Units

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Sample subject outline - Semester 2 2012

Note: Subject outlines often change before the semester begins. Below is a sample outline.

Rationale

In most legal transactions, there is a requirement to consider and obtain taxation law advice. Such transactions range from buying and selling a business to finalising a property settlement in family law. It is important, therefore, that lawyers have an understanding of important taxation issues so that they may provide a more comprehensive service to their clients.

Aims

The aim of this unit is to introduce and develop your knowledge of the principles underpinning taxation of certain entities, the impact of capital gains tax (CGT) and the goods and services tax (GST) on certain transactions, and other taxation matters such as superannuation, estate planning and the anti-avoidance provisions and the international aspects of taxation law. This unit is offered in conjunction with the undergraduate unit LWB359 Advanced Taxation Law.

Objectives

At the completion of this unit you should be able to:
(1) Critically appraise and compare the way in which a business can be structured for taxation purposes, in particular the use of partnerships, trusts and companies;
(2) Explain, interpret and synthesise the impact of key provisions of taxation law, such as goods and services tax (GST) and capital gains tax (CGT),on certain transactions;
(3) Differentiate between superannuation, tax planning and the anti-avoidance provisions;
(4) Critique contemporary and ethical issues involved in a taxation system which operates in a volatile political, social and economic context; and
(5) Effectively communicate, orally and in writing, legal concepts and solutions to taxation law problems.

Content

The material covered in this unit includes consideration of taxation law issues in the following areas:

1. Advanced concepts of select taxation issues, such as goods and services tax (GST) and tax aspects of insolvency;
2. The taxation of partnerships, including the application of capital gains provisions to partnerships;
3. The taxation of trusts;
4. The taxation of companies, including taxation of shareholders and the dividend imputation system;
5. Taxation and superannuation funds;
6. The general anti-avoidance provisions in Part IVA of the Income Tax Assessment Act 1936 (Cth);
7. Elements of basic estate planning and ethical behaviour in the context of taxation law; and
8. International taxation.

Approaches to Teaching and Learning

This unit will be taught through a combination of weekly podcast lectures and face-to-face seminars designed to encourage class participation and debate of taxation issues for the purposes of academic development.

The lectures and seminars are intended to achieve two objectives: the dissemination of knowledge and the development of ideas in tax and tax planning in Australia. For internal students, attendance at the seminars is essential. The acquisition of the relevant knowledge is primarily your responsibility prior to the attendance at seminars. You will be expected to participate in seminar discussion and debate about issues raised. The seminars will be recorded for external students and audio-streamed on the Blackboard site.

Assessment

This assessment is consistent with Law School postgraduate study objectives.Assessment in this unit is both formative and summative. You will receive feedback on your contribution to the seminar discussion throughout the semester. Formative feedback for external students is given via audio-streaming of the seminar discussions to the unit's Blackboard site. You will also receive individual feedback on your research proposal and your final research paper.

Assessment name: Discussion Forum
Description: You will be assessed on your preparation for, participation in, and contribution to discussions, analysis and problem solving in the seminars throughout the semester. You will be assessed on your knowledge and understanding of the unit content, your ability to apply the law to real life taxation questions, your demonstrated preparation, and your communication skills.
Relates to objectives: (1)-(5)
Weight: 10%
Internal or external: Internal
Group or individual: Individual
Due date: In class

Assessment name: Research Proposal
Description: You are required to submit a 1,500 - 2,000 word research proposal setting out your research question, research approach and initial literature review on a topic approved by the unit coordinator.
Relates to objectives: (1) - (5)
Weight: 30%
Internal or external: Both
Group or individual: Individual
Due date: Wk 5

Assessment name: Research Paper
Description: You are required to complete 5,000 to 6,000 word research paper on the topic outlined in the research proposal in Assessment Item 2. In writing your research paper you are required to address any feedback provided by the unit coordinator on the research proposal in Assessment Item 2.
Relates to objectives: (1) - (5)
Weight: 60%
Internal or external: Internal
Group or individual: Individual
Due date: Wk of SWAT Vac

Assessment name: Problem Solving Task
Description: External Students are required to provide a written answer to a specific problem that will be placed upon the Blackboard site by the first week of the semester. You will be assessed on your analysis and problem solving skills, your knowledge and understanding of the unit content, your ability to apply the law to real life taxation questions, and your written communication skills. The suggested length of the answer is 1,500 words. This problem will relate to topic areas of the course covered in weeks 1-6.
Relates to objectives: 1)-(5)
Weight: 10%
Internal or external: External
Group or individual: Individual
Due date: Week 9

Academic Honesty

QUT is committed to maintaining high academic standards to protect the value of its qualifications. To assist you in assuring the academic integrity of your assessment you are encouraged to make use of the support materials and services available to help you consider and check your assessment items. Important information about the university's approach to academic integrity of assessment is on your unit Blackboard site.

A breach of academic integrity is regarded as Student Misconduct and can lead to the imposition of penalties.

Resource materials

Prescribed Materials
CCH Core Tax Legislation and Study Guide CCH (current edition) OR Deutsch RL, Fundamental Tax Legislation, Thomson ATP Publishers, (current edition) OR equivalent legislation.

Recommended References
Barkoczy, Foundations of Taxation Law, CCH (current edition)
Coleman C et al, Australian Tax Analysis: Cases, Commentary, Commercial Applications and Questions, Thomson ATP Publishers, (current edition).
Deutsch, Friezer, Fullerton, Hanley, Snape, Australian Tax Handbook, Thomson ATP Publishers, (current edition).
Gilders, Taylor, Richardson and Walpole, Understanding Taxation Law - An Interactive Approach, LexisNexis Butterworths, (current edition).
Kenny P, Australian Tax, LexisNexis Butterworths, (current edition).
Kobetsky, O'Connell, Brown, Fisher and Peacock, Income Tax - Text, materials and essential cases, Federation Press (current edition)
Woellner, Vella and Burns, Australian Taxation Law, CCH, (current edition).

Risk assessment statement

There are no out of the ordinary risks associated with this unit.

Disclaimer - Offer of some units is subject to viability, and information in these Unit Outlines is subject to change prior to commencement of semester.

Last modified: 08-Jun-2012