TAXATION LAW IN AUSTRALIA
APPENDIX C
Final Exam Attack Sheet
Use this as a final issue-spotting sequence. It is not a substitute for the chapter rules.
1. Taxpayer + yearIdentify entity, residency status and relevant income year.
2. ReceiptsFor each receipt: ordinary income? statutory income? exempt/NANE? capital?
3. JurisdictionResidency, source and derivation/timing.
4. Deductionss 8-1 positive limb; then capital/private/exempt/denial limbs; then specific deduction provisions.
5. CGTEvent → asset → time → proceeds → cost base → gain/loss → current losses → prior losses → discount/concessions → net capital gain.
6. Capital allowancesDiv 40 / Div 43 / repairs / borrowing costs / other specific provisions.
7. IntegritySpecific anti-avoidance rule first; then Part IVA scheme → tax benefit → alternative postulate → dominant purpose → s 177F determination.
8. AdministrationReturn → assessment → amendment → penalty/interest → objection → review/appeal → ruling/reliance.
IRAC writing formula
ISSUE — write the precise tax question.
RULE — statute first, broken into elements; then cases/ATO authorities explaining each element.
APPLICATION — apply each element to the facts and show calculations.
CONCLUSION — state the tax character, amount and any administrative consequence.
RULE — statute first, broken into elements; then cases/ATO authorities explaining each element.
APPLICATION — apply each element to the facts and show calculations.
CONCLUSION — state the tax character, amount and any administrative consequence.