LAW 5219 Income Tax Law and Aspects of Company Law

Subject Cat-nbr Class Term Mode Description Units Campus
LAW 5219 44198 2, 2005 EXT Income Tax Law and Aspects of Company Law 1.00 Toowoomba

Academic group: FOBUS
Academic org: FOB010
Student contribution band: 3
ASCED code: 090911


Contents



STAFFING:

Examiner: Tom Delany
Moderator: James Mayanja




OTHER-REQUISITES:

Pre-requisite: Special approval from the Head of Department (Accounting) is required for enrolment in this course.



RATIONALE:

An understanding of the principles of Australian income taxation and company law are important to any person in business or providing accounting or financial services to business and to those seeking to practice as professional accountants. There would be no major business decision in Australia made without regard to the taxation implications. Similarly, in a corporate environment all major decisions would include a consideration of the associated tax and company law issues.





SYNOPSIS:

This course introduces students to the principles underlying the taxation of income and provides an appraisal of the operation of company law in Australia. Topics covered include the determination of assessable income, allowable deductions, capital gains tax, goods and services tax, calculation of tax payable, taxation of business entities, tax administration, and the general structure and principles of company law.





OBJECTIVES:

On successful completion of this course students will be able to:

  1. describe the legislative regulatory framework established by the Corporations Act in Australia;
  2. describe the general structure and principles of company law and how that law applies to key areas of accounting practice;
  3. identify the fundamental concepts associated with the taxation of income in Australia;
  4. explain the operation of Australian income tax legislation, decided cases and other tax authorities in determining a taxpayer's liability to taxation;
  5. apply the principles of taxation to factual situations; and
  6. identify and explain the legislative framework of goods and services tax in Australia and apply the law and factual situations.



TOPICS:


Description Weighting (%)
1. Overview of Australian corporate law (including the legislative framework, corporate law administration and role of the Australian Securities and Investments Commission).
5.00
2. Selected topics in company law (this module will highlight key areas of company law as it applies to accounting practice.
15.00
3. Concepts of assessable income (including legislative framework of taxation; residence and source; derivation; an introduction to international taxation; assessable income - ordinary and statutory; personal exertion, business and property income; trading stock; exempt income; other taxes and charges).
20.00
4. Allowable deductions (including general and specific deductions; timing of deductions; employment deductions; depreciation; substantiation; primary production; tax losses; superannuation; fringe benefits tax).
20.00
5. Capital gains tax (including assets; acquisitions and disposals; calculation of gains and losses; exemptions; consequences of death; composite assets; rollovers; entities including partnerships; special assets; CGT concessions).
10.00
6. Goods and services tax (including a discussion of the key features of the GST law, the liability to pay GST, registration, GST-free supplies, input taxed supplies, taxable supplies, creditable acquisitions, tax periods, transitional issues, specific transactions, compliance, the impact of GST on business and accounting for GST transactions).
10.00
7. Taxation of entities (including, the tax treatment of partnerships, companies, trusts, superannuation funds; tax planning; anti- avoidance).
8.00
8. Tax administration (including, self-assessment; returns; collection mechanisms; tax offences and penalties; assessments and amended assessments; record keeping; tax agents; Commissioner's rights of access and investigation).
6.00
9. Offsets/rebates, tax rates, medicare levy (including, concessional offsets/rebates; other offsets/rebates (including imputation and zones; calculation of tax payable by individuals, companies, trusts, superannuation funds; medicare levy; foreign tax credits; witholding taxes).
6.00


TEXT and MATERIALS required to be PURCHASED or accessed:

ALL textbooks and materials are available for purchase from USQ BOOKSHOP (unless otherwise stated). Orders may be placed via secure internet, free fax 1800642453, phone 07 46312742 (within Australia), or mail. Overseas students should fax +61 7 46311743, or phone +61 7 46312742. For costs, further details, and internet ordering, use the 'Textbook Search' facility at http://bookshop.usq.edu.au click 'Semester', then enter your 'Course Code' (no spaces).

2005, Australian corporations legislation, LexisNexis Butterworths, Chatswood, New South Wales.

2005, 2005 Australian tax handbook, Australian Tax Practice, Pyrmont, New South Wales.

Austin, R & Ramsay, I Ford's principles of corporations law, LexisNexis Butterworths, Chatswood, New South Wales.
(most recent edition of this text is required)

Barkoczy, S 2004, Australian tax casebook, 7th edn, CCH Australia Ltd, North Ryde, New South Wales.

Barkoczy, S, Nethercott, L & Morabito, V 2005, 2005 core tax legislation and study guide, CCH Australia Limited, Sydney.





REFERENCE MATERIALS:

Reference materials are materials that, if accessed by students, may improve their knowledge and understanding of the material in the course and enrich their learning experience.

CCH Tax Editors 2005, Australian master tax guide, CCH Australia Limited, North Ryde, New South Wales.
(also available electronically on USQ Library database, CCH Electronic Libraries: http://www.usq.edu.au/library/eservices/b-CCH.htm)

Morrison, D Taxation law in principle, Thomson ATP, Sydney, New South Wales.
(most recent edition)

Summers, J & Smith, B 2004, Communication skills handbook: how to succeed in written and oral communication, John Wiley & Sons Australia, Milton, Queensland.
(revised & updated edition)

Woellner, R, Barkoczy, S, Murphy, S & Evans, C Australian taxation law 2005, CCH Australia Ltd, North Ryde, New South Wales.
(most recent edition)





STUDENT WORKLOAD REQUIREMENTS:

ACTIVITY HOURS
Assessment 20.00
Directed Study 52.00
Private Study 93.00



ASSESSMENT DETAILS:

Description Marks out of Wtg(%) Due date
ASSIGNMENT 1 20.00 20.00 22 Aug 2005
ASSIGNMENT 2 100.00 20.00 03 Oct 2005
3 HOUR EXAMINATION 100.00 60.00 END S2 (see note 1)
NOTES:
1.
The examination is scheduled to be held in the end-of-semester examination period. Students will be advised of the official examination date after the timetable has been finalised.


IMPORTANT ASSESSMENT INFORMATION

  1. Attendance requirements:
    If you are an international student in Australia, you are advised to attend all classes at your campus. For all other students, there are no attendance requirements for this course. However, it is the students' responsibility to study all material provided to them or required to be accessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration.
  2. Requirements for students to complete each assessment item satisfactorily:
    To complete the examination satisfactorily, students must obtain at least 50% of the marks available for the examination.
  3. Penalties for late submission of required work:
    If students submit assignments after the due date without prior approval then a penalty of 20% of the total marks gained by the student for the assignment will apply for each working day late.
  4. Requirements for student to be awarded a passing grade in the course:
    To be assured of receiving a passing grade a student must submit all of the summative assessment items, achieve at least 50% in the examination and at least 50% of the available weighted marks for the summative assessment items.
  5. Method used to combine assessment results to attain final grade:
    The final grades for students will be assigned on the basis of the weighted aggregate of the marks (or grades) obtained for each of the summative assessment items in the course. Students who do not qualify for a Passing grade may, at the discretion of the Examiner, be awarded a Supplementary Examination and/or assigned additional work to demonstrate to the Examiner that they have achieved the required standard.
  6. Examination information:
    This is an open examination. Candidates may have access to any material during the examination except the following: electronic communication devices (eg mobile telephones, pagers), bulky materials, devices requiring mains power and material likely to disturb other students.
  7. Examination period when Deferred/Supplementary examinations will be held:
    Any Deferred or Supplementary examinations for this course will be held during the next examination period.
  8. University Regulations:
    Students should read USQ Regulations 5.1 Definitions, 5.6. Assessment, and 5.10 Academic Misconduct for further information and to avoid actions which might contravene University Regulations. These regulations can be found at the URL http://www.usq.edu.au/corporateservices/calendar/part5.htm. Students should also read the Faculty of Business Guide to Policies and Procedures of the Faculty which can be found at the URL http://www.usq.edu.au/handbook/current/buspolproc.html.

ASSESSMENT NOTES

1. Assignments: (i) The due date for an assignment is the date by which a student must despatch the assignment to the USQ. The onus is on the student to provide proof of the despatch date, if requested by the Examiner. (ii) If requested, students will be required to provide a copy of an assignment submitted for assessment purposes. This should be despatched to the USQ within 24 hours of receipt of a request being made. (iii) In accordance with University's Assignment Extension Policy (Regulation 5.6.1), the Examiner may grant an extension of the due date of an assignment in extenuating circumstances. If students submit assignments after the due date and wish to claim extenuating circumstances then they shall provide validated documentary evidence with the assignment, explaining the circumstances. The Examiner shall consider the statement accompanying a late assignment and decide on the outcome. (iv) Assignments are to be submitted in the appropriate assignment folders. (v) The Examiner will normally only accept assessments that have been written, typed or printed on paper-based media. (vi) The Examiner will not accept submission of assignments by facsimile. (vii) In the event that a due date for an assignment falls on a local public holiday in their area, such as a Show holiday, the due date for the assignment will be the next day. Students are to note on the assignment cover the date of the public holiday for the Examiner's convenience.
2. Course Weightings: Course weightings of topics should not be interpreted as applying to the number of marks allocated to questions testing those topics in an examination paper. The examination may test material already tested in assignments.
3. Deferred Work: Students who, for medical, family/personal, or employment-related reasons, are unable to complete an assignment or to sit for an examination at the scheduled time may apply to defer an assessment in a course. Such a request must be accompanied by appropriate supporting documentation. One of the following temporary grades may be awarded: IDS (Incomplete - Deferred Examination); IDM (Incomplete Deferred Make-up); IDB (Incomplete - Both Deferred Examination and Deferred Make-up).

OTHER REQUIREMENTS:

  1. Learning Resources: Prescribed text and materials (see above); prescribed reference materials (see above); printed Introductory Book, Study Book, Answer Book; CD (compact disc); and course Website accessible via USQConnect.
  2. E-mail and Internet Access: Students will require access to e-mail and Internet access to USQConnect for this course.
  3. Dishonest Actions: (i) Any student who is alleged to have performed a dishonest action relating to any assessment in the course will have a course of action taken against him/her as outlined in the Academic Regulations. (ii) Pieces of assessment should be the work of individual students. Joint pieces of assessment are not permitted unless written approval has been obtained from the Examiner. (iii) Dishonest action in relation to assessment includes: copying or attempting to copy the work of others; use of or attempting to use information prohibited from use in that form of assessment; submitting the work of another as your own; consciously committing acts of plagiarism, ie taking and using another's thoughts or writings as one's own with intent to deceive, which occurs when paragraphs, sentences, a single sentence or significant parts of a sentence which are copied directly, are not enclosed in quotation marks and appropriately footnoted or referenced in the text; direct quotations are not used, but text is paraphrased or summarised, and the source of the material is not acknowledged by footnoting or other reference in the text.