Get help with T 1 2023 LSSU 592 Assignment

T 1 2023 LSSU 592 Assignment

For the due date and submission date see Moodle

Word Limit: 2500 words

Question

Joanne purchased a home in 2000 for $150,000. Joanne lived in the home, except for the following periods: 3 years from 2002-2005 and for 4 years from 2009-2013 when she was required to work in London. While in London she lived with her sister. Joanne did not rent her home while she was away. She did rent it out for 2 years from 2014 -2015 while she travelled the world.

In 2006, Joanne purchased a painting for $11,000 and a 1930 Penny coin for $5000. The painting was held in the business premises of her father. In October 2022 Joanne became ill and needed money for medical expenses so she sold the painting for $3000. She was told to hold on to her coin as it was rapidly increasing in value. In January 2023, Joanne sold her home in the city for $400,000 and then purchased another home in the country for $200,000.  Joanne passed away in February 2023 leaving all of her estates to her brother Ryan.

Advise the executor of Joanne’s estate of the CGT consequences in relation to the sale of Joanne’s assets (painting and the city home) and the bequest of the remaining assets to Ryan.

Research is needed. A mere reference to the textbook or the ATO website is not enough. Reference to legal authority, being legislation and/or cases and/or ATO rulings is required in your response.

Assignment submission

Must Complete: Yes

Notes: Topic: Capital Gains Tax

Due date and submission time: Sunday 23 April at 23:59 (11:59 pm) AEST

Weight: 20 %

Word Length:    LAW352 & LSSU392 – 2000 words    LSSU592 – 2500 WordsAligns to Learning Outcomes: 1-4

Please view the Essential Guide for Studying Law, for the word limit policy.  The word count must be stated on the front cover of the assignment.

Question: The Question will test your learning of GST. The question will be uploaded to Moodle early in the trimester.

Assignment Style: Please refer to the style checklist in the Essential Guide for Studying Law for details on how the assignment should be formatted.

Referencing style that the assessment must comply with: Australian Guide to Legal Citation.

Expected feedback available:  Ordinarily within 30 days of submission and available in Moodle.

A Guide to Answering Legal Problems

There are four basic steps to answering a fact-based legal problem (known as the IRAC method). They are:

1. Identify the issues. Identify the matters that you are going to have to deal with in answering the problem.
2. Refer to the legal principles that are relevant to the issues you have identified together with appropriate legislation and/or case law. A short statement of the law is relevant here.
3. Apply the legal principles to the issues. Consider how the facts that you have referred to, when identifying the issues, are affected by the relevant law.
4. Conclude. This requires you to take a stand on the outcome.

The ultimate aim of your answer is to be persuasive. Demonstrate your knowledge of the law and how it applies to the given facts, through clear and logical arguments.  There may not always be a definitive answer. You should be trying to convince the reader of your conclusions.

How you set out your answers is up to you. Ask yourself if your answers are clear and precise. Use headings to guide the reader where appropriate. Do not merely regurgitate information from primary and secondary sources.

Marking Criteria for the Assignment

There is no specific allocation of marks to individual criteria. The mark awarded reflects the overall quality of the written assignment taking into account all criteria.

Content demonstrates

• Identification of issues
• Knowledge of the relevant legislation and relevant case law.
• Application of the relevant legislation and case law to the facts of the question.

Structure demonstrates

• Clearly laid out actions with logical progression through the various elements
• Careful organisation (e.g. use of headings)

Expression, style and presentation demonstrate

• Recognition of the nature of the audience
• Recognition of the purpose of assessment i.e. to assess your ability to analyse and apply the relevant law to a given set of facts
• Written in plain English, in a style which is clear, fluent and concise.
• Careful proofreading

Citation

• Accurate Citation of sources, compliant with the AGLC.

Word Length

• Within the stated word length 

Assessment criteria: 

The criteria provided for the Assignment will be used to assess responses to the exam questions.

General expected feedback available:  Posted after the exam on the Moodle site.

Referencing style that the assessment must comply with: Australian Guide to Legal Citation.

The AGLC will not be strictly applied.   However, all references need to include identifying information e.g., the name of the case; and the author and name of an article referred to.   Please note, that if you include a direct quote from a book, journal article etc., then the full citation must be included.