LAW 3131 Revenue Law and Practice II

Subject Cat-nbr Class Term Mode Description Units Campus
LAW 3131 54845 2, 2006 ONC Revenue Law and Practice II 1.00 Toowoomba

Academic group: FOBUS
Academic org: FOB010
Student contribution band: 3
ASCED code: 090901


Contents



STAFFING:

Examiner: Toni Brackin
Moderator: Tom Delany




REQUISITES:

Pre-requisite: LAW3130



SYNOPSIS:

The material covered in the course will build upon the subject matter dealt with in the course Revenue Law and Practice and students will be expected to have retained a working knowledge of material covered in that course. This course looks in detail at taxation issues not covered there in order to provide students with a greater understanding and knowledge of the Australian taxation system. Specifically it covers taxation of various business organisations, superannuation funds, and termination payments. It also examines Fringe Benefits Tax, International tax and the taxation of 'special' taxpayers such as primary producers.





OBJECTIVES:

The course objectives define the student learning outcomes for a course. The assessment item(s) that may be used to assess student achievement of an objective are shown in parentheses after each objective. On successful completion of this course, students should be able to:

  1. apply the principles of taxation of entities such as trusts, companies, partnerships and superannuation funds (Assignment, Examination)
  2. calculate the taxable income and apply appropriate rates of tax to the taxpayer in areas covered by the course (Assignment, Examination)
  3. explain the advantages and disadvantages of various entity structures in relation to taxation, for example, companies, trusts, partnership, superannuation funds (Assignment, Examination)
  4. articulate the tax implications of transactions which have international aspects (Assignment, Examination)
  5. explain the boundaries of legitimate tax planning and effects of Part IVA (Examination)
  6. explain and apply the special rules relating to the taxation of primary producers (Assignment, Examination)
  7. describe the system of taxing fringe benefits, and perform necessary calculations in relation to the imposition of FBT (Assignment, Examination)
  8. apply the technique of analysis of problems to tax law, including the application of the appropriate law to the problem and advising on the probable outcome (Assignment, Examination)
  9. demonstrate satisfactory skills in communication (Assignment, Examination).



TOPICS:


Description Weighting (%)
1. Partnerships
8.00
2. Trusts
17.00
3. Company and Shareholder Taxation
17.00
4. Fringe Benefits Tax
17.00
5. Primary Production and Special Taxpayers
8.00
6. Superannuation funds, termination payments, superannuation contributions
17.00
7. International Tax
8.00
8. Tax Planning, alienation of income, Part IVA
8.00


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).

LAW3131 study package available from the USQ Bookshop.

Barkoczy, S Australian tax casebook, CCH Australia Ltd, North Ryde, New South Wales.
(latest edition)

Barkoczy, S, Nethercott, L & Morabito, V 2006, 2006 core tax legislation and study guide, 9th edn, CCH Australia Ltd, North Ryde, New South Wales.

Deutsch, RL, Friezer, ML, Fullerton, IG, Gibson, MM, Hanley, PJ, Plummer, WS & Snape, TJ 2006, Australian tax handbook 2006, Australian Tax Practice, Pyrmont, New South Wales.





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.

Lehmann, G & Coleman, C 1998, Taxation law in Australia, 5th edn, Australian Tax Practice, Sydney.

Woellner, R, Barkoczy, S & Krever, R 2006, 2006 Australian taxation law, CCH Australia Ltd, North Ryde, New South Wales.





STUDENT WORKLOAD REQUIREMENTS:

ACTIVITY HOURS
Assessment 20.00
Lectures 26.00
Private Study 93.00
Tutorials or Workshops 26.00



ASSESSMENT DETAILS:

Description Marks out of Wtg(%) Due date
ASSIGNMENT 50.00 50.00 09 Oct 2006
2 HOUR EXAMINATION 50.00 50.00 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:
    It is the students' responsibility to attend and participate appropriately in all activities (such as lectures, tutorials, laboratories and practical work) scheduled for them, and 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 satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks. (Depending upon the requirements in Statement 4 below, students may not have to satisfactorily complete each assessment item to receive a passing grade in this course.)
  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 achieve at least 30% in all of the weighted assessment items, achieve at least 50% in the examination and at least 50% of the total weighted marks available for the course.
  5. Method used to combine assessment results to attain final grade:
    The final grades for students will be assigned on the basis of the aggregate of the weighted marks obtained for each of the summative assessment items in the course.
  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) Assignments must be submitted in the drop box located at the Faculty of Business reception area on level 4 of L-Block by 5:00PM on the due date. (ii) Students must retain a copy of each assignment submitted for assessment. This must be produced within 24 hours if required by the Examiner. (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. 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, that is, 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.

OTHER REQUIREMENTS:

  1. Learning resources: Prescribed texts and materials (see above); recommended reference materials (see above); printed Introductory Book*, Study Book/s* and Solutions Manual*; and course Website accessible via USQConnect. *part of the study package available from the USQ Bookshop