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Advanced Revenue Law - JURD7352
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Faculty: Faculty of Law
 
 
School:  School of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Postgraduate
 
 
Units of Credit: 6
 
 
EFTSL: 0.12500 (more info)
 
 
Indicative Contact Hours per Week: 4
 
 
Enrolment Requirements:
 
 
Prerequisite: LAWS2051
 
 
Excluded: LAWS3152
 
 
Fee Band:   (more info)
 
 
Further Information: See Class Timetable
 
 

Description

The course is designed to develop an understanding of the framework of the contemporary tax regime, particularly as it affects business. It puts particular emphasis on picking out important principles from the overwhelming mass of detail and on supplying a basis for a critical understanding of the law in its broader economic and institutional context. Recent substantive changes have been sweeping but even more important have been the cultural changes affecting taxpayers, their advisers, the tax office and the courts.

The course is directed towards students who will have some contact with tax law in their professional lives, as solicitors in commercial practice, lawyers in the finance industry, and tax specialists in law and accounting firms, though it is likely that the latter will seek further post graduate education before becoming fully equipped for high level practice. The course should also be of interest to those interested in tax policy issues as they affect commerce and the ongoing tax reform debate


Recommended Prior Knowledge

Elements of Income Tax Law is a prerequisite. Business Associations 1 and 2 are also recommended to be studied in conjunction with Advanced Revenue Law.

Course Objectives

  • To develop a thorough, critical understanding of the central concepts in the law of income tax and capital gains tax as they apply to business and investment vehicles and to international transactions
  • To give a working familiarity with the structure and main provisions of the Income Tax Assessment Acts as they operate on individuals and business vehicles. Some time is also devoted to stamp duty and GST.
  • To develop a perspective on the operation of a system of tax rules in a volatile political and economic context, including a feel for developments in the more complex and growing areas of tax law, including superannuation and consumption taxes
  • To develop so-called "statutory construction" skills, as they operate in the real world. In particular we examine the content and limits of recent trends towards contextual and purposive interpretation in tax authorities. Emphasis is also placed on the problems of drafting and simplifying tax legislation
  • To develop a sense of the ethical issues, both professional and otherwise, which are relevant in the taxation arena

Main Topics

  • Property income
  • Personal service income
  • Entities in general
  • Partnerships
  • Trusts
  • Companies
  • Off-shore
  • Tax avoidance
  • Ethics and tax avoidance
  • Ethics
  • Decision-making
  • GST
  • Stamp duty

Assessment

1 assignment and final exam (50% each)

Course Texts

Prescribed
Cooper Krever & Vann Commentary and Materials on Income Taxation, 5th edition 2005

Recommended
Refer to Course Outline provided by lecturer.

Resources

Refer to Course Outline provided by lecturer.

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© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.