Taxation law – Residence and source Mitchell is an architect and…Taxation law – Residence and source Mitchell is an architect and has travelled to Australia from France for a four month work assignment in March of 2021. Mitchell has been in a relationship for six months with April, his high school sweetheart. Due to work commitments April has not accompanied Mitchell on his trip to Australia. Mitchell’s employer has agreed to pay for his hotel accommodation and living costs in addition to his salary for the initial four months. Mitchell is based in Sydney but has made many short trips to Brisbane QLD to visit a few distant relatives. On completion of the four months assignment, Mitchell’s employer has asked him to stay an additional twelve months. Mitchell accepts and arranges for his girlfriend; April, to fly to Sydney to help him negotiate a twelve-month lease on an apartment close to his work. April was pleased to secure a lovely apartment with water views and has arranged with her employer to work from Australia for a trial period of three months with a possibility of extending this period if the trial is successful. Mitchell is thrilled to be joined by his girlfriend but is a bit hesitant to be living so close to water as he does not have any swimming skills. Mitchell has signed up to a twelve month adult swimming course to improve his water skills. During the 2022 financial year Mitchell travels home twice to see his parents and siblings on both occasions leaving for a four-week period. Mitchell loves being in Australia but at times he does get home sick and is looking forward to returning home one day. However, he finds working on the architectural project rewarding and has agreed to his employer that he will see out construction of the building. The building is expected to be finished in June 2022. April’s employer is pleased with how she performed during the trial period and has extended the arrangement until she is ready to return but not longer than 24 months. Required: Discuss whether and when Mitchell is a resident of Australia for tax purposes? Your answer should include a discussion about timing, and include references to relevant tax legislation cases or rulings. You are not required to identify if April is a resident. All answers must be supported with references to relevant legislation, caselaw and/or tax rulings. LawSocial ScienceTax law BUSINESS 200187
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