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International Tax in the United States (LAWS90234)
Graduate courseworkPoints: 6.25Not available in 2023
To learn more, visit 2023 Course and subject delivery.
Overview
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US international tax law plays a central role in doing business in the US, and for US investors doing business in Australia. This intensive, applied subject provides tax professionals with an overview of the core rules and new developments in United States income tax for cross-border investments and transactions, in a changing US and global tax world.
The emphasis of the subject will be on equipping you with knowledge about the US Internal Revenue Code, regulations, administrative practices, treaties and leading case decisions on international tax, to support you in providing advice and managing disputes involving cross-border entities, transactions and investments with the United States.
Principal topics will include:
- US entity classification rules, including check-the-box, and the definition of “foreign” persons
- Statutory rules for taxation of foreign persons, and taxation of foreign operations of US persons
- The foreign tax credit
- Introduction to controlled foreign corporations
- Introduction to the US rules and key cases for transfer pricing
- Anti-abuse and the economic substance doctrine
- US income tax treaties, with a focus on the Australia-US treaty
- Latest developments and reforms in US international tax
Intended learning outcomes
A student who has successfully completed this subject will:
- Understand the general structure of US international tax rules
- Be able to apply the core elements of the US international tax rules to clients doing cross-border business with the United States
- Understand the US approach to anti-abuse in the Code, economic substance doctrine and treaties, and be able to analyse the potential risk of being exposed to US anti-abuse investigations
- Have an advanced understanding of the rationale and approaches for the US approach to global tax developments including minimum corporate tax and new approaches to taxing global MNEs
- Be able to communicate, orally and in writing an explanation, and detailed critical analysis of the relevant cases.
- Understand and be able to analyse the US engagemnet in the latest developments in tax law at a global level especially the G20-OECD BEPS Project and the Two-Pillar Solution
- Be able to apply new knowledge in advising clients who are doing business with the United States
- Understand the United States approach to tax treaties and be able to apply them in advice and analysis
Generic skills
- Legislative, regulation, treaty and case sources research and analysis skills in US international tax law
- The ability to understand US international tax policy and latest reforms, enabling application of tax law and treaties in advising clients
- Written communication skills of a high standard in applying tax law and treaties to problems.
Last updated: 31 January 2024
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
It is recommended that participants have completed at least two substantive subjects in international or corporate tax, in the MLM Tax or International Tax program or have equivalent professional experience in tax practice in the private sector, business or government.
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.
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 |
---|---|---|
Take-home examination
| 12 - 15 August 2022 | 100% |
Hurdle requirement: A minimum of 75% attendance. Note: the attendance hurdle does not apply when the subject is delivered online, however attendance at all live online sessions is expected. | Throughout the teaching period | 0% |
Last updated: 31 January 2024
Quotas apply to this subject
Dates & times
Not available in 2023
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 a quota of 30 students.
Enrolment is on a 'first in' basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of waitlisted 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.
Melbourne Law School may reserve places in a subject for incoming international cohorts or where a subject is core to a specialisation with limited alternate options.
Last updated: 31 January 2024
Further information
- Texts
Prescribed texts
Specialist materials will be made available via the LMS in the pre-teaching period.
- Links to additional information
- 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 law-masters@unimelb.edu.au for subject coordinator approval.
Last updated: 31 January 2024