LAW5213

Taxation 512

Associate Professor J Glover and Ms S Barkehall Thomas

12 points - Three 1-hour lectures per week - Full-year subject - Clayton - Prerequisite: LAW3400 - Students are advised but not obliged to take LAW5214 either before, or concurrently with this subject

Objectives Students completing this subject should have (1) a basic, up-to-date knowledge of income tax law; (2) an appreciation of taxation law in its historical and constitutional context; (3) an appreciation and critical understanding of the central concepts involved in the operation of the income tax system; (4) an awareness of the current tax mix in Australia; (5) an understanding of the dynamic nature of taxation law and the reasons for this dynamism; (6) a clear understanding of the policy issues underlying taxation; (7) developed the ability to evaluate critically new tax proposals; (8) developed skills of statutory interpretation in the context of technical and complex legislation; (9) the ability to apply principles from property law, equity and company law to the area of taxation law; and (10) an appreciation and understanding of tax planning.

Synopsis Taxation law covers the concepts of income taxation, the law relating thereto and policy issues underlying the law. The topics to be covered are the policy issues underlying taxation; the historical, social and constitutional context of taxation law; the definition of income; capital gains tax and fringe benefits tax; deductions; taxation of partnerships, trusts and companies and shareholders; tax accounting; trading stock; tax administration; residence and source of income; tax avoidance.

Assessment Written research assignment (optional) (3000 words): 30% - Mid-year class test (1 hour): 20% - Final examination 3.5 hours): 80% or 50% (depending on whether or not research assignment is completed)

Texts

Income Tax Assessment Act 1936 (Cth)
Income Tax Assessment Act 1997 (Cth)
Others to be advised

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