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Transfer Pricing Disputes (LAWS90263)
Graduate courseworkPoints: 6.25Not available in 2024
Overview
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Transfer pricing litigation is a growing area of tax disputes, with both an Australian and OECD-level focus on addressing international profit shifting translating into action by the Commissioner.
This subject will heavily focus on the practical aspects of transfer pricing disputes. In this subject, students will step through the life cycle of a transfer pricing dispute from early advice to the client, to engaging with the Commissioner, and ultimately preparing the case for trial and potentially appeal. The specific challenges which may arise throughout the dispute will be addressed and their strategic implications considered, such as preparation of defence materials ahead of the transaction, the conduct of an audit including responding to notices in the transfer pricing context, developing the arguments and case theory, and preparing lay and expert evidence.
The subject will be presented with guest speakers, such as leading tax practitioners from private practice and government, and with insight from the corporate sector. This diversity presents a unique opportunity to benefit from various insights, perspectives and experiences.
Principal topics will include:
- Brief overview of the Australian transfer pricing regime and its context within the international BEPS project
- Early considerations in advising on transactions with a view to avoiding or preparing for future disputes
- The Commissioner’s audit process with a particular focus on information gathering powers in the transfer pricing context
- Evidence gathering – challenges for the Commissioner and for the taxpayer
- Preparing and responding to position papers
- The Mutual Agreement Procedure vs. Part IVC objection and appeal
- The role of expert economic advice and the ATO Economist Practice in transfer pricing disputes
- The approach of the courts to ‘reconstructing’ the subject transaction
- Interaction with integrity measures such as Part IVA and DPT.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have a practical understanding of the ways in which risk can be mitigated in transfer pricing transactions to avoid or prepare for future disputes
- Have an advanced understanding of the evidentiary issues and challenges relevant to transfer pricing disputes
- Be able to interpret and apply relevant recent case law to real life transfer pricing scenarios
- Be able to advise on procedural steps relevant to a transfer pricing dispute
- Have an overall appreciation of the overall strategic and practical conduct of transfer pricing disputes
- Be able to lead and present on current issues and challenges in transfer pricing disputes
Generic skills
- Have a practical understanding of how to engage with different stakeholders in a complex regulatory system, from law-makers to clients and other advisors.
- Have the communication skills to clearly articulate and convey complex information to specialist and non-specialist audiences in the private sector and in government.
- Practice advanced written communication skills in a complex statutory legal field.
- Have the communication skills to clearly articulate and convey complex information to specialist and non-specialist audiences in the private sector and in government.
Last updated: 31 January 2024
Eligibility and requirements
Prerequisites
| Code | Name | Teaching period | Credit Points |
|---|---|---|---|
| LAWS70203 | Transfer Pricing: Practice and Problems | March (Online) |
12.5 |
OR
Equivalent professional experience in tax practice in the private sector, business or government.
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
This subject has an Australian focus.
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 |
|---|---|---|
Class participation | Throughout the teaching period | 10% |
Leading discussion in class on a topic from the reading guide (to be allocated prior to the intensive)
| During the teaching period | 40% |
In-class two hour exam (essay question and practical advice 1000 words each)
| End of the teaching period | 50% |
Last updated: 31 January 2024
Quotas apply to this subject
Dates & times
Not available in 2024
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.
- 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.
Last updated: 31 January 2024