This course deals with Australian income taxation law. Topics include constitutional power to levy taxes, income, allowable deductions, capital gains tax, with particular emphasis on tax in the context of borrowing money, property transactions, family law property settlement, wills and estates and compensation receipts.
- Semester 1 - 2015
1. Demonstrate thorough and contextual knowledge and understanding of substantive areas of taxation law;
2. Critically assess the role of taxation in contemporary society and the adequacy of Australia¿s tax system;
3. Identify legal issues and employ legal principles and rules to resolve practical problems in the area of taxation law;
4. Demonstrate developed analytical abilities, including the ability to separate the relevant from the irrelevant, and to present a clear analysis of competing considerations;
5. Read and analyse primary and secondary materials effectively and critically; and
6. Structure and present a coherent and persuasive legal argument, orally and in writing, and make productive contributions to class debate and discussion.
The course provides an overview of the Australian income tax and related legislation.
Topics covered are as follows:
- Overview of the structure of the Australian taxation system and its underlying legal and policy framework, including constitutional considerations, concepts of income, residence and source;
- General principles of assessability, and statutory extensions thereof, including capital gains tax and the fringe benefits tax;
- General principles of deductibility, including certain statutory extensions;
- Introduction to the taxation of partnerships, trusts and companies (and their shareholders);
- Administrative aspects of taxation - assessment, collection and recovery of income tax, procedures for disputing a income tax assessment;
- Introduction to the legislative rules dealing with tax avoidance;
- Overview of the goods and services tax.
This course is only available to students enrolled in the Bachelor of Laws and associated combined degree programs or Bachelor of Laws (Honours) and associated combined degree programs.
LAWS1001A, LAWS1001B, LAWS1002A, LAWS1002B, LAWS2003A, LAWS2003B, LAWS3004A, LAWS3004B
Participation: Class Participation
Written Assignment: Problem question assessment
Formal Examination: Open Book Examination
Face to Face On Campus 2 hour(s) per Week for Full Term
Face to Face On Campus 1 hour(s) per Week for Full Term