MONASH UNIVERSITY FACULTY HANDBOOKS

Business & Economics Handbook 1996

Published by Monash University
Clayton, Victoria 3168, Australia

Authorised by Academic Registrar, April 1996


FIN6390

Penalties and prosecutions

Mr Wayne Gumley

6 points + 3 hours per week + Second semester + Caulfield, taxation offices, in-house

Objectives On completion of this subject students should be able to identify whether any of the anti-avoidance provisions in the income tax legislation apply to a transaction and apply those provisions to the transaction.

Synopsis Topics include the concepts of tax avoidance and tax evasion; judicial attitudes to tax avoidance; the doctrines of `sham' and `form vs substance'; the general anti-avoidance provisions (s.260 and part 1VA); specific anti-avoidance provisions directed to schemes involving companies, trusts, non-arms length dealings; the exploitation of the deduction provisions and other miscellaneous schemes.

Assessment Either assignment (5000 words): 50% + Examination (3 hours, open-book): 50% + or + Examination (3 hours): 100%

Prescribed texts


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