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Taxation Law and Policy (LAWS50046)

Graduate coursework level 5Points: 12.5On Campus (Parkville)

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Overview

Availability(Quotas apply)
Semester 1
Semester 2
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Taxation is at the heart of contemporary market economies as it is the most significant source of public finance and it is deliberately used to influence the allocation of resources within a community. Focusing upon the Commonwealth income tax, but with reference also to the tax system as a whole, this subject:

  • Explores the application of public finance principles to the framing of taxation law;
  • Examines key factors which shape a community’s taxation system; and
  • Develops core legal skills in the application of taxation law to common transactions.

Intended learning outcomes

Participants in this subject will critically examine, and master the practical application of:


  • The meaning of assessable income, including the treatment of capital gains;
  • Rules governing the recognition of expenditure and other amounts which are taken into account in determining the amount of income subject to tax;
  • Rules governing the time at which amounts of assessable income are recognised for taxation purposes;
  • The definition of taxable entities, with an introduction to the taxation treatment of partnerships, companies and trusts;
  • Basics of international taxation rules ;
  • Key elements of the rules with respect to the administration of the taxation law; and
  • The concepts of tax compliance, tax planning and tax avoidance, and the specific legislative rules which seek to limit the ability of taxpayers to avoid tax.

As well as the technical analysis of core elements of an income tax participants in this subject will be invited to explore connections between taxation and both other legal domains and other disciplines by reference to specific aspects of income taxation. This interdisciplinary aspect of the subject may include consideration of:


  • Key issues in tax reform with reference to current debates about funding government, and encouraging work and entrepreneurship;
  • Different interpretative theories discernible in the interpretations of taxation statutes adopted in primary and secondary materials; and
  • The relevance of psychology, public administration, criminology and sociology to the management of a tax system, bearing in mind the imperative of procuring a community’s voluntary compliance with tax law.

Generic skills

Students who successfully complete this subject will:

  • Have a detailed understanding of:
    • The principles of public finance which inform taxation law;
    • The Australian income tax framework, and be able to analyse and apply core income tax rules to a range of transactions; and
    • Key issues in tax planning including strategic issues in considering the options available, an introduction to business entities, tax planning and anti-avoidance rules.
  • Fully appreciate the importance of the socio-political context in shaping taxation law, tax administration and taxpayer behaviour; and
  • Fully appreciate that the application of taxation law is not always certain, and be aware of strategies and avenues for managing this tax risk, from the perspective of a taxpayer client, and also from the perspective of the tax administrator.

Last updated: 3 November 2022

Eligibility and requirements

Prerequisites

Successful completion of all the below subjects:

Code Name Teaching period Credit Points
LAWS50023 Legal Method and Reasoning
Summer Term (On Campus - Parkville)
 12.5
LAWS50024 Principles of Public Law
Semester 1 (On Campus - Parkville)
 12.5
LAWS50026 Obligations
Semester 1 (On Campus - Parkville)
 12.5
LAWS50027 Dispute Resolution
Semester 1 (On Campus - Parkville)
 12.5
LAWS50029 Contracts
Semester 2 (On Campus - Parkville)
 12.5

This subject requires students to have completed, or have a concurrent enrolment in, the below subject:

Code Name Teaching period Credit Points
LAWS50030 Property
Semester 1 (On Campus - Parkville)
 12.5

Corequisites

None

Non-allowed subjects

None

Inherent requirements (core participation requirements)

The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.

Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home

Last updated: 3 November 2022

Assessment

Additional details

  • A one-hour in-class exam (30%);
  • A two-hour final exam (70%).

The due date of the above assessment will be available to students via the Assessment Schedule on the LMS Community.

Last updated: 3 November 2022

Quotas apply to this subject

Dates & times

  • Semester 1
    Principal coordinatorMark Burton
    Mode of deliveryOn Campus (Parkville)
    Contact hours36 hours
    Total time commitment144 hours
    Teaching period26 February 2018 to 27 May 2018
    Last self-enrol date 4 December 2017
    Census date31 March 2018
    Last date to withdraw without fail 4 May 2018
    Assessment period ends22 June 2018

    Semester 1 contact information

    Email: law-aso@unimelb.edu.au
    Phone: +61 3 8344 4475
    Website: law.unimelb.edu.au

  • Semester 2
    Principal coordinatorMiranda Stewart
    Mode of deliveryOn Campus (Parkville)
    Contact hours36 hours
    Total time commitment144 hours
    Teaching period23 July 2018 to 21 October 2018
    Last self-enrol date 4 December 2017
    Census date31 August 2018
    Last date to withdraw without fail21 September 2018
    Assessment period ends16 November 2018

    Semester 2 contact information

    Email: law-aso@unimelb.edu.au
    Phone: +61 3 8344 4475
    Website: law.unimelb.edu.au

Time commitment details

144 hours

Additional delivery details

This subject has a quota of 180 students (120 students in semester 1 and 60 students in semester 2). Your subject enrolment will not be confirmed until the selection process has been run. Selection is conducted on a random basis with outcomes communicated to students shortly after re-enrolment closes. Please refer to the Melbourne Law School website for more information on the JD Quota Elective selection process.

Last updated: 3 November 2022

Further information

  • Texts

    Prescribed texts

    • Single volume of edited Taxation Legislation, being the latest edition of one of:
      • Australian Tax Practice, Fundamental Tax Legislation (Kendall and Pinto eds.);
      • OR CCH Core Tax Legislation and Study Guide (Barkoczy, ed.);
      • OR LexisNexis Concise Tax Legislation (Kenny, ed.).
    • Specialist printed materials will also be made available from the Melbourne Law School.

    Additional text required for semester 2 only:

    • Graeme Cooper, et al, Income Taxation: Commentary and Materials (Thomson Reuters, 2017 ed.) Semester 2.

    Recommended texts and other resources

    • John Taylor, et al, Understanding Taxation Law (LexisNexis, Latest Edition).
  • Related Handbook entries

    This subject contributes to the following:

    TypeName
    CourseJuris Doctor
  • Available through the Community Access Program

    About the Community Access Program (CAP)

    This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.

    Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.

    Additional information for this subject

    If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.

Last updated: 3 November 2022