introduction To Australian Taxation Law 2020 PDF Scribd
Instant Download Ebook PDF A Practical Introduction To Australian Taxation Law 2020 PDF Scribd
To be successful in the tax area you must be able to solve problems and think critically.
An important part of this is being able to research the vast resources available to the tax
practitioner.
This topic will provide some basic notes which you can use to help you research a
problem. The research tools you will use will change over the years. Ensure that you
keep up-to-date.
The ATO has a vast array of resources available. The Legal Database can provide you
with a lot of the information you need.
Go to http://www.ato.gov.au
On the left-hand side of this page you will see “Quick Access”.
Quick Access
View legislation
This is helpful when you want to view a specific section. You need to know the number
of the section you want to see.
Once you click on “legislation” you need to select the particular Act and then put in the
section number.
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Some of the Acts available are:
Once you have selected the Act you want you then put in the section number and you
will be taken directly to that section.
Example: Find s.9 of the Fringe Benefits Tax Assessment Act 1986.
Rulings, etc. are available in addition to legislation under Quick Access. The full list is
set out above.
Once you have selected the type of document you want to see; put in the document
number and search.
Hint:
You must use all four digit year references for all 1999 and subsequent rulings,
determinations and bulletins, and for 1998 and subsequent product rulings. An example
of this would be TR 2010/3.
If you are want to find a ruling for an earlier year you should only use the last two digits
of the year – e.g. TR 97/11.
If you know the year of a ruling but you cannot remember the actual number, use “?”
after the year. For example, TR2010/?.
If you know the number but not the type of ruling then enter the number – e.g. 2010/3.
A list of all ruling types with that reference number will be presented.
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Browse
There is access to many additional materials once you click on particular links. For
example, there is a section “Extrinsic Materials” and here you can find Explanatory
Memoranda and Explanatory Statements.
If you click on Cases you will be able to access AAT, Family Court, Federal Court, and
High Court decisions.
Search Function
This function is helpful if you don’t have full details of the name of a case, or the number
of a ruling.
There are two options – quick and advanced searches. The Advanced Search option
allows you to use two search terms with words such as “and, or, not, or near”.
Your research skills you have gained in earlier units will be used in the Advanced
Search.
Under Browse you can find “other Precedential ATO View Documents. You can use
this function to restrict your search to the collection of documents which comprise the
ATO precedential view. Remember that this is the ATO’s view – it is not law but it will
give you an indication of how the ATO considers a particular area of law.
This is particularly important when you are researching a section or a document which
has changed since the year or time you are researching. For example, as the result of
an audit your client’s assessment from three years ago has been amended. You need
to go back and read the particular section but it has been amended.
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You will find this under Advanced Search – at the bottom of the page you will find the
“specific point in time” date.
Example: Find the ATO ruling at 30 June 2002 on the supply of tertiary education
courses that are GST-free.
Search Results
When you get a number of search results they will be grouped by category – i.e.
document type.
The small sign before the larger category will allow you to expand the category into sub-
categories.
When you have opened the document click on “Go to first hit” at the top of the document.
This will take you to the first occurrence of your search term. >> will move you to the
next occurrence. << will take you back to the previous occurrence.
Viewing documents
When you open the document you will be offered a number of options. At the top of the
page on the left-hand side you will find a link to any related document. These are
documents which make reference to the document being viewed. It can be helpful in
finding out if there are rulings, cases, or other document which may be relevant.
At the top of the page are icons which will allow you to download the PDF version, email
the document, or print it.
There are also two links which allow you to move forward to the next document or move
backwards to a previous document.
Example: Search 2013/7. Apply what has been set out above.
Legislation
When you look at a particular section you can also look at “View finding reference” or
“View history note”.
“View finding reference” will show you the section in previous legislation. For example,
s.8-1 ITAA 1997 is s.51(1) ITAA 1936.
“View history note” will show any amendments to that section. Once you have seen the
history you can close the note. There are links to Explanatory Memoranda and Second
Reading Speeches.
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Example: look up s.40-880. Go through the “View finding references” and “View history
notes”. Find the Explanatory Memorandum and Second Reading Speech.
When you find this document there is a link to download the PDF version.
Large rulings are split into several files. You can use “Previous Section/Next Section”
to move through the document.
Documents which have been updated will have a note at the top which will indicate that
it has changed.
There is a document history at the end of the document which will indicate which version
you are reviewing. It will also have links to the earlier versions.
There are also links in public rulings and determinations to any relevant addendum and
erratum notices.
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Other materials on the ATO website
Individuals
Business
Not-for-profit
Superannuation
Tax professionals
These contain information which is relevant to those specific taxpayers. In addition there
is considerable information on the site.
Austlii - www.austlii.edu.au
Tax treaties
Tax journals
This area shows cases and legislation for the Commonwealth and then for each state.
If you look into Commonwealth section you will find that this is further broken up into:
This contains decisions from all Commonwealth courts – e.g. the High Court, Federal
Court, and the Administrative Appeals Tribunal.
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Commonwealth Legislation
If you want to find an Act you click on Commonwealth Consolidated Acts. You can
choose the Act from the alphabetical list at the top of the page.
Libraries
The libraries are very useful and the tax library contains all relevant tax material.
Contained here are the treaties.
This is a very useful site because it contains Bills and Explanatory Memoranda. You
can also follow the progress of a Bill through Parliament. This can be very useful if you
need to check when a particular provision becomes operative (i.e. from the date of Royal
Assent).
In summary
The Internet has made searching for information much easier, but it also provides us
with numerous sources of information. It can be easy to be overwhelmed with all these
sources.
Don’t forget that you must use reliable sources and always differentiate between primary
and secondary sources of information. Always start with the legislation and then the
cases.
Hone your research and writing skills – these will make you a valuable employee.
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Henry’s Guide to the Institutional Framework of
Taxation in Australia
http://www.facebook.com/Henry.the.Curtin.Tax.Wombat
The Australian Taxation System is one of the most complex in the world and is made up
of approximately 125 taxes including taxes including Income Tax, Capital Gains Tax,
Fringe Benefits Tax and Goods and Services Tax, just to name a few. There are many
different organisations that play different roles within this system to ensure the integrity
of the tax system, including ensuring the equitable treatment of all Australians under the
tax system in Australia. It is vital that any person who is considering becoming a part of
the Australian Taxation Profession has a full and detailed knowledge of the system and
how it works. The aim of this guide is to explain the most important aspects of the
institutional framework of the Commonwealth taxation system of which you as a future
tax professional should be aware.
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Where are the powers to tax contained?
The powers under the Australian Constitution consist of –
The Australian Constitution gives the Commonwealth the power to impose taxation
under s.51(ii) and to make laws in respect to taxation.
There are some interesting constitutional issues that arise in relation to the power under
section 51(ii). For example, the issue of whether a law is discriminating between states
or showing preference to one state over another was recently litigated in the High Court
in Fortescue Metals Group v the Commonwealth [2013] HCA 34 regarding the Mining
Tax. An interesting article on this case can be found at the following link:
Thus, in relation to the power to tax in respect of income tax the foundational trail is
depicted below.
Constitution
Statutes
ITAA 1936 and ITAA 1997 (for income tax purposes) + Taxation Administration Act 1953 and the
Ratings Act.
Administration
ATO
A further constitutional restriction is that laws imposing taxation shall deal only with the
imposition of taxation and any provision therein dealing with any other matter shall be
of no effect [s.55]. Laws imposing taxation shall deal with one subject matter only: but
laws imposing duties of customs shall deal with duties of customs only, and laws
imposing duties of excise shall deal with duties of excise only. This ensures that the
Commonwealth law with respect to income tax is contained in separate Acts, the
Assessment Act dealing with the assessment and collection of tax and the Ratings Act
which imposes the tax and fixes the rate of tax. For example the Income Tax
Assessment Act 1997 contains the assessment provisions whilst the Income Tax Rates
Act 1986 contains the rates of taxation imposed by the Government on taxpayers for the
relevant financial year.
The Commonwealth shall not, by any law or regulation of trade, commerce, or revenue,
give preference to one State of any part thereof over another State or any part therefore
[s.99]. Each state must be dealt with fairly and not receive any advantage or be treated
unfairly compared to another State.
A State shall not, without the consent of the Parliament of the Commonwealth raise or
maintain any naval or military force, or impose any tax on property of any kind belonging
to the Commonwealth, nor shall the Commonwealth impose tax on property of any kind
belonging to a State [s.114]. The entity that is claiming the exemption must actually be
the State or the Commonwealth not an entity that is controlled by the State. For
example, a building society controlled by the Government has been determined not to
be the government as it was only controlled by state laws relating to building societies.
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The courts deal with cases between the States and the Commonwealth in relation to
this section and to whether the tax raised is a tax raised on property or something else.
For example, Fringe Benefits Tax (FBT) is not a tax on property but a transaction
affected by FBT which can result in FBT being charged by the State.
Prior to 1 July 2001, the Federal Government provided the States with a share of the
revenue collected from the levying of income tax. The States also raise funds from
various states taxes and duties including Land Tax, Payroll Tax and Stamp Duty.
The States and the Commonwealth entered into new arrangements regarding their
revenue sharing after the introduction of the Goods and Services Tax (GST) whereby
the GST revenue collected by the Commonwealth is channelled back to the States. In
return the States had to abolish certain state taxes and charges.
The States appealed to the High Court in order to regain their rights to levy tax by
arguing that it was unconstitutional for the Commonwealth to levy tax. It was determined
that the States do have a right to impose income tax (South Australia v Commonwealth
(1942) 65 CLR 373 and that the payment of federal taxes before state taxes is invalid
(Victoria v Commonwealth (1957) 99 CLR 575. However as the states are reliant on
Commonwealth grants and revenue as prescribed in Section 96 of the Australian
Constitution they could lose their grants if they imposed state income taxes, the States
have never attempted to levy income taxation again. Notably, the states still levy state-
based taxes such as duty (Stamp Duty), Land Tax and Payroll Tax.
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For a comprehensive summary on the History of Taxation in Australia see the below
document:
http://archive.treasury.gov.au/documents/1156/HTML/docshell.asp?URL=01_Brief_His
tory.asp
There is substantial literature on fundamental principles of tax policy that a tax or tax
system should exhibit. Traditionally these criteria have included equity, efficiency,
simplicity, certainty and neutrality. Each of these principles contains several elements
which are detailed below.
Equity involves distributing the tax burden fairly across the population. It also involves
two fundamental elements- horizontal and vertical equity. Horizontal equity refers to the
notion that taxpayers in the same position should pay the same amount of tax. Vertical
equity refers to the concept that taxpayers in different positions should pay a different
amount of tax.
Efficient taxes do not skew resource allocation decisions across the economy,
contributing to a strong, productive economy. There are two elements of efficiency.
Administrative efficiency refers to the fact that a tax should provide to the government,
the largest possible amount of money from the taxpayer that is not consumed by
administration costs.
Economic efficiency or neutrality requires that a tax is not discriminatory and ensures
that a taxpayer will not alter his situation or be influenced in his actions by any taxation
effect, unless it is an intended impact of that tax (e.g. a carbon tax is designed to impact
environmental decision making).
Certainty embodies that taxpayers should know in advance that they have a tax liability
so they can make provision for it and formulate plans subject to such provisions.
Neutrality is where the impact of taxes should not influence taxpayers’ choices by
artificially distorting or altering the costs of alternative goods, different modes of
investment or different activities. For example tax should not affect the choice of
operating through a partnership versus a company structure.
The basic principles of equity, efficiency, certainty, simplicity and neutrality are
considered to provide reliable and basic signposts for improving tax administration.
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For a good summary of these principles, see:
OECD (2014), Addressing the Tax Challenges of the Digital Economy, OECD/G20
Base Erosion and Profit Shifting Project, OECD Publishing, page 30 ff.
http://dx.doi.org/10.1787/9789264218789-en
You will see the effects these reviews have had on the Australian Taxation System as
you work your way through your taxation studies.
The revenue from taxation is an important source of income for the Australian
Government and the revenue that is collected is used by the Government to fund
expenditure in areas such as health, social welfare and education and other community
projects.
The details of revenue and expenditure are contained in the Federal Government’s
Budget. The Federal Budget is handed down by the Treasurer in May of each year.
The Budget contains the Government’s annual financial report and policy statement to
the Parliament and the nature. Once the budget is handed down all the papers
associated with the budget are available for viewing by the general public
(www.budget.gov.au).
The charts have been extracted from the 2017/18 Federal Budget Papers and detail the
revenue and expenditure for that period.
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Revenue 2019-2020
Expenditure 2019-2020
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The Lifecycle of Taxation
Policy
Review Drafting
Governance Administration
It is important for all taxation students to understand the lifecycle of tax and to have a
detailed understanding of the organisations involved at each stage. You will now be
introduced to the following organisations which are categorised into the following groups
as per the above diagram.
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Policy
Parliament
Parliament House is the home of Australian democracy, it is where laws are made and
as mentioned, under Australia’s Constitution the Federal Parliament can make laws on
various matters including taxation. A new Commonwealth law can only be made, or an
existing law changed or removed by or under the authority of the federal Parliament by
or in accordance with an Act of Parliament.
The original ideas for government legislation come from various sources. They may
result from the policies of the governing political party, election promises, suggestions
by Members of the House of Representatives and Senators or from interest groups in
the community.
A proposal is considered by Cabinet or the Prime Minister and if agreed to the Minister
responsible has the relevant department arrange the preparation of a bill. The Minister
responsible for taxation is the Treasurer who is supported by the Assistant Treasurer
and policy advisors who are experts in the field of taxation and economics.
A bill is a formal document prepared in the form of a draft Act, which acts as a proposal
for new laws or changes to an existing law. A bill becomes an Act (law) only after it has
been passed in identical form by both Houses of Parliament and has been assented to
by the Governor-General.
The House of Representatives - known as the lower house and where members
are elected by the public, the party with the most elected members has the right
to form the Government.
The Senate - known as the upper house is made up of Senators elected by the
public
Bills are drafted by the Office of Parliamentary Counsel (OPC) in accordance with
detailed instructions issued by departments. The role of the OPC will be discussed in
detail later in this chapter.
Taxation bills impose a tax a recent example of this is the former Carbon Tax which was
contained in the Clean Energy Act 2011. You can see below the necessary legislation
and supporting materials required to introduce the new tax. From this example, you
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may also start to develop an understanding of just how complex Australia’s taxation
system is. The Carbon Tax legislative package originally consisted of 18 pieces of
legislation as follows:
To subsequently repeal the carbon tax, the Government another suite of Bills to remove
the carbon tax which highlights the complexity also involved in repealing unwanted tax
legislation.
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Bills dealing with taxation are bills that deal with the administrative procedures for
assessing and collecting tax.
You can view the following websites to gain further information on Parliament and
proposed legislation:
www.aph.gov.au
www.aph.gov.au/bills
Treasury
The Commonwealth Treasury is a central policy agency which is expected to anticipate
and analyse policy issues with a whole-of-economy perspective, understand the
circumstances of government and all affected parties and stakeholders circumstances
and respond to changing events and directions.
The Commonwealth Treasury also plays an integral part in the formulation of taxation
legislation in Australia.
Treasury undertakes this role with the assistance of the Australian Taxation Office (ATO)
and other private sector experts. Notably, before 2002, the ATO was responsible for
developing taxation legislation and instructing Parliamentary Drafters. This function was
transferred to Treasury in 2002.
The Treasury reports directly to the Federal Treasurer and the Assistant Treasurer in
the areas of taxation and budgetary matters. The Revenue Group under the control of
the Executive Director is responsible for the area of taxation and is made up of the
following divisions –
Fiscal, Macroeconomic, Revenue and Markets with support coming from the Corporate
Services Group. These groups were established to meet four policy outcomes:
The Treasury monitors and assesses economic conditions and prospects, both in
Australia and overseas, and provides advice on the formulation and implementation of
effective macroeconomic policy, including monetary and fiscal policy, and labour market
issues.
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Another random document with
no related content on Scribd:
Gazette, Edinburgh, newspaper commenced by Captain Donaldson,
212;
recommenced, 324.
Ged, William, invents stereotyping, 555;
his son James joins the rebellion, 557.
Gentleman, John Purdie pleads that he is not a, 352.
Gibson of Durie and his colliers, 249.
—— of Linkwood, imprisoned in Elgin tolbooth, and burns it, 239.
Gilmerton, subterranean house at, 502.
Gipsies of the province of Moray, 233.
Girded Tails, 448.
Glasgow, cruelty at to Quakers, 57;
rise of commercial wealth in, 125;
trades with colonies, 431;
deterioration of morals at, 486;
mercantile losses at, 337, 487, 565;
bankrupt pilloried, 487;
malt-tax riot at, 508;
making great advances, 515;
a mad merry-making at, 543;
afflicted with bugs, 542.
Glass for mirrors, art of polishing, by Leblanc, a French refugee, 154.
Glass-work at Leith, 23;
at Glasgow, 128;
at Aitchison’s Haven, 154;
of Lord Elcho, 155;
complaint about English bottles imported, 229.
Glenbucket, Gordon of, attempt to assassinate him, 488.
Glenbucket, Lady, dispute between her and her eldest son, 159.
Glencoe, massacre at, 2, 62;
French version of, 64.
Glenorchy, Episcopal minister of kept in at the Revolution, 7.
Gordon, Duchess of (Elizabeth Howard), meeting of Catholic
worshippers at her house in the Canongate, 466.
Gordon, Duchess of (Elizabeth Mordaunt), introduces agricultural
improvements, 419;
pensioned for Protestantising her husband’s family, 554.
Gordon, Duke of, holds out Edinburgh Castle for King James, 1;
has a meeting of Catholic worshippers in his house in Edinburgh,
204.
Gordon, second Duke of, his death, and its political importance,
554.
Gordon, Mr, his powers of clairvoyance, 490.
Gordon of Ellon’s two sons murdered, 422.
Gordon of Glenbucket, his attempted assassination, 488.
Gordons of Cardiness and M‘Cullochs of Myreton, 174.
Gordons of Gicht, 304.
Gow, the pirate, affair of at Orkney, 505.
Graham of Gartmore, his account of state of the Highlands, 615.
Grain, export and import acts, 137;
Kerr of Chatto’s appeal for custom on grain brought to Kelso, 138;
importation permitted (1697), 182;
forbidden to be exported (1699), 221.
Grange, Lord, visits a religious visionary, 430;
his troublesome wife, 578;
opposes abolition of the witchcraft laws in parliament, 579.
Grant of Monymusk’s improvements of land, 418.
Green, Captain, and his companions, unjustly tried and executed,
316.
Greenshields, Rev. James, Episcopal minister, persecutions of, 350.
Gregory, Professor, his machine for raising water, 237.
Grierson, Sir Robert, of Lagg, imprisoned as a ‘suspect person,’ 11,
68;
accused of ‘clipping and coining,’ 145.
Gunpowder, explosion at Leith, 264.