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Taxation Law: The Case Of Brent V FCT (1971)

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Taxation Law
Task 1
Section 6-5 of the tax law says that a person assessable income includes all their ordinary income derived during the year. To be said from the view of tax law (s. 6-5 of the ITAA), it hasn’t specified any definitions about Ordinary Income (OI). Section 6-10 then says that a person assessable income also includes other amount that are not ordinary income but which are included in your assessable income by provisions in tax law about assessable income, or the amounts that a person receives as a reward for performing, amounts that a person receives which are a return on the person’s investment, amounts that a person receives which are profits from carrying on a business. …show more content…

Brent was arrested in Melbourne where she had been living with Biggs following his escape from a UK goal. After her arrest Brent was approach by a number of newspapers with offer to publish her life story, and she eventually signed as agreement with The Daily Telegraph. The agreement the UK newspaper exclusive right to publication of Brent’s story. It required her to be available for interview by newspaper staff who would then write her story for publication. The taxpayer claimed the payments were not ordinary income but that she was being paid for giving up the capital rights to her story as she signed over the exclusive rights to the newspaper.
The high court held that the Brent’s earning from this agreement were ordinary income . Brent was essentially paid for his services of telling her story and she didn’t give up or dispose of any property. Brent story was about her life and she didn’t write the story nor did she possess any copyright that she could assign to the Daily Telegraph. Consequently, the court held that nothing of a capital nature was given up and therefore the payments were for the service of telling her …show more content…

.As per the definition given by Australian Tax Office (ATO) (2015), assessable income is that income which can be taxed, providing us earn high to exceed the tax-free limit. Example of the assessable income are- salary and wages, income from bank accounts, pensions, rent, dividend and other income from investments, bonuses and overtime an employee receives, commission income , etc.
People lend money to friends or relatives without any legal agreements create direct impact in assessable income of lender. Lending money to children by parents is normal activity where people borrow money or land from their family, relatives and friends with intension to make some money out of interest or vice

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