LAW7027

International taxation ( 6 points, SCA Band 3, 0.125 EFTSL)

Leader: Associate Professor John Glover

Offered:
Not offered in 2005.

Synopsis: The definitions of 'residence', 'source' and other concepts used in international taxation will be considered first, together with the jurisdictional competence of the Australian taxing authority. Relevant provisions of the Income Tax Assessment Act 1997 (Cth) are outlined: exemption, accruals and tax credit regimes for foreign source income. Assessment and withholding tax regimes for the income of non-residents.

Objectives: Upon completion of this subject a student should (1) be familiar with the tax consequences of international trading and with the options which should be advised to a business so engaged; (2) understand the provisions of the Income Tax Assessment Act 1997 (C'th) relevant to the taxation of resident entities on income derived from all sources; (3) understand the provisions of the Income Tax Assessment Act 1997 (C'th) relevant to the taxation of non-residents on income derived from an Australian source; (4) understand tax aspects of international financing and leasing operations, the use of tax havens and various international tax planning techniques; (5) be able to identify the principles, laws and precedents relevant to the choice of tax-efficient, international trading structures; and (6) have developed skills of oral presentation of legal policy, rules and argument, including considerations of fairness, symmetry and efficiency.

Assessment: Research paper (3750 words): 50%, Class presentation/participation: 10%, Supervised examination (1 1/2 hours): 40%