Australian Taxation Legislation Commentary -Myassignmenthelp.Com

Question: Discuss About The Australian Taxation Legislation Commentary? Answer: Introducation The present case is concerned with the determination of whether the unexpected or voluntary payments constitute ordinary income as the benefit in the form of incident of employment. As the general rule stated in the case of FCT v Dixon (1952) it is stated that the unanticipated and voluntary payment is classified as the ordinary income depending upon the nature of the payment (Robin 2017). An assertion can be bought forward by stating that whether the benefit received constituted remuneration or the return for the service to the taxpayer. If it so then the reward will be considered as the emolument from the employment. Application: According the evidence in the case of Laidler v Perry (1965) a Christmas bonus was paid to the every current and past employees as the voucher which could be redeemed for goods (Tran-Nam and Walpole 2016). The vouchers were paid in respect to the taxpayers employment to enable employees to go on working. As per the decision of the court of law it was held that the voucher would be regarded as the income since it originated from the employment even though the same originated from the voluntary payment. Similarly, the court of law stated that the unanticipated payment is considered as the ordinary income depending upon the nature of the payment. Conclusion: Conclusively, it can be stated that the voucher would be regarded as income under the ordinary concept and would be considered for assessment. Reference list: Barkoczy, S., 2017. Core Tax Legislation and Study Guide.OUP Catalogue. Woellner, R.H., Barkoczy, S., Murphy, S., Evans, C. and Pinto, D., 2016.Australian Taxation Law Select: Legislation and Commentary 2016. Oxford University Press. ROBIN, H., 2017.AUSTRALIAN TAXATION LAW 2017. OXFORD University Press. Tran-Nam, B. and Walpole, M., 2016. Tax disputes, litigation costs and access to tax justice.eJournal of Tax Research,14(2), p.319.