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This subject is an advanced study of the rules under the Australian income tax legislation and tax treaties for dealing with international tax avoidance. The subject builds on the basic principles studied in International Tax: Principles and Structure. The subject will include a detailed study of Australia’s anti-deferral rules (CFCs and transferor trusts), including their interactions and reconciliations. Other major BEPS issues to be examined in the Australian context include interest deductibility, cross-border tax arbitrage in relation to financial transactions, treaty shopping and taxation of digital transactions. The subject will critically examine the policy underlying Australia’s rules and evaluate whether their technical implementation achieves their policy objectives. There will be consideration of the ongoing reform of the rules, including international developments through the BEPS process. BEPS has the potential to redefine the rules for dealing with international tax avoidance and students working in international tax need to be aware of how these rules are being developed and reformed both globally and in Australia.
Principal topics include:
- Detailed study of Australia’s CFC and transferor trust rules
- Multinational anti-avoidance Law
- Diverted profits tax
- Interest deductibility
- Cross-border tax arbitrage in financing transactions
- Taxation of digital transactions
- Treaty shopping
- Exchange of information.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding of the tax law and policy relating to Australia’s rules for dealing with international tax avoidance
- 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 international tax avoidance
- Have a sophisticated appreciation of the factors and processes driving change in this area
- Have an advanced understanding of the latest developments and trends in the ongoing reform of international tax rules both globally and in Australia
- Have the cognitive and technical skills to generate critical and creative ideas relating to laws and policies dealing with international tax avoidance, and to evaluate them
- Have the cognitive and technical skills to independently examine, research and analyse the key elements and features of the tax law as it applies in the context of international tax avoidance
- Have the communication skills to clearly articulate and convey complex information regarding the various approaches to dealing with international tax avoidance 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 international tax avoidance.
Last updated: 18 December 2020