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Memorandum Of Advise

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QUESTION 1

1) Memorandum of Advise

Notice

It can be refereed as a piece of information which is to be served by a official authority to a person regarding any particular information. Notice is a kinds of Assignment Help legal concept which in some perception aware the other person regarding their rights and obligations(Horspool, and Humphreys, 2012). There are several kinds of notices

to be formed, depending upon the condition and situation of the party to be served for an example Public notice is form of information which is being announced at large number of people to aware of the situation, in the same manner there are actual notice, constructive notice, implied notice. When a notice is being served in a company, there is a particular procedure to be followed which is known as service of process. In this process a party to the lawsuits are served by proper legal actions to be denoted in a notice. There are several kinds of methods by which a notice cab be served like:-

Serving in Person-  when the notice is being served directly to the person that is when piece of information is handed over in hand to a person.

Serving by post-  there several of ways in which notice can be served as a post. A legal authority can serve notice mailing to the concerned person or it can be simply served by normal post.

substitution Service- when the person is not available for receiving notice, then with the application of substitution service allowed by jurisdiction of a particular law court.

It is very important to serve legal notice because it can be referred as the piece of information which is related to the rights and duties of the party. Serving notice is called legal command by a person hence it legality cannot be challenged. But basic thing must be there in a notice for an example, notice shall be served in given period of time that is prior 1 month to any act. Any notice which is being served after date shall nto be entitled as legal(Craig, and De Búrca, 2011). For an example it has been seen in the present case that a notice of amendment tax is served to Bronwyn. Such notice shall be considered as legally valid as the paper is being discharged by Australian Taxation Office which is established legal authority which will take care of tax related deduction all over Australia. The notice is being served to the right person within the time period hence it can be said that notice was legally valid. Another part which make a notice legally valid that it has mentioned relevant information that was regarding deduction of taxable amount form the income of Bronwyn.

There fore it can also be noted that prior notice to any event is very much necessary because when a notice is being served it is refer as a piece of information on which furtherlegal actions will be taken by either of the party(Cane, and Atiyah, 2013).

Hence it can be said that the notice served to Bronwyn is legally valid because it has fulfilled all the conditions.

List of Objection made by Client

  1. Deduction made on meditation business:

No deduction will be paid on Tax by Taxpayer as opening a business which allow sharing of knowledge and skill is not entitled for any kind of deduction.

In the Objection:

It has been argued that an amount id deducted on tax which is considered as wrong in accordance to section 98 of Tax rulling. It is very clear from the fact that a small meditation business has been opened by Client which is likely to spread knowledge and skills for meditation(Hopkins, 2011). No higher fee is being charged by client for such activity. Taxpayer has also made expenditure uniforms and music of around $190 and $240 respectively.

In Memo:

Client should explain the purpose of meditation business, that is to spread knowledge and skills regarding same.

  1. Rental income will be included in total income:

No rent has been received on the end of taxpayer by the means of rent hence no deduction can be raised by Australian Taxation Authority.

In the Objection:

It has been argued that a deduction is being marked by Australian Taxation Authority with regard to rent. But taxpayer had Evicted tenant and no income was generated. Tax payment is only entitled when there is a revenue generation from rent or tenant.

In Memo:

Should note the Objection as there was no revenue generation.

III. Hotel Cost generated in Hong Kong

A deduction is being done on the trip which was made by Taxpayer in HonKong for Professional development

In the Objection:

It was argued that all the expense which has been done during the trip of Hong Kong are inclusive which was related to fooding and accommodation. The client is not entitled for the payment of tax for 3 days extra which she stayed as the decision was made to travel japan at her own expense and she has already paid for it. Choice of hotel was professional and therefore no deduction of tax will be allowed on the expense made on Hong Kong Trip(Faulkender, and Petersen, 2012).

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In Memo:

Client must explain the purpose of visit to Hong Kong and must refer to the expense which was made on Professional conduct. It must be clarified on the end of taxpayer that visit and choice of Hotel was based on Professional basis and inclusive tax has been paid.

  1. Expenses to repair were capital in nature.

Amount of tax has been deducted on the repair, which was constructed by taxpayer in apartment that became capital in nature.

In the Objection:

It has been argued by the Taxpayer that an amount of repair has been deducted by the Tax department because a repair work was carried out in same. According to law any work which is entitled as repair expenses are counted in capital in nature by which tax will not be allowed on same. Hence, taxpayer is not entitled for any tax payment or for any kind of further deduction(Lanis, nd Richardson, 2012).

In Memo:

The information in objection should be noted as capital generation in income from rent cannot be deducted.

List of Objection not made on the behalf of client.

  1. Expenditure on magazine

client cannot raise any kind of objection on the non deduction done on magazine. Expense on such extra affairs like newspapers, magazine or books are considered to be a personal matter and already no deduction is being made on such expense by Australian Taxation Authority(Sumner, Bird, nd Dobos, 2011). In this case it has been seen that Bronwyn has made some expenses on magazine and such expense are not dedutable in which the authority has already done hence, client shall not possess any right to raise objection against it.

  1. Expenditure in terms of Professional Development

objection will be raised on the deduction made on expenditure of professional development session in japan as the client was on professional conduct so he entitled to pay expense as Hotel and tax are included in that. Every person is entitled to pay service tax and so as client as he has attained traveling service by boarding cheapest flight and he is entitled to pay service tax on that(Harrington, 2010). It was appeared from the case that Client had stayed in japan for 5 days from which stay of 3 days was personal therefore tax deduction or the service tax shall be of 2 days and from the flight boarded by client. Hence no objection will be raised on the part of client in the deduction of service tax applied on flight and Hotel.

  • Rent On Studio is unobjectionable

It has been seen in this case that an amount of tax is entitled for deduction as according to taxation law, any property in possession or in ownership, is entitled for taxation. In this case a studio was rented up to 240 Dollar as Bronwyn was not in country and studio was not in use so only small amount of tax will be deducted. Therefore, client cannot raise any kind of objection on deduction made on rented property in Tax(Graham, Raedy,Shackelford, 2012).

  1. Accident Insurance Cost not Objectionable.

According to taxation policy, no person can made a claim or objection against any kind of deduction on premium or on a part of premium. Deduction on life insurance, Trauma insurance Premiums etc(Young, and Varner, 2011). In this case nature of insurance was personal in nature which is why deduction were not made but if the nature was not personal then client is not entitled for any kind of claim in deduction if the policy is made regarding compensation of personal injury or if the insurance premiums are deductible.

  1. Deduction on salary not Objectionable

It has been seen in this case that tax deduction is being done from salary of client. No objection will be raised on same as Bronwyn is a Australian Resident. She was present in Australia for more then Half income year and working as Australian government Employees overseas which are also treated as Australian resident hence the client is entitled for tax deduction and no objection will be raised(Tax Law, 2016)

References

  • Cane, P. and Atiyah, P.S., 2013. Atiyah's accidents, compensation and the law. Cambridge University Press.
  • Craig, P. and De Búrca, G., 2011. EU law: text, cases, and materials. Oxford University Press.
  • Daly, M. and Scheiwe, K., 2010. Individualisation and personal obligations–social policy, family policy, and law reform in Germany and the UK. International Journal of Law, Policy and the Family. 24(2). pp.177-197.
  • Faulkender, M. and Petersen, M., 2012. Investment and capital constraints: repatriations under the American Jobs Creation Act. Review of Financial Studies. 25(11). pp.3351-3388.
  • Graham, J.R., Raedy, J.S. and Shackelford, D.A., 2012. Research in accounting for income taxes. Journal of Accounting and Economics. 53(1). pp.412-434.
  • Harrington, S.E., 2010. US Health‐care Reform: The Patient Protection and Affordable Care Act. Journal of Risk and Insurance. 77(3). pp.703-708.
  • Hopkins, B.R., 2011. The law of tax-exempt organizations (Vol. 5). John Wiley & Sons.
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