BLO2206 Taxation Law And Practice -Peter Case Study Assessment

INSTUCTIONS

Peter was the bass guitarist in a band formed and playing in Australia, Mr Curly’s Ducks.  The band had moderate success in Australia, but had much better success in England.  Two of the band members had immigrated from England but had taken out citizenship in Australia.  Peter and the other band member were both born and raised in Australia to Australian parents.  Because of their success in Britain the band decided to move to Britain until they had achieved a wider success, when they would return to Australia.

The band had a final live performance in Melbourne on 10 January 2016 and left for Britain on the 15th January.  Peter owned a house in Brighton, which he leased out before leaving.  To help pay for the early expenses and airfare to Britain he sold his car for $60,000, which he had acquired for $95,000 in 2010.  He also sold some shares he owned.  He bought the shares for $5,000 in 2011 and sold them for $11,000.  The band won the ARIA award (awards given by the Australian music industry) for best album in November 2015.  Each band member received $20,000 as part of the award.  For album sales and live performances each band member had received $140,000 from July 2015 to the time they left for Britain.

The band arrived in London on 20th January 2016.  The band took a 12 month lease on a large house on the outskirts of London from which they would live and work.  They had organised a live performance at the Wembley Arena for 27 February.  The concert was a sell-out.  Each band member received the equivalent of $150,000 for the concert.

In September 2016 the band released a new album, “ A Curly Experience”, which was recorded at Abbey Road, London.  This album sold well in Britain, parts of Europe and moderately in America as well as in Australia.  Each band member received royalties for the sales in Britain, Europe and America the equivalent of $250,000 to the period 30 June 2017.   Royalties for each band member in Australia for the same period was $30,000.  The band won the ARIA award for best single in December 2016 and each band member received $10,000.

The band decided to return to Australia in August 2017 and arrived back in Australia in October.  Peter had to rent a flat as his own home in Brighton was leased until the end of 2018.  The band continued to receive royalties from overseas sales of their newest album.  Each band member received $15,000 from these royalties.  $11,000 of this amount was generated up until the time the band arrived back in Australia.  In November 2017 the band also won the best Album of the year from the British Music Association for their latest album.  Each band member received the equivalent of $16,000.

QUESTION

Advice Peter of the amounts that will be assessable in Australia for the years identified in the facts.

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