The Land Registration Act 2002 and its Impact on Interests in Land - Free Essay Example

Sample details Pages: 11 Words: 3210 Downloads: 3 Date added: 2017/06/26 Category Law Essay Type Analytical essay Level High school Did you like this example? A registration scheme far more comprehensive than land charges is found today in the Land Registration Act 2002. The principle significance of this is that the register tells the purchaser who owns the legal estate. The system moreover is not limited to legal estates. Don’t waste time! Our writers will create an original "The Land Registration Act 2002 and its Impact on Interests in Land" essay for you Create order Subject to some exceptions (overriding interest), all legal and equitable interest must be entered on the register if they are to bind a purchaser.[1] The first thing to ascertain when dealing with any piece of land is which system of conveyancing is to be applied. And it is clear in the scenario that the land is registered.[2]The purchaser will want to know whether any third parties have rights to the land which might interfere with the intended use of it. Concern about these matters will lead the purchaser to make extensive enquiries before the purchase of the estate is finally concluded.[3] A. Legal leases not exceeding seven years constitute overriding interest and this falls under schedule 3, Para 1 of LRA 2002. Short legal leases are specifically excluded by Para 1 from the category of short leases which override registered disposition. That includes leases which are to take effect in possession more than three months after the date of grant.[4] Polly comes to the cott age after Alisha brought it but Polly was given the lease the previous year. And since Alisha didnà ¢Ã¢â€š ¬Ã¢â€ž ¢t find any belongings in the cottage before buying we can assume that Polly returned after a year to take possession. In that case Sec.4 (1) (d) applies which makes the lease not an overriding interest. Because such leases mean that there is a real risk that the purchaser might buy the estate without discovering that it is subjected to a lease when the tenant is not necessarily in possession of the land. In such scenarios we can conclude that only the facts matters. And if Polly wants her legal lease to be protected knowing that she wonà ¢Ã¢â€š ¬Ã¢â€ž ¢t be in possession of the cottage for some time she should have made a notice[5] in the register about her lease. But certain interests cannot be protected by notice[6] , one such case is when the lease doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t exceed more than three years, interest under a trust of land or restrictive covenants. Sin ce Pollyà ¢Ã¢â€š ¬Ã¢â€ž ¢s lease is for four years it can be entered into the charges register. The fact that an interest is the subject of a notice doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t mean that the interest is valid. However, if the interest is valid, the notice ensures both that it binds any purchaser for valuable consideration[7] , and he knows about it before he takes the estate.[8] It is therefore much safer to protect such interests by notice. Once such an entry has been made the interest losses its overriding status[9] , but of course binds a disponee for valuable consideration. B. It is essential to remember that, it is the rights of the occupiers that bind purchasers and not the occupation itself. The claimant must always prove two elements: actual occupation and an interest in land. In National Provincial Bank v Ainsworth[10] it was held that deserted wifeà ¢Ã¢â€š ¬Ã¢â€ž ¢s equity to be a mere personal right against her husband; her occupation made no difference.[11] Ju dges have regularly emphasized that the question of whether a party is in actual occupation is essentially a question of fact. Lord Wilberforce stated that[12], à ¢Ã¢â€š ¬Ã‹Å"It is the fact that matters and what is required is physical presence on the land and not some entitlement in lawà ¢Ã¢â€š ¬Ã¢â€ž ¢ this was stated in Abbey National v Cann. In LRA 2002 Schedule 3 , Para 2 if occupation is established but the interest claimed was not known to the purchaser , the question will then be whether the occupation was obvious on reasonable inspection of the land.[13] Wilma daily comes home even for a short while and it is very much unclear whether Alisha didnà ¢Ã¢â€š ¬Ã¢â€ž ¢t notice that. And the wedding photograph is good evidence to the fact that Wilma may have a share in the land. A thorough search should have taken place in such risky matters which Alisha didnà ¢Ã¢â€š ¬Ã¢â€ž ¢t. The question is Wilma not being present permanently in the cottage because she was looking after her sick mother which was clearly defined by the case of Chhokar v Chhokar[14]in relation to LRA 1925 were a similar situation has being dealt with. The court of appeal said that it had no difficulty in holding that she was in occupation at the date, and went on to describe her right in the property as an overriding interest. The effect of temporary absence is now being considered by the courts in Link Lending Ltd v Bustard.[15] Occupation of Wilma was obvious enough through the inspection even if Alisha didnà ¢Ã¢â€š ¬Ã¢â€ž ¢t know about it. This means that provided the occupation is discoverable, the disponee may still be bound by an interest of which she doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t know ( Malory Enterprises Ltd v Cheshire [2002] )[16]Nevertheless in Kingsnorth Finance Co Ltd v Tizard[17] provide that there was actual occupation even when the wife was divorced she visited every day to look after her children. Although she was not living there her daily activities might be regarded as sufficient to justify the result. The facts are all important in such a case.[18] The result in Chhokar seems clear, but what if the seller had removed all evidence of the wife. Like in the scenario it is unclear whether Alisha sees possessions of Wilma other than the wedding photograph before sale. And since Bob lies about a divorce Wilmaà ¢Ã¢â€š ¬Ã¢â€ž ¢s claim might be stronger in such a circumstance. The purchaser has a statutory defence to an overriding interest if inquiry is made of the occupier, but the rights are not disclosed.[19] This is a clear hint to a purchaser as to what should be done. Those in actual occupation must be discovered and then asked what their interests are. In practice and in the scenario they tend to rely on the sellerà ¢Ã¢â€š ¬Ã¢â€ž ¢s information. This might be convenient but gives no protection. And when Alisha identified the wedding photograph she should have been careful enough to ask the occupier what their interests are rather than w hether she is present or not. This is because there is no need for overriding interest to be the source of the actual occupation.[20] The scenario doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t state that Wilma and Bob are divorced so this matter can be taken under Family Law Act 1996, s31 (10), that where one spouse or civil partner owns the family home, the other spouse has a right not to be evicted if already in occupation and a right with a leave of the court to enter and occupy if not already in occupation. And this lasts as long as the marriage continues. Under Sec.31 Wilmaà ¢Ã¢â€š ¬Ã¢â€ž ¢s home rights constitute a charge on the estate or interest of Bob and will bind Alisha in the property for valuable consideration if they are protected by a notice on the register of the title. This acts as an exception to overriding interests and thus binds Alisha. C. Easements and profits can be created expressly or impliedly by granting another person a right over oneà ¢Ã¢â€š ¬Ã¢â€ž ¢s land or by r eserving a right over land which one is transferring to another person.[21]Only legal easements are now capable of overriding the register. The LRA 2002 effectively reversed the controversial case of Celsteel Ltd v Alton House Holdings Ltd[22] which held that both legal and equitable easements were overriding within 1925 scheme. But if somehow the deed is registered it loses its overriding status. We can assume that Maxwellà ¢Ã¢â€š ¬Ã¢â€ž ¢s claim satisfy the requirement for a valid easement as laid down in Re Ellenborough Park.[23]A valid easement can be created by prescription which is long use of land and under Sec 2 of the Prescription Act 1832. The use for many years of a right which is capable of being an easement can create a legal easement by prescription.[24] Prescription arises if an easement has been used openly, as of right, without permission and continuously by one fee simple owner against another, provided that the right could have legitimately been granted by the landowner.[25] Maxwell does use the path openly and even notify Alisha of his right and say he has been using it for any years. It is somewhat unclear whether the prescription is by lost modern grant. Finally, we can come to a conclusion which interests bind Alisha and which does not. The legal lease of Polly doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t bind Alisha since thereà ¢Ã¢â€š ¬Ã¢â€ž ¢s lack of physical presence and notice as explained. But the share of Wilma does bind Alisha since she has some equitable rights towards her share of the property. And finally the easement will also bind Alisha through the Prescription Act 1832. Critically examine the rationale for the continued existence of interests which override. à ¢Ã¢â€š ¬Ã…“Overriding interests are important and controversial because they contravene the most basic registration principle: they bind purchasers despite not being entered on the Registerà ¢Ã¢â€š ¬Ã‚  Roger Smith, Elements of Land Law (Pearson Longman 2007) I n a sense overriding interests are rather like à ¢Ã¢â€š ¬Ã‹Å"trump cardsà ¢Ã¢â€š ¬Ã¢â€ž ¢ of the registered land system, taking automatic priority to any rights which are subsequently acquired by a person in the land. Not only that, but they can also lead to alteration of the register with no compensation being payable to the purchase. Little wonder then that a former Chief Land Register referred to them as à ¢Ã¢â€š ¬Ã‹Å"a stumbling blockà ¢Ã¢â€š ¬Ã¢â€ž ¢.[26] When compulsory title registration was introduced, the aim of its creators was to simplify conveyance by placing all the essential information about an estate in land on a register. Thereafter a purchaser intending to buy the land will only have to look up at the register in order to discover all what he needed to know about the property.[27] A major difficulty arose from the category of à ¢Ã¢â€š ¬Ã‹Å"overriding interestà ¢Ã¢â€š ¬Ã¢â€ž ¢. The original notion of land registration was that the register would provide a complete record of the title, so that the purchaser will be able to buy it with minimum or other enquiries or inspections.[28] The fundamental principle behind registered land is the mirror principle, which is to reflect accurately and completely and beyond all argument the current facts that are material to a mans title. Overriding interests represents the greatest breach in the mirror principle. They were not accidentally created but rather deliberately done by the legislature and given automatic effect precisely because they should be obvious to any prospective purchaser or their enforcement is too important to depend on registration.[29] On the other hand the curtain principle is perhaps the most ambitious motive behind the origin 1925 Act and it remains a key principle under 2002 Act. The aim is to keep certain types of equitable interests off the register completely. As Williams and Glynà ¢Ã¢â€š ¬Ã¢â€ž ¢s Bank v Boland shows, if the curtain is not raised the purchaser can easily be bound by such equitable interests. This problem clearly involves striking a balance between protection of the purchaser and protection for the occupier of land and it arose largely due to social and judicial changes.[30] Paragraphs 1 to 3 of Schedule 3 cover three types of interests which were overriding under LRA 1925. They are short leases, rights of persons in actual occupation and easements and profits. Schedule 3, Para 1 shortens the length of a lease from not exceeding 21 years to not exceeding 7 years. And in the future it can reduce to 3 years with the effect of e-conveyancing[31]. The reason why these leases override is that it would be unreasonable to expect short leases to be registered and if they were the register would be cluttered up by them. Under the 1925 Act anyone with proprietary right in property and also in actual occupation could claim an overriding interest. In Williams Glynà ¢Ã¢â€š ¬Ã¢â€ž ¢s Bank v Boland in 1981 defined actual occu pation as à ¢Ã¢â€š ¬Ã…“It is the fact of occupation that matters and what is required is the physical presence in the land and not some entitlement in lawà ¢Ã¢â€š ¬Ã‚ . However, Schedule 3 of LRA 2002 has reduced the extent to which these interests can bind a purchaser on subsequent registration of title so that a purchaser will not be bound if the occupation would not have been obvious on a reasonable inspection of the land at the time of the disposition. Under LRA 1925 s.70 (1) (a) all legal easements and profits and certain equitable easements[32] were overriding. But this wide category was reduced by LRA 2002 under Schedule 3, Para 3 where only legal easements by prescription or implied easements and profits were overriding. The LRA 2002 effectively reversed the controversial case of Celsteel Ltd v Alton House Holdings Ltd[33] which held that both legal and equitable easements were overriding interests within the 1925 scheme. Under LRA 1925 Sec. 70 (1) (f) a squatter could obtain title after 12 years adverse possession.[34] The new rules introduced by LRA 2002 apply to any squatter who had not completed the 12 year imitation period before the Act came into force on 13th October 2003. The rules are designed to protect the rights of the registered proprietor, and as a result the squatterà ¢Ã¢â€š ¬Ã¢â€ž ¢s chances of acquiring title to land are greatly reduced by the new scheme.[35] Finally local land charges override but they should be discovered by a local land charges search carried out before purchase. Moreover other interests, such as chancel repair liability will cease to override on 13 October 2013. Thus the à ¢Ã¢â€š ¬Ã‹Å"snap shotà ¢Ã¢â€š ¬Ã¢â€ž ¢ is becoming more accurate.[36] Why do we have them? At one time it was argued that the register replaces the title deeds and that the registration system should not protect purchasers in respect of interests not generally found in title deeds. Although this seems correct as historical exp lanation[37], the law commission has rejected it as an approach fit for the modern law. Their view is that, à ¢Ã¢â€š ¬Ã…“In the interest of certainty and of simplifying conveyancing, the class of right which may bind a purchaser otherwise than as the result of an entry in the register should be as narrow as possible but à ¢Ã¢â€š ¬Ã‚ ¦ interests should be overriding where protection against purchasers is needed, yet it is either not reasonable to expect or not sensible to require any entry on the register.à ¢Ã¢â€š ¬Ã‚ [38] They are also difficult to discover on an inspection of the land.[39] Not surprisingly the 2002 Act is working towards either minimizing or abolishing some overriding interests but has not yet worked out a strategy to eradicate them once and for all.[40] To make them lose their rights would contravene Article 1 of the First Protocol of ECHR. Active promotion of the advantages of registering interests could work in favor of both the purchaser and the ben eficiaries of these rights. Times have changed and the importance of moving on cannot be underestimated.[41] This surely illustrates the deepening of the crack in the mirror principle of registered land. In order to narrow the crack, the class of overriding interests may be made more certain by narrowing the class. On the grounds of public policy, there will perhaps always be interests which will need protection against the purchaser, where it will be unreasonable to register the interests. Therefore, the extent of the crack can never really get away from third- party interests, which is just as important as having quicker and cheaper conveyancing. Until legislation makes clear specifications on what particular interests can qualify, the concerns of overriding interests will remain. Bibliography Textbooks Judith-Anne MacKenzie,Textbook on Land Law(15th, Oxford University Press, 2014) Roger J Smith,Property Law(7th, Pearson Education Limited, 2011) Martin Dixon , Gerwyn LL H Griffiths and Emma Lees, QA Land Law (8th, Routledge, 2013) Journal Articles Matthew Roach, the end is nigh for Overriding interests -Or is it? [Summer 2013 ] 2 Stewart-Wallace , principles of land registration, p 32 Online resources Mangala Murali, Overriding Interests à ¢Ã¢â€š ¬Ã¢â‚¬Å"a conundrum of English Land Law (Law Brief Update October 10, 2012 ) https://www.lawbriefupdate.com/2012/10/10/overriding-interests-a-conundrum-of-english-land-law/ accessed 1/12/2015 Statues Land Registration Act 1925 Land Registration Act 2002 Prescription Act 1832 Limitation Act 1980 Cases Bakewell Management Ltd v Brandwood Celsteel Ltd v Alton House Holdings [1985] Celsteel Ltd v Alton House Holdings Ltd [1985] 1 WLR 204 Dewan v Lewis [2010] EWCA Civ 1382 Kingsnorth Finance Co Ltd v Tizard [1986] 1 WLR 783 (Ch D) Link Lending Ltd v Bustard [2010] EWCA Civ 424 Malory Enterprises Ltd v Cheshire [2002] National Provincial Bank v Ainsworth [1965] AC 1175 Re Ellenborough Park [1955] 3 All ER 667 Williams Glynà ¢Ã¢â€š ¬Ã¢â€ž ¢s Bank Ltd v Boland [1981] 1 [1] Roger J Smith,Property Law(7th, Pearson Education Limited, 2011) 53 [2]If one is not sure whether a registration has been made it can be found out by making an à ¢Ã¢â€š ¬Ã‹Å"index map searchà ¢Ã¢â€š ¬Ã¢â€ž ¢ which will tell you whether the estate has been registered. Further details may be obtained by making a full search of the register, which since 3 December 1990, can be done without the consent of the estate owner. [3] Judith-Anne MacKenzie,Textbook on Land Law(15th, Oxford University Press, 2014) 38 [4] S.4 (1) (d) [5] The Act defines a notice as à ¢Ã¢â€š ¬Ã‹Å" an entry in the register in respect of the burden of an interest affecting a registered estate or chargeà ¢Ã¢â€š ¬Ã¢â€ž ¢ S.32(1) [6] S.33 [7] S 32(3) [8] Judith-Anne MacKenzie,Textbook on Land Law(15th, Oxford University Press, 2014) 106 [9] S 29(3) [10][1965] AC 1175 [11] Roger J Smith,Property Law(7th, Pearson Education Limited, 2011) 254 [12] Williams Glynà ¢Ã¢â€š ¬Ã¢â€ž ¢s Bank Ltd v Boland [1981] [13] Judith-Anne MacKenzie,Textbook on Land Law(15th, Oxford University Press, 2014) 118-119 [14] [15] [2010] EWCA Civ 424 [16] Judith-Anne MacKenzie,Textbook on Land Law(15th, Oxford University Press, 2014) 115 [17] [1986] 1 WLR 783 (Ch D) [18] Judith-Anne MacKenzie,Textbook on Land Law(15th, Oxford University Press, 2014) 115 [19] Sch3 Para 2b [20] Roger J Smith,Property Law(7th, Pearson Education Limited, 2011) 264 [21] Judith-Anne MacKenzie,Textbook on Land Law(15th, Oxford University Press, 2014) 111 [22] [1985] 1 WLR 204 [23] [1955] 3 All ER 667 [24] The role of this doctrine was summarized in Dewan v Lewis [2010] EWCA Civ 1382 [25] Bakewell Management Ltd v Brandwood [26] Roger J Smith,Property Law(7th, Pearson Education Limited, 2011) 251 [27] Judith-Anne MacKenzie,Textbook on Land Law(15th, Oxford University Press, 2014) 86 [28] Judith-Anne MacKenzie,Textbook on Land Law(15th, Oxford University Pres s, 2014) 86 [29] Martin Dixon , Gerwyn LL H Griffiths and Emma Lees, QA Land Law (8th, Routledge, 2013) 10 [30] ibid [31] The introduction of e-conveyancing will have tremendous significance for the operation of the registered title system. It will only remove the gap between execution and registration which , as we have seen , can cause problems , but will also reduce very considerably the number of interests which can be created à ¢Ã¢â€š ¬Ã‹Å"off the registerà ¢Ã¢â€š ¬Ã¢â€ž ¢. [32] Celsteel ltd v Alton House Holdings [1985] [33] [1986] 1 WLR 512 [34] Even if the squatter is no longer in possession at the date of disposition. [35] Judith-Anne MacKenzie,Textbook on Land Law(15th, Oxford University Press, 2014) 141 [36] Martin Dixon , Gerwyn LL H Griffiths and Emma Lees, QA Land Law (8th, Routledge, 2013) 21 [37] Stewart-Wallace , principles of land registration, p 32 [38] Another important factor permeating the changes introduced by LRA 2002 is the ex tent to which a purchaser may be expected to discover these interests without making extensive inquiries. à ¢Ã¢â€š ¬Ã…“Because overriding interests bind transferees of the land even though they are by definition, not protected on the register, they are widely acknowledged to be potential source of difficulty in registered conveyancingà ¢Ã¢â€š ¬Ã‚  The law commission report no254 1998 [39] Examples include rights of an occupier of land, a lease for a term of less than seven years, profits a prendre (fishing rights or shooting or hunting rights). [40] The rights of persons in actual occupation present formidable challenges for reformists and it is this area of law that professionals must work on to find a conducive solution. [41] Mangala Murali, Overriding Interests à ¢Ã¢â€š ¬Ã¢â‚¬Å"a conundrum of English Land Law (Law Brief Update October 10, 2012 ) https://www.lawbriefupdate.com/2012/10/10/overriding-interests-a-conundrum-of-english-land-law/ accessed 1/12/2015

Practice Of Nursing - 1517 Words

With the passage of time practice of nursing is constantly fetching vibrant and is projected to experience remarkable evolution and modification. Auspiciously, the revolution is going to bring lots of prospects that will be linked to a greater role that nurses have to play. This is not restricted to acute care settings like hospitals however is going to outspread to other settings. The author of this essay will confer the anticipated modifications in the practice of nursing in deference to the conception of continuum of care, nurse managed health care clinic (NMHC), accountable care organization (ACO), medical homes and other nurses’ reviews on it. The United States population is increasing getting older so as a result greater sum of†¦show more content†¦The health needs of the population are constantly growing and societies are having insalubrious routines that indicates the healthcare establishments will have a vast amount of work to discourse and the need to hire more nurses to meet the ultimatum. Additional transformative variation is likely to arise in the nursing field is on health care provision. Presently, the United States of America has a desperate requirement of healthcare providers to meet the healthcare necessities of the nation. This is an unquestionable point as enormous amount of citizens are obese and many are suffering from persistent ailments. This is ill-fated to understand as these illnesses are not solitary effecting the elders but the youngsters it suggests as a quite great sum of individuals require care (Cronenwett, 2014). As fewer individuals are not able to pay the cost of healthcare, now it is a mounting drift where accountable care organizations (ACO) work collectively beneficial to provide aid that is swiftly altering the practice of nursing. Consequently, it is apparent that the nursing field is projected to nurture and alter according to the fluctuating healthcare necessities and the high-tech changes. The indicated modifications will accumulate the prospects for nurses at the community level, in hospital settings in addition to the different specialties (Heller, 2014). Therefore it must be efficient to proceedShow MoreRelatedThe Ethics Of Nursing Practice2165 Words   |  9 PagesNursing practice is established in customs, formal consideration and institutional arrangements. Over the previous decade, nurses have been tested to answer the inquiry, why do they do what they do or demonstrate the confirmation that nursing practices are successful (Wolf, 2012). 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Tax Planning

Question: Discuss about theTax Planning. Answer: Introduction The following assignment presenting the case studies in relation to certain aspects of income tax under Australian Tax laws. Determination of residential status of individual, judgments of court on outcome on sale of land has been represented in the following solution. Case Study 1 Australian Government has defined the term residential status for the purpose of determination of tax liability of an assessee as per the Income Tax Assessment Act 1997/36 under section 6(1) and Taxation Ruling 98/ 17. However, the status of being resident of Australia as per Immigration and Border Protection Department is different from the definition as per taxation department (Zelinsky, 2016). The determination of tax residency is done by the primary test known as resides test. As per this test if an individual resides in the country, Australia he/ she is considered an Australian Resident for the purpose of tax liability (Arendse, Stark Renaud, 2015). In this situation, the judgement of the Levene v IRC [1928] AC 217 case is taken into account as well as the assessee is not required to form any other residency test. However, if the individual fails to satisfy the residency test then the he/ she is required to take three secondary tests and is required to satisfy any one of them. These tests are Domicile test, 183 days test, superannuation test (Cooper, 2016). Under the first test, Domicile test, an individual is regarded as an ordinary resident of Australia if his/ her permanent home is in Australia unless the department of taxation office is satisfied that the place of residence is outside Australia (Barkoczy, 2016). As per the argument of the verdict of the Federal Commissioner of Taxation v Applegate case the individual is required to continue his residence in Australian territory. In order to examine the intention and location of the individual with regards to permanent residence according to the argument of Taxation Ruling IT 2650 factors that are included by Tax Commissioner are: The degree of deviation between the expected and actual period of stay from outside Australia. The intention of the individual to settle in foreign territory. An activity that involves the establishment of the residence abroad. The time- period and frequency of stay on foreign land, the purpose of the trips from outside Australia. In the second test, 183 days test, an individual is regarded as an ordinary resident of Australia if he/ she reside in the country for more than half of the income or financial year whether or not continuously (Palan Mangraviti, 2016). This test is considered until the taxation government is satisfied the permanent place of residence Lastly, in the third test, Superannuation test, employees of Government of Australia working offshore under Public Sector Superannuation Scheme and Commonwealth Superannuation Scheme are considered Australian resident (Zelinsky, 2016). In the given case, Kit has been a permanent resident of Australia and kept his Chilean citizenship where he was born while most of the years he spent working off the Indonesian Coast for a United States organization. Kit also owned a permanent residential property acquired three years back from the current year as well as owned a joint bank account along with his wife who lived in Australian territory for last four years with their two children. Salary income of Kit is directly credited to his Australian bank account while all other family investments and dividend income from shares remains in Chile. During the month off from work, Kit spends time with his family either in Australia or in Chile. On examining, the above factors and the fact of the case provided in the assignment it can be recognized that the residential status of Kit can be determined by the Domicile test. This is because Kit has to move out of the Australian territory for work purpose but at the same time, he has a permanent residence in Australia and has no intention to settle outside the country. According to the first significant condition of the Domicile test, Kit is a permanent resident of Australia and has Australian Domicile. Additionally, from the other information and facts given about having joint bank accounts in Australia where his salary is credited, having wife and children residing there it can be concluded that Kit has no intention to settle down outside Australia. Therefore, it can be said that Kit has satisfied the primary conditions of Domicile test as per ITAA 1997/ 36 and hence Kit is said to be an ordinary tax resident of Australia under section 6(5) (Palan Mangraviti, 2016). Moreover, the treatment of Kits salary income and other income from foreign land and family investments will be done according to the tax provisions of Income Tax Assessment Act 1997/ 36. Since, Kit is an ordinary resident of Australia therefore all his domestic and foreign income will be taxable as per the rules of the Australian Tax Office. Apparently, his salary income from the United States organization and income on family investments and dividend income on shares from Chile shall be taxable as per the rules of ITAA 97/36 (Eryilmaz Sergici, 2016). Case Study 2 In the following case studies the respective outcome reached by the court in context to the judgment on sales of land: 1.Californian Copper Syndicate Ltd v Harris (Surveyor of Taxes) (1904) 5 TC 159 The fact of the case is about the acquisition of 480 acres of land for mining copper that was later sold to another copper company, Fresno in consideration of fully paid shares. The contention of the Californian Copper Syndicate is the income earned from the transaction should be capital income and would not be taxed because the purpose of land is for mining copper the main product of the company. Whereas, on considering the facts of the case it observed that the company has entered into the sales transaction in order to earn profit therefore, it can be concluded that the income earned by the company from the sales of land is recognized as an ordinary/ revenue income and not capital income (Rosenberg Schuldenfrei, 2015). Hence, the same would be liable for tax payment on the profit incurred. 2. Scottish Australian Mining Co Ltd v FC of T (1950) 81 CLR 188- In 1942 In this cited case, the intention of acquiring the land by the company is mining of coal whereas over the period the Scottish Australian Mining company decided to sell off the land for the purpose of business activity or for residential purpose. For this reason, the management has bifurcated the plot of land and sold at the premium rate. According to the decision made by court it has been stated that the land cannot be used for the purpose other than the main objective it was acquired for. Accordingly, as the main objective of the land was coal mining and not for any other business purpose and hence, any income generated on the sale of lane would be treated as ordinary income and not capital income. Therefore, the same shall be taxable in the books of Scottish Australian Mining Company (Chirelstein Zelenak, 2015). 3. FC of T v Whitfords Beach Pty Ltd (1982) 150 CLR In this case, Whitfords Ltd had acquired to secure for its original shareholders for accessing shacks instead of generating profit on sale of land or by any other business activity. Apparently, three companies and Whitfords Limited had entered into the transaction on sale of land generating profit more than it was intended to. This income may be regarded as an assessable income in terms of ITAA 1997/36 as decided by the courts because the transaction entered by the company in context to ordinary usage and did not use the land for its main business activity. Hence, the income from the sale of land cannot be regarded as a capital income under Income Tax rules of Australia (Graetz McDowell, 2015). 4. Statham Anor v FC of T 89 ATC 4070 The given case is about the sale of farm land owned by a farmer who was traditionally involved in farming. Over the period the owner decided and sold off a portion of the land to earn income and not to carry any business activity on such land. Therefore, as decided by the court verdict the said income from the sale of land would be considered as a capital income because the income realized from the land is a capital asset under the meaning of capital asset given by ITAA 1936 (Parker Thurman, 2016). 5. Casimaty v FC of T 97 ATC 5135 The cited case is about Casimaty, a farmer had acquired a farming land as a gift from his father and further he acquired an adjoining land in order to erect homestead and for performing farming and fences business with no intention to sell it off. However, in later years due to hardships of bad health, debts, drought Casimaty had to sell the parts of the property around two- third of the land. According to the courts verdict, the income on sale of this land considered to be a capital income instead of assessable income for tax under section 25(1) or 25A because the intention of owner was not to generate income from profit making undertaking but a realization on sale of capital asset (Hopkins, 2015). 6. Moana Sand Pty Ltd v FC of T 88 ATC 4897 The fact of the given case is the intention of Moana Sand Pty Limited was to extract sand from its land property. But in later years, the land became insufficient for the sand extraction quantity and the same was divided into sub parts by the owner and eventually sold off. As the purpose of the taxpayer in this case was to generate profit from the sale of property the income earned was decided by the court to assessable under section 25(1) of the Income Tax Assessment Act 1936 instead of treating it as a capital income (Shay, 2015). 7. Crow v FC of T 88 ATC 4620 The given case stated the intention of purchasing the land by owner is to farming which the farmer acquired from the borrowed fund. Over the period, the farmer divided the land property into fifty one subparts that were sold by the farmer in different intervals at high rates. This activity was observed to be repetitive in nature with the intention in profit making business activities. Therefore, as per the provisions and decision by the court the realized income from sale of land cannot be claimed as a capital income but is to be assessed as assessable income according to ITAA 1936 (Hong, Yi Tiantian, 2016). 8. McCurry Anor v FC of T 98 ATC 4487 In this case, an individual purchased an old house for the purpose of investment that was renovated by him and turned into three townhouses with an intention to sell the house property. But due to the market structure, he was not able to sell this townhouse and hence, he started using the townhouse for his own living. After using the property for a year he sold all three townhouses at a very high rate. Apparently, on considering all the factors Federal government decided that the intention of the owner is to make an investment to earn a profit that is a business activity. Hence, the income received by selling the townhouse would be considered as ordinary income and would be taxed under Australian law under section 25(1) instead of considering the same as a capital income (Chirelstein Zelenak, 2015). Reference List: Arendse, J., Stark, K., Renaud, C. (2015). The Cohen and Kuttel stories: Is the place where I hang my hat still relevant to determine my residence for tax purposes?.Southern African Business Review,19(1), 1-24. Barkoczy, S. (2016). Foundations of Taxation Law 2016.OUP Catalogue Chirelstein, M., Zelenak, L. (2015).Federal Income Taxation, 13th (Concepts and Insights Series). West Academic. Cooper, G. S. (2016). Tax Treaty Policy of Developing Countries Post-BEPS.Singapore Management University School of Accountancy Research Paper, (2016-S), 45. Eryilmaz, D., Sergici, S. (2016). Integration of residential PV and its implications for current and future residential electricity demand in the United States.The Electricity Journal,29(1), 41-52. Graetz, M. J., McDowell, B. (2015). Tax Reform 1985: The Quest for a Fairer, More Efficient and Simpler Income Tax.Yale Law Policy Review,3(1), 3. Hong, Z., Yi, Z., Tiantian, C. (2016). Land remise income and remise price during Chinas transitional period from the perspective of fiscal decentralization and economic assessment.Land Use Policy,50, 293-300 Hopkins, B. R. (2015).The law of tax-exempt organizations. John Wiley Sons Palan, R., Mangraviti, G. (2016). 21. Troubling tax havens: multi-jurisdictional arbitrage and corporate tax footprint reduction.Handbook on Wealth and the Super-Rich, 422. Parker, D. P., Thurman, W. N. (2016). Tax Incentives and the Price of Conservation Rosenberg, D. L., Schuldenfrei, A. F. (2015). Gross Income Omissions and the 6 Year Tax Assessment Period: Seemingly Straightforward, the Extended Statute of Limitation Can Be Fraught with Complications.Journal of Accountancy,219(2), 54. Shay, S. E. (2015). Formulary Apportionment in the US International Income Tax System: Putting Lipstick on a Pig Zelinsky, E. A. (2016). Defining Residence for Income Tax Purposes: Domicile as Gap-Filler, Citizenship as Proxy and Gap-Filler.Michigan Journal of International Law,37.