Income Tax Law Assignment Question- University of Australia
Part A Required:
Jane has advised you that her employer Old Health has discussed an opportunity with her where she could work in its Paediatric hospital in New Zealand for two years, commencing on 1 July 2019. Although Jane is interested in this opportunity to live and work overseas, she is concerned about the Australian Taxation Office (ATO) forming the view that she would retain her Australian residency during this time. Besides, as previously mentioned Jane is a ballet enthusiast and her employer has agreed to her taking annual leave from 1 November and 31 December 2020 to return to Australia and attend the various ballet performances in Australia over the Christmas season. Jane anticipates that she will spend the rest of her time catching up with family, friends, and work colleagues while traveling throughout the east coast of Australia for the ballet performances. Jane is confident that you will be able to provide her with some clear advice on this issue. She has indicated that she would only be interested in working in New Zealand if the ATO considered her to be a non-resident during the two years she would be absent from Australia. You are required to write a letter to Jane outlining the law on this residency issue and how the law would apply to her under the scenario in contemplation (the potential move from Australia to New Zealand for work for the period 1/7/2019 to 30/6/2021). Your letter to Jane should refer to relevant sources of law (and any relevant ATO advice). Your letter should also refer to the implications of being a resident or a non-resident during the two years. Jane has some doubts about the implications of the visit to Australia in November and December 2020 in terms of residency. She has asked you for advice on this specific issue and stated that she may consider staying in New Zealand if the trip to Australia is likely to increase the chances of her being an Australian resident. As well as providing advice, your letter should set out any additional questions for Jane that are relevant to the residency issue. Finally, your letter should refer to the steps you will take to ensure certainty for Jane as to the ATO view on the residency issue.
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