79021 International Aspects of Australian Taxation Law
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Credit points: 6 cp
Result type: Grade and marks
Requisite(s): 70110c Introduction to Law
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Description
This subject focuses on aspects of international tax planning. Although topics vary from time to time, they could include an analysis of the concept of residence and source of income, taxation of multinational staff, the taxation of offshore royalties, the operation of double tax arrangements, transfer pricing and anti-avoidance provisions and international tax planning.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | understand and distinguish the Australian tax treatment of returns on inward investment and returns on outward investment; |
|---|---|
| 2. | demonstrate a working knowledge of when and how the Australian capital gains tax provisions apply to foreign residents; |
| 3. | understand taxation principles involved in International Tax Agreements and how these operate to allocate taxing power between jurisdictions; |
| 4. | demonstrate a working knowledge of the operation of the antideferral rules that apply to offshore investment; |
| 5. | demonstrate a basic understanding of international tax planning and Australian tax anti-avoidance rules. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes:
- Legal Knowledge
A coherent understanding of fundamental areas of legal knowledge including the Australian legal system, social justice, cultural and international contexts and the principles and values of ethical practice. (1.0) - Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively including an ability to identify and articulate legal issues, apply reasoning and research, engage in critical analysis and make reasoned choices. (3.0) - Communication and Collaboration
Effective and appropriate communication skills including highly effective use of the English language, an ability to inform, analyse, report and persuade using an appropriate medium and message and an ability to respond appropriately. (5.0)
Content (topics)
- Residence and source
- Australian tax on incoming receipts
- Australian tax on outgoing payments
- CGT – international aspects
- International Tax Agreements (DTAs)
- Transfer pricing
- Anti-deferral rules
- Thin capitalisation
- Concessions for multi-national corporations
- Tax administration
Assessment
Assessment task 1: Class Participation
| Intent: | Tests legal analysis and interpretation to demonstrate understanding, and communication skills to explain application. |
|---|---|
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 5.0 |
| Weight: | 15% |
| Length: | No written component for leading class discussion on discussion questions. |
Assessment task 2: Assignment/research paper
| Intent: | Tests application of knowledge and understanding of principles |
|---|---|
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 5.0 |
| Weight: | 25% |
| Length: | 2500 words |
Assessment task 3: Final exam
| Intent: | Tests application of knowledge and understanding of principles |
|---|---|
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: 1.0 and 3.0 |
| Weight: | 60% |
Required texts
Students should have ANY ONE of the following texts:
Kobetsky et al, Income Tax: Text, Materials & Essential Cases, 2012, Federation Press
Australian Tax Handbook, 2013, Thomson Reuters
Woellner et al, Australian Taxation Law, 2013, CCH Australia Ltd
Coleman et al, Australian Tax Analysis, Thomson Reuters
Recommended texts
Students are required to have ready access to the following legislation:
Income Tax Assessment Act 1936 (C’th) (as amended).
Income Tax Assessment Act 1997 (C’th) (as amended).
International Tax Agreements Act 1953 (C’th) (as amended).
Taxation Administration Act 1953 (C’th) (as amended).
(Note: These Acts are contained in Thomson Reuters Australian Tax Legislation 2013 as well as CCH 2013 Australian Income Tax Legislation, and are available online.)
Other useful references
Australian Master Tax Guide, 2013, CCH
Krever, Australian Taxation Law Cases, Thomson Reuters
Barkoczy, Australian Tax Casebook, CCH
Fisher, Hodgson & Mortimer, Tax Questions & Answers, 2013, Thomson Reuters
Nethercott, Richardson & Devos, Australian Taxation Study Manusl, 2013, CCH
References
UTS Law Faculty Guide to Essay Writing (www.law.uts.edu.au/students/assessment/submitting.html) UTS Coursework Assessment Policy and Procedure Manual (http://www.gsu.uts.edu.au/policies/coursewkassess.html)
Other resources
Websites
Austlii - www.austlii.edu.au
CCHOnline - accessed through UTS library
Tax and Accounting Online (Thomson) - accessed through UTS library
ATO legal database - http://law.ato.gov.au/atolaw/index.htm
Taxation Institute - http://www.taxinstitute.com
Treasury site for tax treaties - http://www.treasury.gov.au/PublicationsAndMedia/Publications/2012/Aus-Tax-Treaties/HTML
