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International Tax: Anti-Avoidance - ATAX0408
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Faculty: Faculty of Law
 
 
School:  Australian School of Taxation
 
 
Course Outline: See below
 
 
Campus: ATAX Campus
 
 
Career: Postgraduate
 
 
Units of Credit: 6
 
 
EFTSL: 0.12500 (more info)
 
 
Indicative Contact Hours per Week: 0
 
 
Enrolment Requirements:
 
 
Restricted to students enrolled in Programs 9250 or 9260 or 9255
 
 
Excluded: ATAX0308, ATAX0508
 
 
Fee Band: 1 (more info)
 
 
Further Information: See Class Timetable
 
 

Description

International Taxation comprises a complex body of learning which is relevant to any cross border event whether that be in the form of cross border investment or cross border movement of people. This course exposes participants to the main aspects of the law which are relevant specifically to preventing avoidance of taxpayer obligations in respect of Australia's international taxation jurisdiction. The areas covered need to be clearly understood by anyone dealing with cross border income flows in order to avoid inadvertently falling into an unexpected trap created by these provisions.


Recommended Prior Knowledge

Although not a formal prerequisite, this course follows on from ATAX0320/0420/0520 Principles of Australian International Taxation which deals with basic principles of international taxation.

Course Objectives

  • To familiarise students with the basics of the attribution (Controlled Foreign Corporations, Transferor Trusts and Foreign Investment Funds), thin capitalisation, and transfer pricing measures
  • To provide a detailed study of the attribution rules, focusing on concepts of control, active income and methods of attribution
  • To provide a brief review of international comparisons of anti-avoidance measures

Main Topics

  • Taxation of deferred foreign income - an overview
  • CFC's, control and attributable taxpayers
  • Active income test
  • CFC-attributable income
  • Dividends, exemptions and foreign tax credits
  • Second tier CFC provisions and deemed dividends
  • Non resident trusts (excluding FIFs)
  • Foreign investment funds
  • Other anti avoidance measures
  • Record keeping requirements

Assessment

1 research paper
1 exam

Course Texts

Prescribed
There are no prescribed textbooks for this course, however you must purchase or have access to the following publications:

  • Income Tax Assessment Act 1936 and Regulations
  • Income Tax Assessment Act 1997
Citation and Style Guides
The following is a selection of acceptable citation and style guides, which you may use as the basis for your written work. You must purchase or have access to one of the following publications:
  • Rozenberg P, Australian guide to uniform legal citation (Sydney: Lawbook Co, 2nd ed, 2003)
  • Stuhmcke A, Legal referencing (Sydney: Butterworths, 3rd ed, 2005)
  • Australian guide to legal citation (Melbourne University Law Review Association, 2nd ed, 2002) - Available from http://mulr.law.unimelb.edu.au/aglc.asp
Recommended
Refer to Course Profile supplied 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.