科技進(jìn)步策略(文件)
【正文】 owship’ after practice or petition matches a refrigerator was bought and the club sold drinks and snack foods to members and guests. As quoits gained in popularity, membership increased, the club purchased new premises, installed a bar and (later) a restaurant – again for members and guests. The restaurant was also rented out for weddings and other functions. With its increased size the club also installed poker machines and added 10 motel units. The club now has a membership in the thousands and regularly serves a diverse range of visitors from all over Australia. What is its tax position? Should Be Received by the Taxpayer as Ine Two points: 1. The receipt must be an “ine receipt” in the hands of the taxpayer。 2. Compensation payments take the character of the receipt they replace (see FCT v Meeks). 3. Div 20A specifically makes certain “recoupments” assessable (ie as statutory ine). Question: Are the following receipts by an Australian resident taxpayer part of his or her assessable ine? a. lump sum damages for personal injuries suffered in a motor vehicle accident。 e. $1 million prize in Gold Lotto. Question: What recoupments are made assessable under: a. s 2030(1)。 d. Under s2652 and 2653 – Bribes. 。 b. Under s 2654 and s 11038 – illegal activity outgoings。 c. an honorarium received by the secretary of a club。 ? Regularity。 8. Payment by a third party does not prevent the payment being ine. Mutual Payments The Underlying Principle: A taxpayer cannot derive taxable ine from payments to himself/herself. It applies particularly to ine received by clubs and societies from dealing with their members. If there is “plete identity” between those who contribute and those who benefit (taken as a class) the receipts are not ine. Ine from business activities aimed at producing a profit (as opposed to a ?surplus?) and from nonmembers is taxable. Ine of Clubs 1. Is the receipt exempt ine? 2. If not, the Mutuality Principle produces three (3) possibilities: a. the receipt is wholly exempt because it es from members。 4. If the taxpayer relies
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