Units
Introduction to Taxation Law
Unit code: LWB364
Contact hours: 3 per week
Credit points: 12
Information about fees and unit costs
This unit examines the principles relating to the powers of the Australian government to impose income tax. This includes concepts of residence of individual tax payers for taxation purposes and source of income. Students consider the distinction between income and capital as this relates to the imposition of income tax and the concept of deductions as a means of reducing taxable income. Taxation of capital gains particularly as this relates to a taxpayer's main residence, deceased estates and general transfers of assets is discussed in detail. The other major topic is a critical analysis of the need for the general anti-tax avoidance provisions and how they apply.
Availability
| Semester | Available |
|---|---|
| 2013 Semester 1 | Yes |
Sample subject outline - Semester 1 2013
Note: Subject outlines often change before the semester begins. Below is a sample outline.
Rationale
Taxation law is a fundamental part of general commercial practice. Therefore, knowledge of taxation legislation and its commercial application to the business environment is required. Awareness of the incidence of Commonwealth and State taxes, including income tax, capital gains tax and stamp duty is essential in order to give advice in relation to commercial and domestic transactions.
Aims
This unit aims to provide students with an overview of the Australian taxation system with an emphasis on problem solving and application to real world scenarios. The unit also aims to assist students in development of research and analysis skills relevant to taxation law.
Objectives
At the completion of this unit you should be able to:
(1) Critique the fundamental concepts relevant to the Australian taxation system, including the incidence of income, capital gains and other taxes.
(2) Resolve real world problems relating to taxation law through the application of appropriate research strategies and problem solving techniques.
(4) Explain the process by which taxation law is administered and describe the practical problems that arise in a taxation dispute.
(4) Distinguish between appropriate taxation planning mechanisms and tax evasion and avoidance.
(5) Discuss contemporary issues involved in a taxation system which operates in a volatile political, social and economic context.
(6) Effectively communicate, orally and in writing, legal concepts and solutions to real world corporate law problems.
Content
The material covered in this unit includes:
1. Concepts of residence and source
2. Basic concepts of income and capital gains tax
3. Deductions
4. Tax evasion and tax planning
5. Administrative provisions of the income tax legislation
6. Other taxes, including State tax, Goods and Services tax (GST) and Fringe Benefits tax (FBT)
Skills
1. Critical thinking and legal analysis.
2. Problem solving.
3. Oral and written communication.
4. Ethical orientation.
Graduate Capabilities
Your understanding of the unit content and the further development of these skills will assist you to acquire the following law graduate capabilities:
1. Discipline Knowledge
2 Problem Solving, Reasoning and Research;
3 Effective Communication;
4 Life Long Learning; and
5 Professional, Social and Ethical Responsibility.
Approaches to Teaching and Learning
This unit is a combination of content and skills that will develop your graduate capabilities. Therefore the unit is taught through a combination of podcast lectures to assist with your understanding of introductory taxation law; face-to-face (internal students) or online (external students) workshops to allow you to practise and develop your communication and legal problem solving skills; and other online materials that combine prescribed readings and questions to enable you to start evolving into an independent learner.
Study Guide
The Study Guide for the unit provides an outline of relevant content, prescribed readings and tutorial exercises for each week of semester.
Podcast lectures
This unit will have a short (½ hour) podcast lecture from weeks 1 to 13 which will supplement the workshop material and be made available through the unit's Blackboard site.
Workshops
Internal students will attend two hour weekly workshops which are timetabled for weeks 1-13. Workshop material will be provided online for external students.
External Attendance School
There is no External Attendance School in this unit.
Assessment
Assessment in this unit is both summative and formative.You will be provided formative assessment (feedback) on your understanding of taxation law and on your ability to demonstrate the graduate capabilities and skills being taught in this unit. In this unit you will receive formative feedback through:
1.Your tutor in relation to problem solving exercises during workshops (internal students) or online (external students)
2. Individual feedback on your Objection assessment and the CRA (all students).
3. Generic feedback on the unit's Blackboard site.
4. The option of private consultation with a member of the teaching team during student consultation.
Assessment name:
Object to Assess & Memo of Ad
Description:
Objection to Assessment and Memorandum of Advice: You are required to complete an objection to an assessment by the Australian Tax Office (ATO) using the ATO 'Objection form (tax professionals)' available at www.ato.gov.au and a covering Memorandum of Advice. The 'Reasons for Objection' section of the objection form should be 1,500-2,000 words in length. The remainder of the objection form must also be completed but is not included in the word count. The Memorandum of Advice should be 1,500-2,000 words in length. The maxium word limit on the 'Reasons for Objection' and Memorandum of Advice combined is 3,000 words.
Relates to objectives:
2, 3 & 6
Weight:
40%
Internal or external:
Both
Group or individual:
Group
Due date:
Week 7
Assessment name:
Examination
Description:
Open book on all of semesters work involving 2 questions.
Relates to objectives:
1, 2, 4-6
Weight:
60%
Internal or external:
Both
Group or individual:
Individual
Due date:
Central Exam Period
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:
Kobetsky M et al, Income Tax: Text, Materials and Essential Cases (The Federation Press, Sydney: 8th ed, 2011).
and
Core Tax Legislation and Study Guide CCH (current edition).
Recommended Reference Materials:
Coleman C et al, Australian Tax Analysis: Cases, Commentary, Commercial Applications and Questions, 7th ed, Thomson ATP Publishers, (current edition).
Deutsch RL, Fundamental Tax Legislation, Thomson ATP Publishers, (current edition).
Woellner, Vella and Burns, Australian Taxation Law, CCH, (current edition).
Barkoczy S, Australian Tax Casebook, CCH (current edition).
Kenny P, Australian Tax, LexisNexis Butterworths, (current edition).
Australian Tax Handbook, Thomson ATP Publishers, (current edition).
Fisher R, and HM Hodgson HM, Tax Questions and Answers, Thomson ATP Publishers, (current edition).
Blackboard Site
Online resources for this unit are available the unit blackboard site.
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: 09-Oct-2012
