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Taxation Law and Policy (LAWS50046)
Graduate coursework level 5Points: 12.5On Campus (Parkville)
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
Semester 1
Associate Professor Mark Burton, Coordinator
Email: law-aso@unimelb.edu.au
Phone: +61 3 8344 4475
Website: law.unimelb.edu.au
Semester 2
Email: law-aso@unimelb.edu.au
Phone: +61 3 8344 4475
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | Semester 1 Semester 2 |
---|---|
Fees | Look up fees |
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 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 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
- 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, an introduction to business entities 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 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 | Not available in 2024 |
12.5 |
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS90140 | Disputes and Ethics | Semester 2 (On Campus - Parkville) |
12.5 |
Code | Name | Teaching period | Credit Points |
---|---|---|---|
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
- 1-hour in-class supervised exam held during semester (30%);
- 2-hour final supervised exam held during the main examination period (70%).
More information on 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 coordinator Mark Burton Mode of delivery On Campus (Parkville) Contact hours 36 hours Total time commitment 144 hours Teaching period 4 March 2019 to 2 June 2019 Last self-enrol date 15 March 2019 Census date 31 March 2019 Last date to withdraw without fail 10 May 2019 Assessment period ends 28 June 2019 Semester 1 contact information
Associate Professor Mark Burton, Coordinator
Email: law-aso@unimelb.edu.au
Phone: +61 3 8344 4475
Website: law.unimelb.edu.au - Semester 2
Principal coordinator Miranda Stewart Mode of delivery On Campus (Parkville) Contact hours 36 hours Total time commitment 144 hours Teaching period 29 July 2019 to 27 October 2019 Last self-enrol date 9 August 2019 Census date 31 August 2019 Last date to withdraw without fail 27 September 2019 Assessment period ends 22 November 2019 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 120 students (60 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 materials will also be made available from Melbourne Law School.Additional text required for Semester 2 only:
Graeme Cooper, et al, Income Taxation: Commentary and Materials (Thomson Reuters, Latest Edition)
Recommended texts and other resources
John Taylor, et al, Understanding Taxation Law (LexisNexis, Latest Edition).
- Related Handbook entries
This subject contributes to the following:
Type Name Course Juris Doctor - 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