LAW7051

Taxation of capital gains

Mr Terry Murphy

Objectives Upon completion of this subject the student should have developed a thorough and detailed knowledge of the complex and intricate CGT provisions. In addition to a theoretical analysis of the provisions and the developing case law, there will be considerable focus on the practical implications of the provisions and the problems that have been encountered in seeking to determine the scope of their application. There will be an emphasis on active group discussions and debate during seminars in which all students will be expected to participate.

Synopsis This subject involves a detailed analysis of Australia's capital gains provisions from a practical perspective. Issues to be considered include the integration of the capital gain provisions in Part 3 of the Income Tax Assessment Act 1997 with other provisions of the Act, especially s.6; the concepts of 'an asset' and 'acquisition and disposal'; the application of Part IIIA to corporations (and, in particular, corporate reorganisations), family arrangements and trusts.

Assessment Examination: 50% - Written paper (each student will be required to prepare a topic for class discussion which will form the basis for their written paper): 50%

Texts

To be advised

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