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Problem Solving in Letter of Advice Format
LAWS 4008 - Revenue Law
3 Found helpful • 8 Pages • Essays / Projects • Year: Pre-2021
Background facts: Mr Marcel Maccanes is a senior human resources manager in a large law firm. Marcel was found by his employer on 1 May 2012 to be in serious breach of their anti-discrimination policy by advising applicants for cadetship positions that they had a better chance of being hired if they sent Mr Maccanes an attractive “selfie” photograph. On the basis of this Mr Maccanes was denied his performance bonus of 15% of his base salary which is $185,000 per annum. Mr Maccanes vigorously denied he had suggested this and sought independent arbitration. The independent arbitrator held that Mr Maccanes had made inappropriate jokes to cadet applicants about “selfies” and that the proper remedy should be counselling and employment in a different part of the law firm away from recruitment. On the basis of this finding Mr Maccanes asked for reconsideration of his bonus, threatening legal action if it was not paid out. The firm refused to make any such payment and independent legal advice was sought by Mr Maccanes and the law firm. On the fifth day of negotiations, on Friday 29 June 2012, Mr Maccanes agreed to and signed a statement that he would not take further legal action against the law firm. The following Monday a cheque made out to Mr Maccanes of $30,000 from the law firm was issued and given to him. Marcel deposited it in his usual bank account on the 5 July. Nothing further was said about the matter at the law firm. In lodging his tax return for the 2011/12 tax year Mr Maccanes included his salary and expenses but did not include any of the $30,000. On the basis of supplied information the ATO issued a Notice of Assessment on 15 August 2012 for a refund of $400. However on 1 July 2013 the ATO issues an Amended Notice of Assessment including in his income the $30,000, creating a tax liability, interest and penalties. Marcel, panicked and paid it all immediately. Marcel has come to you on the 6 September 2013 for advice. Required:Advise Marcel if he is able to challenge the Amended Notice of Assessment. Your advice must include a discussion of the income tax issue/s as well as the tax administration issue/s.
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