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LAW7051 - Taxation of capital gains

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate Faculty of Law

Leader: Kevin Pose


Not offered in 2008


A detailed analysis of Australia's capital gains provisions from a practical perspective. 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.


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.


Research Essay (3750 words): 50%
Take Home Examination (3750 words): 50%

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