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International Taxation in the US (LAWS70124)
Graduate coursework level 7Points: 12.5Not available in 2018
Overview
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This subject provides an overview of United States (US) income tax rules for cross-border investments, transactions, and other activities, with specific relevance for Australians investing into the US and for US persons investing into Australia. The subject will incorporate the latest developments in United States international tax rules. It will examine rules, regulations, and administrative practices with an emphasis on major case decisions relating to taxation of foreign persons in the US, taxation of US persons investing abroad, the foreign tax credit, controlled foreign corporations, transfer pricing, and US income tax treaties.
The subject will examine the rules contained in the US Internal Revenue Code (Title 26 of the United States Code), as well as regulations, rulings, and other documents produced by the US Treasury Department and the Internal Revenue Service.
Principal topics may include:
- Entity classification rules
- The definition of 'foreign' persons
- The economic substance doctrine
- Source rules
- Statutory rules for taxation of foreign persons
- Taxation of foreign operations of US persons
- US tax treaties
- The foreign tax credit
- Transfer pricing
- Foreign currency.
Intended learning outcomes
This subject provides a detailed understanding of US international tax rules for inbound and outbound investment, including:
- Taxation of portfolio and business cross-border investment
- Transfer pricing
- Thin capitalisation
- Cross-border mergers
- The foreign tax credit
- An introduction to the rules regarding controlled foreign corporations and foreign investment companies.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
Melbourne Law Masters Students: None
JD Students: Successful completion of the below subject:
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50046 | Taxation Law and Policy |
Semester 1 (On Campus - Parkville)
Semester 2 (On Campus - Parkville)
|
12.5 |
Corequisites
None
Non-allowed subjects
730746 International Aspects of US Income Tax
Recommended background knowledge
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
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
Take-home examination (5,000 - 6,000 words) (100%)
A minimum of 75% attendance is a hurdle requirement.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
Not available in 2018
Time commitment details
136-150 hours The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences.
Additional delivery details
This subject has a quota of 30 students. Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
Specialist printed materials will be made available free of charge from the Melbourne Law School prior to the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Graduate Diploma in Legal Studies Course Graduate Diploma in International Tax Course Graduate Diploma in Tax Course Juris Doctor Course Master of Commercial Law Course Master of International Tax Course Master of Laws Course Master of Tax Course Master of Public and International Law - Links to additional information
law.unimelb.edu.au
- 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.
- Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 3 November 2022