|Year of offer||2019|
|Subject level||Graduate coursework Level 7|
|Fees||Subject EFTSL, Level, Discipline & Census Date|
Globally, countries have negotiated more than 3,000 bilateral tax treaties and the number of treaties continues to grow. Tax Treaties provides an in-depth examination of international tax treaties, regarding both inbound and outbound investment. This subject uses the Organisation for Economic Co-operation and Development (OECD) Model Treaty and Commentary and examines important tax treaties of Australia and its major trading partners.
Associate Professor Michael Kobetsky has advised the United Nations (UN) and country governments on these issues. This lively, engaging and relevant subject equips students to deal with the most topical and advanced issues of international tax in the application and interpretation of tax treaties, including the meaning of permanent establishment and taxation of business profits, residence and source, the treatment of investment income, exchange of information and avoidance of double taxation.
Principal topics include:
- The role of tax treaties in preventing double taxation and tax avoidance
- Interpretation of tax treaties
- Relationship between tax treaties and domestic law
- Impact of tax treaties on investing in Australia
- Impact of tax treaties on investing overseas
- Entities and tax treaties
- The mutual agreement procedure
- Tax treaties and tax avoidance.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an integrated understanding of Australia’s tax treaties regarding both inbound and outbound investment
- Have a detailed understanding of tax treaty interpretation using the Organisation for Economic Co-operation and Development (OECD) Model Treaty and Commentary and the UN Model Tax Treaty and Commentary
- Be able to critically examine, analyse, interpret and assess the effectiveness of the tax treaty system and its underlying principles
- Be an engaged participant in the debate on the controversial issues in tax treaties such as the meaning of permanent establishment and taxation of business profits, residence and source, the treatment of investment income, exchange of information and avoidance of double taxation
- Have an understanding of the challenges in the application of tax treaties
- Have the cognitive and technical skills to critically evaluate tax treaty principles
- Have the communicative skills to articulate and express complex information on tax treaties to specialist and non-specialist audiences
- Be able demonstrate autonomy, judgment and responsibility as tax advisers in the field of tax treaties.