Capital Gains Tax: Problems in Practice (LAWS70081)

Graduate coursework level 7Points: 12.5On Campus (Parkville) and Online

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Overview

Availability(Quotas apply)
March - Online
October - On Campus
FeesLook up fees

This core tax subject examines the law, policy and structural features of capital gains tax (CGT) in Australia and considers and applies CGT rules in a number of different private and business contexts. The subject examines the operation of CGT in detail in the context of the treatment of information and goodwill, earn-outs, the application of CGT to non-residents, in relation to real estate transactions, litigation and the use of trusts and deceased estates.

Indicative list of principal topics:

  • The capital revenue distinction
  • Structure of the capital gains tax system and its interaction with other tax provisions
  • Selected CGT Events and their key concepts
  • The CGT treatment of information and goodwill
  • The CGT treatment of earn-outs
  • The application of CGT to non-residents
  • CGT rollovers
  • The small business CGT concessions
  • Capital gains tax problems in conveyancing and real estate development
  • Capital gains tax problems in compensation payouts
  • Capital gains tax problems in trusts and estates.

Intended learning outcomes

A student who has successfully completed this subject should be able to:



  • Explain and analyse the application of Australian capital gains rules as they apply to a range of circumstances commonly encountered in professional practice
  • Critically examine, analyse, interpret and apply the Australia capital gains rules
  • Critically explain the tax system design principles as they apply to the taxation of capital income
  • Discuss and debate the application of tax system design principles as they apply to the taxation of capital income
  • Examine, research and analyse the application of the Australian capital gains rules to taxpayer circumstances commonly encountered in professional practice
  • Articulately and persuasively convey complex information regarding the Australian capital gains rules to specialist and non-specialist audiences alike.

Last updated: 4 March 2025

Eligibility and requirements

Prerequisites

Students must meet one of the following prerequisite options:

Option 1

Admission into a relevant Melbourne Law Masters program

Option 2

Admission into the MC-JURISD Juris Doctor

AND

Code Name Teaching period Credit Points
LAWS50046 Taxation Law and Policy
Semester 2 (On Campus - Parkville)
Semester 1 (On Campus - Parkville)
 12.5

Corequisites

None

Non-allowed subjects

None

Recommended background knowledge

Applicants without legal qualifications should note that subjects are taught at an advanced graduate level and requires a thorough background in common law. While efforts are made to meet the needs of students trained in other fields, teaching and assessment activities are designed to give an advanced and integrated understanding of the discipline of law for legal practitioners, learners and researchers. 

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: 4 March 2025

Assessment

DescriptionTimingPercentage

Option 1 - Assessment 1: Assignment

  • 2000 words
2 Weeks after the end of teaching30%

Option 1 - Assessment 2: Take-home examination

  • 4000 words
March: 23 - 26 May 2025 | October: 7 -10 November70%

Option 2 - Research paper on a topic approved by the subject coordinator

  • 6000 words
March: 28 May 2025 | October: November 19 2025100%
Hurdle requirement: A minimum of 75% attendance is required.Throughout the teaching periodN/A

Additional details

Note: Students must choose assessment from the options listed above. If an option contains parts, all parts must be completed if that option is chosen.

Last updated: 4 March 2025

Quotas apply to this subject

Dates & times

  • March - Online
    Principal coordinatorMichael Flynn
    CoordinatorAnna Wilson
    Mode of deliveryOnline
    Contact hours34
    Total time commitment150 hours
    Pre teaching start date26 February 2025
    Pre teaching requirementsPlease 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 period26 March 2025 to 1 April 2025
    Last self-enrol date 3 March 2025
    Census date28 March 2025
    Last date to withdraw without fail 9 May 2025
    Assessment period ends13 June 2025

    March contact information

    Teaching staff:

    Michael Flynn (Subject Coordinator)
    Anna Wilson

    For current student enquiries, contact the Law School Academic Support Office

  • October - On Campus
    Principal coordinatorMichael Flynn
    CoordinatorAnna Wilson
    Mode of deliveryOn Campus (Parkville)
    Contact hours34
    Total time commitment150 hours
    Pre teaching start date10 September 2025
    Pre teaching requirementsPlease refer to Canvas LMS to check on the pre-class readings and preparatory learning activities before the teaching period commences.
    Teaching period 8 October 2025 to 14 October 2025
    Last self-enrol date15 September 2025
    Census date10 October 2025
    Last date to withdraw without fail21 November 2025
    Assessment period ends26 December 2025

    October contact information

    Teaching staff:

    Michael Flynn (Subject Coordinator)
    Anna Wilson

    For current student enquiries, contact the Law School Academic Support Office

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

Please refer to the Melbourne Law Masters enrolment webpage for further information about re-enrolment, 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: 4 March 2025

Further information

  • Texts

    Prescribed texts

    Specialist materials will be made available via the LMS in the pre-teaching period.

  • Related Handbook entries

    This subject contributes to the following:

    TypeName
    CourseMaster of Commercial Law
    CourseMaster of Laws
    CourseSpecialist Certificate in Tax
    CourseMaster of Tax
    CourseGraduate Diploma in Tax
    CourseGraduate Diploma in Laws
    CourseJuris Doctor
  • Links to additional information

    law.unimelb.edu.au

  • 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.

    Please note Single Subject Studies via Community Access Program is not available to student visa holders or applicants

    Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.

    Additional information for this subject

    If subject coordinator approval is required, or for further information about Community Access Program study, please contact us   

  • 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: 4 March 2025