Week 1 - Intro to Taxation Law Constitutional framework Section 51(2 “Parliament shall subject to this constitution have power to make laws for the

Week 1 - Intro to Taxation Law Constitutional framework...

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Intro to Taxation Law Constitutional framework Section 51(2) “Parliament shall; subject to this constitution, have power to make laws for the peace, order and good government of the Commonwealth with respect to … taxation, but so as not to discriminate between states or parts of state” - Broad, plenary power (MacCormick v Commissioner of Taxation Cth) Subject to limitations 1. Commonwealth can’t impose a law with respect to taxation if it were to discriminate between the states - E.g. if commonwealth were to make a taxation law and imposed on residents of WA only = constitutional challenge to the validity of that law 2. Melbourne Corporation Principle - Commonwealth can’t exercise its powers under s51 if doing so cripples the ability of states to function as a state What is a tax A compulsory exaction of money by a public authority for public purposes, enforceable by law, and is not a payment for services rendered. - Matthews v Chicory Marketing Board (1938)
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Types of Australian taxes - Vertical fiscal imbalance : high level of gov (commonwealth) is raising taxes but states have responsibilities but not ability to fundraise - Direct tax: - typically leveled by the gov directly on an individual E..g. Income tax, payroll tax - Indirect tax: levelled on consumption or the incurrence of a specified event or because a person transfer piece of property - E.g. Wheel tax (rome), stamp duty, GST, cigarettes - Consolidated revenue account : - Where all money from tax goes to for gov spending and allocating to states
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Why should I care about tax?
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