Elements of Income Tax Law - JURD7351
Faculty: Faculty of Law
School: Faculty of Law
Course Outline: See below
Campus: Sydney
Career: Postgraduate
Units of Credit: 6
EFTSL: 0.12500 (more info)
Indicative Contact Hours per Week: 3
Enrolment Requirements:
Pre-requisite: 36 UOC of JURD courses for students enrolled prior to 2013. For students enrolled after 2013, pre-requisite: 72 UOC of JURD courses.
CSS Contribution Charge: 3 (more info)
Tuition Fee: See Tuition Fee Schedule
Further Information: See Class Timetable
View course information for previous years.
Description
Recommended Prior Knowledge
Course Objectives
- To develop a thorough, critical understanding of the central concepts in the law of income tax, including the capital gains provisions, and fringe benefits tax
- To give a working familiarity with the main provisions of the Income Tax Assessment Act as it operates on individuals and (to a lesser extent) business vehicles
- To start to develop a perspective on the operation of a system of tax rules in a volatile political, social and economic context, including (more particularly in the advanced course) a feel for developments in the more complex and growing areas of tax law and the growing importance of Tax Office rulings. Ethical and social perspectives are relevant here, as is the ability to analyse and debate contentious issues
- To develop so-called "statutory construction" skills, as they operate in the real world. In particular, to examine the content and limits of recent trends towards contextual and purposive interpretation in tax authorities. In this model judges and bureaucrats are delegated decision-makers creating bread and butter tax law with important economic and distributional implications rather than oracles "discovering" pre-existing rules in the lofty heights of the tax legislation. Tax Office rulings are an important source of law
- To develop some understanding of tax decision-making structures and an appreciation of the practical problems in resolving tax disputes
- To develop an appreciation of the Tax Law Improvement Project's goals and achievements and an understanding of the 'new' Income Tax Assessment Act
Main Topics
- What is income (or a capital gain)?
- What is deductible from income (or a capital gain)?
- When is the income taxable or the deduction allowable?
- Whose income is it (to only a limited degree in this course)?
Assessment
Written assignment | 50% | |
Exam | 50% |
Course Texts
Prescribed
- Cooper, Deutsch & Krever, Income Taxation: Commentary and Materials 6th edition, 2009 Thomson Reuters
- Income Tax Legislation
Recommended
Refer to Course Outline provided by lecturer.
Resources