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76016 Advanced Revenue Law

Warning: The information on this page is indicative. The subject outline for a particular session, location and mode of offering is the authoritative source of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.

Subject handbook information prior to 2019 is available in the Archives.

UTS: Law
Credit points: 6 cp
Result type: Grade and marks

Requisite(s): 76212 Revenue Law AND 70517c Equity and Trusts
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 79606 Advanced Taxation Law

Description

This subject provides students with a comprehensive study of the Australian taxation system. By analysing key subject topics, students become proficient in applying taxation laws to real-life examples in the commercial world. Students consider competing taxation consequences of sole traders, companies, partnerships and trust, and how the choice of legal structure can impact taxes paid in the Australian economy. Students are immersed in income tax implications of trusts and corporate entities including consideration of debt and equity rules, Division 7A of the federal Income Tax Assessment Act 1936 and consolidation. Students also gain a sophisticated understanding of advanced capital gains tax (CGT) topics, including CGT exemptions, and international and small business CGT concessions. Students build on their knowledge acquired in 76212 Revenue Law, increase their practical knowledge of revenue law and apply their understanding to practical real-life examples.

Subject learning objectives (SLOs)

Upon successful completion of this subject students should be able to:

1. Distinguish between various legal entities and taxation consequences of sole traders, partnerships, trusts and companies resulting in an enhanced understanding of the choice of business structure and tax consequences in the context of providing advice to clients.
2. Critically evaluate and explain taxation law principles and administration in Australia in writing and orally.
3. Critically analyse the circumstances in which international taxation occurs in the Australian economy, including thin capitalisation, multinational transfer pricing, double tax agreements and controlled foreign corporations.
4. Discuss and provide written advice in relation to taxation rules and concessions.

Course intended learning outcomes (CILOs)

This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:

  • Legal Knowledge
    A coherent understanding of fundamental areas of legal knowledge, including the Australian legal system, social justice, cultural and international contexts and the principles and values of ethical practice (LAW.1.0)
  • Critical Analysis and Evaluation
    A capacity to think critically, strategically and creatively, including an ability to identify and articulate legal issues, apply reasoning and research, engage in critical analysis and make reasoned choices (LAW.3.0)
  • Communication and Collaboration
    Effective and appropriate communication skills, including highly effective use of the English language, an ability to inform, analyse, report and persuade using an appropriate medium and message and an ability to respond appropriately (LAW.5.0)

Teaching and learning strategies

Strategy 1: Preparation for seminars and tutorials

Preparation is essential to the effective practice of law. As a part of this subject, students are required to prepare for their classes by completing set readings prior to class, and considering solutions to tutorial questions made available on UTSOnline. Should students encounter any issues with the content of readings or tutorial questions, they are encouraged to engage and collaborate with peers and lecturers via the UTSOnline discussion board, which is monitored throughout the session.

Strategy 2: Practice-based learning via the provision of legal advice

Providing legal advice requires more than mere knowledge of law and application of facts; it reflects an ability to empathise with clients and assess how best to convey a hypothetical client’s legal options given the ramifications each option may have, financially, personally and emotionally. By providing legal advice to a hypothetical client and a senior lawyer, students learn how to communicate effectively and empathetically in a professional context, while mastering the critical analysis and legal research required to solve a hypothetical client’s legal problem.

Strategy 3: Legal problem solving

Solving legal problems is the essence of a lawyer’s work. Throughout the subject, students are encouraged to interpret and analyse legislation and cases, identifying relevant issues and applying relevant law in live revenue law scenarios. Prior to tutorials, students are required to critically analyse set problems and prepare their own responses. During tutorials, students collaborate with peers to improve their responses, challenging their creativity and critical analysis by assessing the problem from both sides of an adversarial dispute.

Strategy 4: Feedback

Feedback is provided throughout the subject to ensure students are able to improve their learning and approach to learning within the session. Feedback is provided by lecturers and peers via dynamic class participation in each tutorial, and active engagement on the UTSOnline Discussion Board. Students who have prepared thoroughly before class will be given an opportunity to gauge how effectively they have understood the law and issues. Cumulative feedback is provided to each assessment in the form of written and/or oral feedback by the marker. Students may also request individual feedback at any point. Feedback provided focuses on more than what the ‘right’ answer might be, but how the student might have approached the problem to come to the correct response in future.

Subject Delivery

The subject will be taught in intensive mode, with five all day seminars and four tutorials.

Lecture Recording Information

Audio or visual recording of classes for this subject is strictly prohibited unless written approval is sought and given in advance by the Subject Coordinator. Approval for audio or visual recording will usually be limited to medical or hardship reasons, and if approved, must be arranged by the student. Students may only use the audio or visual recording for private study purposes and (to avoid any legal action) permission must be obtained from the Subject Coordinator for any other usage. Given the interactive nature of classes, any student who does not wish to be recorded must advise the Subject Coordinator in advance otherwise permission from students is assumed.

Content (topics)

Topic 1- Choice of business structure
Topic 2 - Taxation of companies and members
Topic 3 - Taxation of partnerships and partners
Topic 4 - Taxation of trusts and beneficiaries
Topic 5 - Captial gains tax
Topic 6 - Aspects of international tax
Topic 7 - Tax aspects of superannuation
Topic 8 - Tax administration
Topic 9 - Tax planning, anti-avoidance and ethics

Assessment

Assessment task 1: Presentation and Tutorial Participation

Objective(s):

This task addresses the following subject learning objectives:

1, 2 and 3

This task contributes specifically to the development of the following graduate attributes:

LAW.1.0, LAW.3.0 and LAW.5.0

Weight: 25%
Length:

1,250 words (equivalent)

Criteria:
  • Confident, informed, articulate delivery of persuasive arguments, reflecting appropriate legal etiquette and engaging body language (for example, does not rely on merely reading from a prepared text) (SLO 1, 2, 3; GA 5.0)
  • Identification of relevant legal issues, supported by logical reasoning and a clear understanding of significance and context of the factual scenario or case (SLO 1, 2, 3; GA 1.0)
  • Well-structured presentation which gives proper weight to the most important aspects of the topic under discussion (for example, includes an effective introduction and conclusion) (SLO 1, 2, 3; GA 5.0)
  • Effective responds to and anticipates questions from peers and tutor, reflecting an ability to defend arguments or expand upon issues under pressure (SLO 1, 2, 3; GA 5.0)

Assessment task 2: Written Advice

Objective(s):

This task addresses the following subject learning objectives:

2, 3 and 4

This task contributes specifically to the development of the following graduate attributes:

LAW.1.0, LAW.3.0 and LAW.5.0

Weight: 30%
Length:

A: 1800 words

B: 700 words

Criteria:
  • Identification of relevant legal issues (SLO 2, 3 and 4; GA 1.0)
  • Legal issues interpreted correctly according to context (SLO 2, 3 and 4; GA 3.0)
  • Law cited (case law or legislation) applied correctly to the facts (SLO 2, 3 and 4; GA 3.0)
  • Persuasiveness, coherence and originality of arguments (SLO 2, 3 and 4; GA 5.0)
  • Consideration of counter-arguments (SLO 4; GA 3.0, 5.0)
  • Professionalism of tone; whether all ethical and regulatory considerations have been addressed (SLO 4; GA 5.0)
  • Clarity, structure, brevity, grammar (SLO 4; GA 5.0)
  • Correct citation according to the Australian Guide to Legal Citation (SLO 4; GA 5.0)

Assessment task 3: Formal examination (2 hours)

Objective(s):

This task addresses the following subject learning objectives:

2, 3 and 4

This task contributes specifically to the development of the following graduate attributes:

LAW.1.0, LAW.3.0 and LAW.5.0

Weight: 45%
Length:

2 hours: 2,250 words (equivalent)

Criteria:
  • Accurate identification of relevant legal issues, principles and facts (SLO 2, 3 and 4; GA 1.0, 3.0)
  • Correct application of relevant cases and legislation (SLO 2, 3 and 4; GA 3.0)
  • Persuasive application of law to facts (SLO 2, 3 and 4; GA 5.0)
  • Clarity of writing, structure, grammar and arguments (SLO 2, 3 and 4; GA 5.0)
  • Management of competing arguments; anticipation of counter-arguments (SLO 2, 3 and 4; GA 3.0, 5.0)

Required texts

Woellner R., Australian Taxation Law, 2018, UOP (28th ed)

Recommended texts

References:

Kobetsky M.et al, Income Tax: Text, Materials & Essential Cases, Federation Press
Deutsch R., Australian Tax Handbook, Thomson Reuters.
Coleman C. et al, Australian Tax Analysis, Thomson Reuters
Gilders F. et al, Understanding Taxation Law, LexisNexus
Kenny P., Australian Tax, LexisNexus
Australian Master Tax Guide, CCH


Legislation:

Fundamental Tax Legislation, Thomson Reuters
Core Tax Legislation and Study Guide, CCH
LexisNexus Concise Tax Legislation

Case books:
Australian Tax Casebook, CCH
Australian Taxation Law Cases, Thomson Reuters


Study guides:
Tax Questions and Answers, Fisher, Hodgson and Mortimer, Thomson Reuters
Australian Taxation Study Manual: Questions and Suggested Solutions, Nethercott, Richardson and Devos, CCH

Other resources

AustLII - http://www.austlii.edu.au/
Intelliconnect – CCH database accessed through UTS library site
Tax and Accounting – Thomson Reuters database accessed through UTS library site
ATO legal database - http://law.ato.gov.au/atolaw/index.htm
Taxation Institute of Australia - http://www.taxinstitute.com.au/