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Need some help on company Law assignment!

eric_darcy
Member
Posts: 2
Joined: Apr 29, 08
Ref.#: 6237

       Apr 29, 08, 07:18am ¦ #1

Hello
I am doing Business Studies, and as a part of my course I am doing Company Law. I am a little bit confused in this assignment, because the subject is completely new to me. Could you please help me with the following,give me some clues,Where can i start discussion?
The Australian government is concerned about the economy and has been for some time.
It wants to encourage more Australians to invest in their own country rather than
investing their money overseas. As an incentive, the government proposes that all capital
investments over $500,000 made by Australian companies resident in Australia should
qualify for a tax rebate. The tax incentive would only be available for those investments
made between 30 June 2007 and 30 June 2008. The necessary amendments to provide
for the tax incentive are made to the Income Tax Assessment Act 1936 (Cth).
Sam and Sally are a New Zealand couple who are owners and managers of two ski resorts
in Queenstown, New Zealand. They incorporated a company in New Zealand, Snow Ski
Ltd, which purchased their ski lodge business from them. They are the sole shareholders
and both are directors of the company, with Sally holding the position of managing
director. For some time they have been interested in expanding their business to
incorporate an existing ski lodge business in Australia. A suitable lodge has been found
and negotiations are underway for Snow Ski Ltd to purchase the lodge and the associated
business. Arrangements are made for Sam's brother, Shane, who has recently moved to
Australia, to run the ski lodge for them. Shane has little business experience in the ski
business but Sam and Sally have assured him that they will give him all the advice and
support he needs.
Before the purchase is finalised, Shane tells Sam and Sally about the Australian
government's proposal that all capital investments over $500,000 in Australia by
Australian residents will qualify for a tax rebate. Sam and Sally immediately decide that
they should incorporate a company in Australia to purchase the ski lodge and business for
them so they can gain a large tax rebate.
Accordingly, Sam and Sally, as directors of Snow Ski Ltd, promote a company, Frost
Bite Pty Ltd, incorporated in Victoria under the Corporations Act 2001 (Cth). Frost Bite
Pty Ltd has a share capital of $100,000, divided into 100,000 shares of $1 each. The
issued shares in Frost Bite Pty Ltd are held as follows:
Sam (director): one $1 share;
Sally (director): one $1 share;
Shane: one $1 share; and
Snow Ski Ltd: 1,000 $1 shares.
The purchase of the Victorian ski lodge by Frost Bite Pty Ltd goes ahead at the arranged
contract price of $680,000 on 1 September 2007. The Victorian ski lodge, following its
purchase by Frost Bite Pty Ltd, is a huge success and this is reflected in the company's
profits. These profits go directly to Snow Ski Ltd in New Zealand.
Deleted: ns
David Frost also manages a ski lodge in Victoria. The business is conducted by a
company David incorporated in England, Downhill Pty Ltd. His business at the lodge
has suffered great financial losses due to Frost Bite's success in the ski season. He has
heard rumours that the owners of the new business are, in fact, from New Zealand, and
that they were able to gain the tax advantage, whereas Downhill Pty Ltd cannot claim the
same benefit as the company is a resident of England,.. David is furious at this and
reports them to the Australian Taxation Office (ATO), which in turn begins its own
investigations of the conduct of Frost Bite Pty Ltd.
The ATO is contemplating to disallow Frost Bite Pty Ltd to claim the tax rebate on the
basis that the company is not, in reality an Australian company for the purposes of the
relevant provisions.


Assuming that Frost Bite Pty Ltd has been validly incorporated in compliance with
the Corporations Act, advise the ATO as to whether Frost Bite Ltd is entitled to
claim a tax rebate.


EF_Team5
 Moderator
Posts: 597
Joined: Apr 22, 08
Ref.#: 6247

   Edited by: EF_Team5     Apr 29, 08, 03:59pm ¦ #2

Good afternoon!

Since this is a fairly specific question, I would suggest a few different route to take towards answering the question.

First, were you required to use a textbook relevant to this topic? If so, I would start there; search through it and see if there is any other examples similar to this situation, and if so, how they were handled.

The next place I would look is the internet. I would search online for keywords such as 'Australian company law' and 'Australian Tax Office'; some good information can be found online if you use the right keywords.

Good luck getting started!

Regards,
Gloria
Moderator, EssayForum.com


eric_darcy
Member
Posts: 2
Joined: Apr 29, 08
Ref.#: 6282

       May 1, 08, 01:53am ¦ #3

thanks mate, but i still can't find a clue to start the essay. i have already known that i have to discuss some Lift corporate veil issues.agent and vehicle,but i don't konw where i can start


EF_Team5
 Moderator
Posts: 597
Joined: Apr 22, 08
Ref.#: 6285

       May 1, 08, 07:44am ¦ #4

Good morning!

Well, you might start with an outline; I find it helps me organize my thoughts when I'm starting a project. First start with the pillars; the main topics you have to touch on in the essay. Once you've got those down, under them list one or two supporting details for each main topic. Next you can then add any specific examples you would like to use to strengthen your statements. Then build the conclusion and introduction around that outline.
Rather than starting at the beginning and worthing straight through to the end, start in the middle and work your way around to the end and beginning.

Good luck!

Regards,
Gloria
Moderator, EssayForum.com



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