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LAW7046 - Tax avoidance: judicial and legislative responses

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate Faculty of Law

Offered

Not offered in 2008

Synopsis

The course examines the nature of tax avoidance and the responses by the legislature and the judiciary to such activities. Its aim is to critically evaluate the responses and draw some conclusions as to the appropriate mix between substantive tax reforms, specific and general anti-avoidance provisions and judicial approaches to interpretation. Finally, the course 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 of the judiciary, and to determine the likely judicial responses under current trends.

Assessment

One research assingment (6750 words): 90% and Class participation: 10%.

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