International Tax: Advanced Topics (LAWS90017)

This subject extends the study of international tax from the fundamental principles covered in International Tax: Principles and Structure to a range of advanced topics affecting inbound and outbound investment by companies, other entities, and individuals. The subject examines tax design and policy as well as the technical operation of Australian tax law. Recurrent themes include international tax avoidance, counter-measures developed through the OECD/G20 Base Erosion and Profit Shifting (BEPS) Project, Australia’s legislative and treaty responses to BEPS, and the counterpoint of avoiding or relieving international double taxation. The subject includes a critical examination of the policies underlying Australia’s rules and whether their technical implementation achieves their policy objectives. It also considers the ongoing reform of international tax rules, particularly through the BEPS Project. BEPS reforms are redefining the rules for countering international tax avoidance. This subject enables scholars and practitioners working in international tax to be aware of how international tax rules are being developed and reformed both globally and in Australia.

Principal topics include:

• Australia’s CFC rules, studied in depth
• Transferor trust rules
• The multinational anti-avoidance law (MAAL)
• The diverted profits tax (DPT)
• Thin capitalisation rules
• Hybrid mismatch rules
• Tax treatment of unfamiliar or hybrid entities
• Treaty-related anti-avoidance rules
• Exchange of information and other administrative assistance between tax administrations