Your income tax is based on your taxable income, so how do you calculate your taxable income?
Taxable income is assessable income less allowable deductions
Assessable income consists of ordinary income and statutory income
Ordinary income is income according to ordinary concepts
Statutory income is anything the Assessment Act calls income
Section 4-10 tells you how to work out your tax payable.
You apply the rate of tax, which applies to your taxable income and then you take away the offsets, which you can claim. Let's use the language of section 4-10
Method statement
Step 1. Work out your taxable income for the income year.
To do this, see section
4-15.
Step 2. Work out your basic income tax liability on your taxable income using:
(a) the income tax rate or rates that apply to you for the income year; and
(b) any special provisions that apply to working out that liability.
See the Income Tax Rates Act 1986.
Step 3. Work out your tax offsets for the income year. A tax offset reduces the amount of income tax you have to pay.
For the list of tax offsets, see section 13-1.
Step 4. Subtract your *tax offsets from your basic income tax liability. The result is how much income tax you owe for the *financial year. (If your total tax offsets exceed your basic income tax liability, you are not entitled to a refund, or to offset the excess against any other liability.)
Did you notice the bit about working out your taxable income? Just to remind you it referred you to section 4_15…
Step 1. Work out your taxable income for the income year.
To do this, see section
4-15.4-15 How to work out your taxable income
(1) Work out your taxable income for the income year like this:
Method statement
Step 1. Add up all your assessable income for the income year.
To find out about your assessable income, see Division 6.
Step 2. Add up your deductions for the income year.
To find out what you can deduct, see Division 8.
Step 3. Subtract your deductions from your assessable income (unless they exceed it). The result is your taxable income. (If the deductions equal or exceed the assessable income, you don’t have a taxable income.)
So the trick is to get the assessable income and then take away the deductions.
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Answer this question….
Income tax is calculated by applying the tax rate to assessable income
Yes No
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Income tax is calculated by applying the tax rate to taxable, not assessable income
So what is assessable income?
The answer to that question can be found in section 6-1
(1) Assessable income consists of *ordinary income and *statutory income.
(2) Some *ordinary income, and some *statutory income, is *exempt income.
(3) *Exempt income is not assessable income.
(4) Some *ordinary income, and some *statutory income, is neither assessable income nor *exempt income.
So if you know what makes up…
ordinary income
statutory income
You know what assessable income is.
You will find the answer to that question in section 6-5
6-5 Income according to ordinary concepts (ordinary income)
So far, so good! Ordinary income is anything that the man in the street would consider to be income
Note: Some of the provisions about assessable income listed in section 10-5 may affect the treatment of ordinary income.
What if the income was derived outside Australia?
It all depends upon whether you are a resident!
If you are a resident of Australia,
you include income from all sources,
in or out of Australia
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Answer this question….
A resident includes ordinary income only from sources in Australia in his assessable income
Yes No
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(3) If you are not an Australian resident, your assessable income includes:
(a) the *ordinary income you *derived directly or indirectly from all *Australian sources during the income year; and
(b) other *ordinary income that a provision includes in your assessable income for the income year on some basis other than having an *Australian source.
If you are NOT a resident of Australia,
you include only income from sources in Australia unless some provision of the tax law requires you to include non Australian income
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Answer this question….
The assessable income of a non-resident includes ordinary income from sources in and out of Australia.
Yes No
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(4) In working out whether you have derived an amount of *ordinary income, and (if so) when you derived it, you are taken to have received the amount as soon as it is applied or dealt with in any way on your behalf or as you direct.
(5) If you are not an Australian resident, your assessable income includes:
(a) your *statutory income from all *Australian sources; and
(b) other *statutory income that a provision includes in your assessable income on some basis other than having an *Australian source.
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