“Those who cannot remember the past are condemned to repeat it”
The Historical and Sociological schools of Jurisprudence have beautifully expounded that law has an organic growth and it grows with the society. For making a law that resonates with the ‘Volkgeist,’ legislature must keep into account the historical aspect of the development of law in mind. So, it has become all the more important for legislators and legal officers to look into the mischief for making a purposive statute and this can only be done through gaining insight into the history of the law. Studying it is also pertinent for a student because LAW 6001 Taxation Law Case Study Assessment Answers are expected to be based on it.
Similarly, the law of taxation in Australia too gradually developed through recognising that rules and utilitarian laws are the keys to establish the ideal welfare state. All the six colonies in Australia had developed tax systems mutually exclusive of each other by the end of the 109th century. The main source of revenue for them as customs and excise duty as against the income tax for now. These statues were made without getting a clear picture and status of people. It was an administrative diktat devoid of any principles of equity and principles of mischief. Given the expanded and highly detailed structure of tax law, a student pursuing it must take the best taxation law assignment solution for his assignments.
Custom duties were designed for hindering in establishing trade relations amongst the colonies. In 1901, when Australia transitioned to become a federation, all these trade barriers were removed to facilitate trade between the colonies on the principles of laissez-faire.
The Structure of Taxation in Australia before 1901
Before the Constitution of Commonwealth was enforced in 1901, the Australian colonies worked an independent states bot politically and economically. The revenue for carrying out the functions of the state was generated through a variety of indirect taxes. Customs and excise duty being the primary source of taxation were easy to maintain and furnished the political agenda of the leaders by not levying the direct taxes.
Pressure on the domain of public expenditure escalated, the governmental coffers were filled with charging a fee on land sales and other allied non-tax revenues on transfers of property. These unplanned methods of imposing taxes highlighted gaps in administration.
Stamp dusty imposed on the land sales churned a large amount of money for the colonial administration and generated twice as much revenue exclusively as generated by other sources put together by 1875. It will make a good title for a LAW6001 Taxation Law Case Study.
The branching of taxable subject matter
By the end of the 18th century, colonials started imposing a fee on wharfage, port entry for applying a tax on imports, and increased duties on liquor. Custom duties were imposed on the material which was exported in large quantities like timber, whale oil, seal, seal skin, etc. in the years 1813.
The imposition of customs duties was justified on the ground that they could be collected easily at a certain designated number of ports from where these goods entered the colonies. Applying taxes and excise duties on items of daily use and essentials ensured a perennial flow of revenue. They were often pledged to facilitate development and welfare functions to gain the support of the citizens.
The excise duties on tobacco and alcohol were raised and renamed as sin taxes as the consumption of them skyrocketed in the colonies. Gradually, the domain of taxes was extended to take non-luxurious items in its purview like tea, pulses, sugar, rice, grains, meat, flour, salt, etc. The poor households struggling to meet both ends bore the burden of this.
Developments were made in the LAW 6001 Taxation Law in the early 19th century. Customs duties were imposed on imports, but locally produced goods were also taxed now. however, revenue generated from locally produced goods was far lesser than the revenue generated by the customs as most of the finished and manufactured products were imported rather than produced locally.
A sample of taxation law assignment completed by our expert. The assignment demonstrates the student to understand Australian taxation law and identify and critically analyse its issues. Also, it asks the student t apply the taxation law in real-life issues.
Business and profession were not spared and colonials introduced taxes on services such as:-
- Fee on sale of liquor in the retail market
- Licensing fee for carrying out auctions
- Stamp duties
- Services charges on probates issued by government agents.
- Taxes on stocks
The draconian laws often levied more taxes on carrying out a profession or rendering services that they often exceeded the income generated through them.
The Gold Rush of 1851
Revenues were raised substantially in Australia on small miners who started making a large amount of money from gold. It began when in May of 1851 when Edward Hargraves who had worked in gold mines California claimed to have found gold at Ophir. As a result, the administration of NSW and Victoria started issuing a license for mining gold at a prescribed fee. This turned out to be the most feasible and easy option of revenue generation.
This sparked unrest amongst the miners of Victoria (it became a separate colony on 1 July 1851). Eureka Stockade was the organisation who was issuing licences at high prices. The high fee levied was the last nail in the coffin that lead to the uprising:-
- The fee was impost irrespective of the fact that gold was retrieved from the mine.
- No benefit of welfare activities by the administration was enjoyed by the miners.
- Taxes were imposed keeping in mind administrative ease and not viability.
- Taxes were imposed indiscriminately without considering the level of income of the households and as a result, poor felt the burden of this inequity.
The colonial regime changed the inequitable imposition with more equitable gold tax imports and limitation on the rights of the miners in the wake of rebellion against the Eureka Stockade. The LAW 6001 Taxation Law Act ITAA36 and ITAA 97 Case Study help based on this is quite insightful.
The main foundational riff between the colonial administrations related to tariffs. Victoria relied heavily on customs and excises while NSW boasted of being facilitating free trade. The new laws based on free trade policy and the modern economy could only be introduced after 1901. Now, the Australian taxation system is diversified it had changed from relying on indirect taxes to direct taxes based on a utilitarian model.
Taxation law is a critical one and often make the students feel confused while they attempt assignment making. If you are also facing any such issues, its time to take help from the experts of Sample Assignment, just book your assignment order with us now.