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Capital Gains Tax: Problems in Practice (LAWS70081)
Graduate coursework level 7Points: 12.5Online and On Campus (Parkville)
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable (login required)(opens in new window)
Contact information
April
Lecturers
Michael Flynn (Coordinator)
Anna Wilson
Email: law-masters@unimelb.edu.au
Phone: 13 MELB (13 6352), International: +(61 3) 9035 5511
Website: law.unimelb.edu.au
Semester 2
Lecturers
Michael Flynn (Coordinator)
Anna Wilson
Email: law-masters@unimelb.edu.au
Phone: 13 MELB (13 6352), International: +(61 3) 9035 5511
Website: law.unimelb.edu.au
Overview
| Availability(Quotas apply) | April - On Campus Semester 2 - Online |
|---|---|
| Fees | Look 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.
Principal topics include:
- 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: 31 January 2024
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 1 (On Campus - Parkville) |
12.5 |
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
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
April
| Description | Timing | Percentage |
|---|---|---|
Option 1 - Assessment 1: Assignment
| due 2 weeks after the teaching period: 1 May 2024 | 30% |
Option 1 - Assessment 2: Take-home examination
| 14 - 17 June 2024 | 70% |
Option 2 - Research paper on a topic approved by the subject coordinator
| 12 June 2024 | 100% |
| Hurdle requirement: A minimum of 75% attendance is required. | Throughout the teaching period | N/A |
Semester 2
| Description | Timing | Percentage |
|---|---|---|
Option 1 - Assessment 1: Assignment
| Week 9 | 30% |
Option 1 - Assessment 2: Take-home examination
| 8 - 11 November 2024 | 70% |
Option 2 - Research paper on a topic approved by the subject coordinator
| 13 November 2024 | 100% |
| Hurdle requirement: A minimum of 75% attendance is required. | Throughout the teaching period | N/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: 31 January 2024
Quotas apply to this subject
Dates & times
- April - On Campus
Principal coordinator Michael Flynn Coordinator Anna Wilson Mode of delivery On Campus (Parkville) Contact hours Total time commitment 150 hours Pre teaching start date 13 March 2024 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 April 2024 to 16 April 2024 Last self-enrol date 18 March 2024 Census date 11 April 2024 Last date to withdraw without fail 10 May 2024 Assessment period ends 17 June 2024 April contact information
Lecturers
Michael Flynn (Coordinator)
Anna WilsonEmail: law-masters@unimelb.edu.au
Phone: 13 MELB (13 6352), International: +(61 3) 9035 5511
Website: law.unimelb.edu.au - Semester 2 - Online
Principal coordinator Michael Flynn Coordinator Anna Wilson Mode of delivery Online Contact hours Total time commitment 150 hours Teaching period 22 July 2024 to 20 October 2024 Last self-enrol date 2 August 2024 Census date 2 September 2024 Last date to withdraw without fail 20 September 2024 Assessment period ends 15 November 2024 Semester 2 contact information
Lecturers
Michael Flynn (Coordinator)
Anna WilsonEmail: law-masters@unimelb.edu.au
Phone: 13 MELB (13 6352), International: +(61 3) 9035 5511
Website: law.unimelb.edu.au
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.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Master of Commercial Law Course Master of Laws Course Graduate Diploma in Tax Course Juris Doctor Course Master of Tax - 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.
- 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