Handbook home
Taxation Law and Policy (LAWS50046)
Graduate coursework level 5Points: 12.5On Campus (Parkville)
To learn more, visit 2023 Course and subject delivery.
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 July |
---|---|
Fees | Look up fees |
Taxation is at the heart of public finance in Australia, as in other nation states with market economies. Taxation is the most significant source of revenue to finance government and it has a significant effect on all individuals and businesses because it is used to deliver distributive justice and to influence the allocation of resources in the economy.
This subject:
- examines Australia’s tax system and the principles of public finance, with a focus on the income tax law, Australia’s most important tax;
- explores contemporary tax reform debates in the context of public finance principles;
- develops legal and analytical skills in the interpretation and application of the income tax law to widely relevant transactions of individuals and businesses; and
- identifies the sociopolitical factors which shape the tax law and its connection with other areas of law and other disciplines, especially economics and social sciences.
Intended learning outcomes
Participants in this subject will develop the capability to do critical analysis of Australia’s tax law in its sociopolitical context, including by applying public finance principles and interpretive theories of law. Participants will master the application of the income tax statute, cases and administrative guidance concerning:
- assessable income, including the treatment of capital gains;
- allowable deductions, or other recognition of expenditure and losses;
- the time at which income or deductions are recognised;
- an introduction to the tax treatment of intermediary entities including partnerships, companies and trusts;
- key elements of international tax jurisdiction;
- key elements of the rules for administration of taxation law; and
- tax compliance, planning and avoidance, including anti-avoidance rules.
Generic skills
Students who successfully complete this subject will:
- have an understanding of the core principles of public finance and be able to critically analyse the taxation law applying these principles;
- be capable of interpreting and applying in a detailed and nuanced manner Australian income tax law to a range of widely relevant transactions;
- be capable of identifying strategic issues in tax planning including the importance of timing, use of entities and approaches to compliance and avoidance;
- fully appreciate the importance of the sociopolitical context in shaping taxation law, tax administration and taxpayer behaviour; and
- be equipped to address uncertainty and risk in the application of taxation law from the perspective of a taxpayer and the tax administrator.
Last updated: 31 January 2024
Eligibility and requirements
Prerequisites
All of
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 |
LAWS50029 | Contracts | Semester 2 (On Campus - 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 (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: 31 January 2024
Assessment
Description | Timing | Percentage |
---|---|---|
Written Assignment
| Semester 1: mid-semester July: as per assessment schedule | 25% |
Supervised examination
| Semester 1: during the exam epriod July: one week after the end of teaching (see assessment schedule) | 75% |
Additional details
The due date of the above assessment(s) will be available to students via the Assessment Schedule on the LMS Community.
Last updated: 31 January 2024
Quotas apply to this subject
Dates & times
- Semester 1
Coordinators Monica Hope and Miranda Stewart Mode of delivery On Campus (Parkville) Contact hours Students are expected to attend all sessions whether participating on-campus or remotely. Total time commitment 144 hours Teaching period 27 February 2023 to 28 May 2023 Last self-enrol date 10 March 2023 Census date 31 March 2023 Last date to withdraw without fail 5 May 2023 Assessment period ends 23 June 2023 - July
Coordinators Monica Hope and Miranda Stewart Mode of delivery On Campus (Parkville) Contact hours Total time commitment 144 hours Pre teaching start date 26 June 2023 Pre teaching requirements Please refer to the Reading Guide on the LMS subject page for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 10 July 2023 to 20 July 2023 Last self-enrol date 28 June 2023 Census date 14 July 2023 Last date to withdraw without fail 28 July 2023 Assessment period ends 18 August 2023
Time commitment details
144 hours
What do these dates mean
Visit this webpage to find out about these key dates, including how they impact on:
- Your tuition fees, academic transcript and statements.
- And for Commonwealth Supported students, your:
- Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.
Additional delivery details
This subject has an enrolment quota of 60 students per offering.
All timely JD elective enrolments are subject to a selection process, which the Academic Support Office will perform after the timely re-enrolment period ends. Late self-enrolment is on a first-in basis up to quota.
Please refer to the Melbourne Law School website for further information about the management of subject quotas.
Last updated: 31 January 2024
Further information
- Texts
Prescribed texts
Graeme Cooper, Michael Dirkis, Miranda Stewart, Richard Vann, Income Taxation: Commentary and Materials (Thomson Reuters, latest edition)
Taxation Legislation, either accessed online or by purchasing a single volume of edited 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.)
-
Recommended texts and other resources
Miranda Stewart, Tax and Government in the 21st Century (Cambridge University Press, 2022)
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: 31 January 2024