BTF4250 - Anti-avoidance rules and financial transactions

Leader: Dr Bill Orow

Offered

Caulfield First semester 2007 (Evening)

Synopsis

This unit examines taxation issues and principles in relation to alternative financing techniques. The course focuses on debt as a source of finance and includes an examination of equity and leasing as alternatives to debt. Examines general and specific anti-avoidance provisions and their applications to various arrangements and commercial transactions.

Objectives

The learning objectives of this unit are to:

• Explain the concepts and principles employed to deal with tax avoidance;
• Explain the common law doctrines such as sham and form v substance;
• Explain the general anti avoidance rule as contained in part IVA of the Income Tax Assessment Act 1936 (Cth);
• Identify dividend stripping, franking credit trading capital and dividend streaming and substitution and other rules;
• Identify developments, statutory and judicial, pertaining to anti avoidance rules and principles.

Assessment

Option 1: Research assignment (3000 words): 30%
Examination (3 hours, open-book): 70%
Option 2: Examination (3 hours, open-book): 100%.

Contact hours

Three hours per week on-campus and/or intensive mode over summer (both 39 hours in total).

Prerequisites

BTX5651

Prohibitions

BTF4570, BTF4680, BTF5550, BTF5560, BTF5250