|Year of offer||2019|
|Subject level||Graduate coursework Level 7|
|Fees||Subject EFTSL, Level, Discipline & Census Date|
Globalisation is driving corporate tax systems closer together and often into conflict. For many tax practitioners, it is now not enough to know their own corporate tax system—they must grapple with and question the operation of other corporate tax systems. This subject seeks to develop an ability to understand and analyse any corporate tax system and assess its impact on corporate decision-making. With a dedicated textbook (written by the presenter), this subject compares a number of influential and archetypal corporate tax systems (both common law and civil law) and assesses their behaviour in the context of practical problems. For tax professionals, this subject develops an ability to ask direct and informed questions about a foreign corporate tax system and discuss that system at a high level with foreign tax professionals.
This subject will compare and analyse income tax law in selected countries (Australia, Germany, the US and the UK) and consider how these laws interface with corporate law. Other jurisdictions may also be covered briefly during the course and students are permitted to cover other countries in their research paper.
Principal topics include:
- Identification of entities (including hybrids) subject to corporation tax
- Corporate groups and service companies
- Debt versus equity and dividend relief
- Cross-border corporate income and dividends
- Gains/losses on the disposal of shares, takeovers and trading in loss companies
- Corporate formation, share buy-backs and liquidation
- Bonus issues, convertible notes, mergers and demergers.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding of the income tax law and policy of Australia as it relates to corporations and their shareholders compared with some of our major trading partners
- Be able to critically examine, analyse, interpret and assess the effectiveness of these laws and policies
- Be an engaged participant in debate regarding emerging and contemporary issues in the field of corporate tax
- Have a sophisticated appreciation of the factors and processes driving reform of the legal framework in the countries chosen for comparison
- Have an advanced understanding of the significance of the role of the courts in judicial approaches to taxation of corporations in the common law and other legal traditions
- Have a detailed understanding of the latest developments and trends in laws dealing with corporate taxation
- Have the cognitive and technical skills to generate critical and creative ideas relating to laws and policies dealing with corporate taxation, and to critically evaluate them
- Have the cognitive and technical skills to independently examine, research and analyse the key elements and features of corporate taxation from a comparative perspective
- Have the communication skills to clearly articulate and convey complex information regarding corporate taxation to relevant specialist and non-specialist audiences
- Be able to demonstrate autonomy, expert judgment and responsibility as a practitioner and learner in the field of comparative corporate taxation.
Eligibility and requirements
Melbourne Law Masters Students: None
JD Students: Successful completion of the below subject:
|Code||Name||Teaching period||Credit Points|
|LAWS50046||Taxation Law and Policy||
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.
Core participation requirements
The Melbourne Law Masters welcomes applications from students with disabilities. The inherent academic requirements for study in the Melbourne Law Masters are:
- The ability to attend a minimum of 75% of classes and actively engage in the analysis and critique of complex materials and debate;
- The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
- The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and to critically evaluate these;
- The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
- The ability to work independently and as a part of a group;
- The ability to present orally and in writing legal analysis to a professional standard.
Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact Student Equity and Disability Support.
- Take-home examination (5,000 - 6,000 words) (100%) (10 - 13 May)
- Research paper (8,000 - 10,000 words) (100%) (19 June) on a topic approved by the subject coordinator
A minimum of 75% attendance is a hurdle requirement.
Quotas apply to this subject
Dates & times
Principal coordinator Peter Harris Mode of delivery On Campus — Parkville Contact hours 24-34 hours Total time commitment 150 hours Pre teaching start date 27 February 2019 Pre teaching requirements 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. Teaching period 27 March 2019 to 2 April 2019 Last self-enrol date 31 January 2019 Census date 27 March 2019 Last date to withdraw without fail 10 May 2019 Assessment period ends 19 June 2019
March contact information
Additional delivery details
This subject has a quota of 30 students.
Enrolment is on a first come, first served basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of places in subjects will be given as follows:
- To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
- To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.
Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Specialist 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 International Law Course Master of Commercial Law Course Master of International Tax Course Juris Doctor Course Master of Law and Development Course Master of Public and International Law Course Master of Tax Course Graduate Diploma in Tax Course Graduate Diploma in International Tax Course Master of Laws Course Graduate Diploma in Legal Studies
- 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 firstname.lastname@example.org 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.