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JAT Volume 23 Issue 1 Article 4 – BELLE ISLE AND FREUDENBERG

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AN EVALUATION OF THE PROPOSED CHANGES TO THE INDIVIDUAL TAX RESIDENCY RULES

MELISSA BELLE ISLE AND BRETT FREUDENBERG

Abstract

Little is known about the knowledge (literacy) of small business owners (SBO). This is of
concern as the capabilities of SBOs may be central to the success of their business. For
example, such literacies might influence the SBO’s ability to manage cashflow, know their
obligations under the tax system and how to interpret the financial position of the business.
This article reports a survey of small businesses in the service sector in terms of their literacy
for financial statements, computer accounting software and business tax, and if there is any
relationship between them. Results demonstrates that there is a linear relationship between
them and that certain demographics are likely to have lower overall literacy.

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JAT Volume 23 Issue 1 Article 3 – NG

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AN EVALUATION OF THE PROPOSED CHANGES TO THE INDIVIDUAL TAX RESIDENCY RULES

ELIZABETH NG

Abstract

In the 2021-22 Federal Budget, the Government announced that the current individual tax residency rules will be replaced with new tests, which will be based on recommendations made by the Board of Taxation. The current residency rules are difficult to apply in practice. This is evidenced by the large number of cases and private binding rulings from 2016 to 2021 on the issue of residency, which indicate that taxpayers are seeking guidance from the Australian Taxation Office before turning to the courts to determine their residency status. The paper evaluates the extent to which the proposed residency tests are able to meet the policy objectives of equity, efficiency, and simplicity. The paper concludes that the proposed residency tests will meet the policy objectives to a large extent, and that the tests are a step in the right direction.

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JAT Volume 23 Issue 1 Article 2 – MOHAN

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Fairness in the Indian Tax System

S. A. MOHAN

Abstract

Fairness is the sine qua non of any administrative or judicial process. Interviews of retired tax officials, tax practitioners, and retired tax adjudicators reveal that fairness is not guaranteed to taxpayers in India during tax assessment and tax adjudication at the first level of appeal. Instead, there appear to be challenges to substantive justice in both cases and to procedural justice in the context of tax assessments. Case law substantiates the existence of unfairness in tax assessments, with judges in some cases making critical remarks about the unfair behaviour of tax officials. But reforms to address such unfairness are long overdue.

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