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Taxation Law and Policy (LAWS50046)
Graduate coursework level 5Points: 12.5Online
Please refer to the return to campus page for more information on these delivery modes and students who can enrol in each mode based on their location.
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
Overview
Availability(Quotas apply) | Semester 1 - Online |
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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
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.
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.
- tax compliance, tax planning and tax avoidance, and the specific legislative rules which seek to limit the ability of taxpayers to avoid tax.
The 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.
- 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
All of
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50023 | Legal Method and Reasoning | Summer Term (Dual-Delivery - Parkville) |
12.5 |
LAWS50024 | Principles of Public Law | Semester 1 (Dual-Delivery - Parkville) |
12.5 |
LAWS50026 | Obligations | Semester 1 (Dual-Delivery - Parkville) |
12.5 |
LAWS50029 | Contracts | Semester 2 (Dual-Delivery - Parkville) |
12.5 |
AND
One of
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50027 | Dispute Resolution | Not available in 2024 |
12.5 |
LAWS90140 | Disputes and Ethics | Semester 2 (Dual-Delivery - Parkville) |
12.5 |
AND
Note: the following subject/s can also be taken concurrently (at the same time)
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50030 | Property | Semester 1 (Dual-Delivery - 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
Description | Timing | Percentage |
---|---|---|
Written Assignment
| Mid semester | 30% |
Take-home examination
| During the examination period | 70% |
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
- Semester 1 - Online
Coordinators Mark Burton and Miranda Stewart Mode of delivery Online Contact hours 36 hours Total time commitment 144 hours Teaching period 1 March 2021 to 30 May 2021 Last self-enrol date 12 March 2021 Census date 31 March 2021 Last date to withdraw without fail 7 May 2021 Assessment period ends 25 June 2021
Time commitment details
144 hours
Additional delivery details
Class 1: Miranda Stewart
Class 2: Mark Burton
This subject has an enrolment quota of 120 students (two streams of 60 students).
All timely JD elective nominations are subject to a selection process, which the Academic Support Office will perform after the timely re-enrolment period ends.
Please refer to the Melbourne Law School website for further information about the management of subject quotas.
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 be made available via the LMS.
- Class 1 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).
- Single volume of edited Taxation Legislation, being the latest edition of one of:
- 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