Tax avoidance: legislative and judicial responses 700
Not offered in 1995
One 2-hour seminar weekly over 13 weeks
The objective of this subject is to examine the nature of tax avoidance and the responses by the legislature and the judiciary to such activities. Any effective taxation system must be adequately prepared for inevitable pressures on it caused by tax minimisation exercises. This subject aims to evaluate critically the responses and draw some conclusions as to the appropriate mix between substantive tax reform, specific and general anti-avoidance provisions and judicial approaches to interpretation, so that the underlying policy goals of the taxation system can be achieved with the greatest efficiency and fairness. The subject also aims to examine specific types of tax avoidance practices and the relevant responses, in order to determine if certain practices are more appropriately dealt with by the legislature or the judiciary, and to determine the likely judicial responses under current trends.
Assessment
Take-home examination: 40% * Research paper: 60%