52199 INCOME TAX LAW AND ASPECTS OF COMPANY LAW

Year	No.	Offer	Mode	Description			Cred. Pts
97	52199 	S3  	X 	INCOME TAX & ASPECT CO LAW	1.00

Contents


STAFFING:

Examiner: T. DELANY
Moderator: J. MAYANJA
Instructional design: P. EVANS

RATIONALE:

An understanding of the principles of Australian income taxation and the operation of Corporations 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 unit 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, calculation of tax payable, taxation of business entities, tax administration and the general structure and principles of Corporations Law.


OBJECTIVES:

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

  1. Describe the legislative framework of Corporations Law in
    Australia.
  2. Describe the general structure and principles of the
    Corporations 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.

TOPICS:

 Description                                                    Weighting(%)
  1. Overview of Australian Corporations Law (including the 5.00 legislative framework, corporate law administration and the Australian Securities Commission)

  2. Selected topics in Corporations Law (this module will 15.00 highlight key areas of corporations law as it applies to accounting practice.

  3. Concepts of Assessable Income (Including, legislative 20.00 framework of taxation; residence and source; derivation; an introduction to international taxation; assessable income- general and specific; personal exertion, business and property income; trading stock; exempt income; other taxes and charges).

  4. Allowable Deductions (including, general and specific 20.00 deductions; timing of deductions; employment deductions; depreciation; substantiation; primary production; tax losses; superannuation; fringe benefits tax).

  5. Capital Gains Tax (including, assets; acquisitions and 10.00 disposals; calculation of gains and losses; exemptions; consequences of death; composite assets; rollovers; entities including partnerships; special assets).

  6. Offsets/Rebates, Tax Rates, Medicare Levy (including, 10.00 concessional offsets/rebates; other offsets/ rebates including imputation and zones; calculation of tax payable by individuals, companies, trusts, superannuation funds; calculation of tax with a capital gain; medicare levy; foreign tax credits; witholding taxes).

  7. Taxation of Entities (including, the tax treatment of 12.00 partnerships, companies, trusts, superannuation funds; tax planning; anti-avoidance).

  8. Tax Administration (including, self-assessment; returns; 8.00 collection mechanisms; tax offences and penalties; assessments and amended assessments; record keeping; tax agents; Commissioner's rights of access and investigation).


TEXT and MATERIALS to be PURCHASED:

Australian Corporations Legislation, CCH Australia Ltd or
Butterworths, North Ryde.

Ford, Austin, Ramsay, Ford's Principles of Corporations Law,
Butterworths, North Ryde.

1997, Income Tax Legislation, Australian Tax Practice, Sydney. OR
CCH Australia Limited. OR McLeod N, Passent J, O'Keefe B,
`Fundamental Tax Legislation', Australian Tax Practice, 1997 edn,
Sydney.

1997, Australian Tax Handbook, Australian Tax Practice, Sydney.

Barkoczy S, Australian Tax Casebook, CCH Australia Ltd, 2nd or 3rd
edn, North Ryde.


RECOMMENDED REFERENCE MATERIALS:

Lipton, Herzberg, Understanding Company Law, Law Book Company
Limited, North Ryde.

Australian Master Tax Guide, CCH Australia Ltd, North Ryde.

Woellner, Vella, Burns, Barkoczy, Australian Taxation Law, CCH
Australia Ltd, North Ryde.

Lehmann, Coleman, Taxation Law in Australia, Australian Tax
Practice, Sydney.

Coleman, Hart, Sekhon, Income Tax Analysis Cases, Questions and
Commercial Applications
, Australian Tax Practice, Sydney.


ASSESSMENT DETAILS:

No  *F/S Marks     Due        Description                              Wtg(%)    LBL
1   S    20.00     12/12/97  ASSIGNMENT ONE                            20.00     Y
2   S    20.00     12/01/98  ASSIGNMENT TWO                            20.00     Y
3   S    60.00     END S3    END OF SEMESTER EXAMINATION               60.00     N

*F=Formative, S=Summative

OTHER REQUIREMENTS:

1    TO  GAIN A PASSING GRADE IN THE UNIT A STUDENT MUST: a) obtain  a
     passing  mark  in aggregate for the unit's assessment  items,  b)
     obtain  a passing mark in the formal exam, AND C) submit  genuine
     attempts   for  the  following  MANDATORY  items  of  assessment;
     ASSIGNMENTS ONE and TWO.
2    Students  must  retain a copy of all pieces of  assessment  which
     must be produced if/when required by the lecturer.
3    LATE ASSIGNMENTS
3.1  All  assessments submitted after the due date (and  not  approved
     for  extension)  in  accordance with university  policy  will  be
     penalised 20% per working day.
3.2  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.
3.3  The  unit  examiner shall consider the statement  accompanying  a
     late assignment and decide on the outcome.
4    Assignments  not submitted in the appropriate assignment  folders
     will be deemed as not being received.
5    DISHONEST ACTIONS
5.1  Any student who is alleged to having performed a dishonest action
     relating  to  any assessment in the unit will have  a  course  of
     action   taken  against  him/her  as  outlined  in  the  Academic
     Regulations.
5.2  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 unit leader.
5.3  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.
6    DEFERRED EXAMINATIONS
6.1  Deferred examinations will be granted at the Dean's discretion in
     the  case of medical or compassionate circumstances having regard
     to  item  1. If a deferred examination has been granted  students
     shall  normally sit the deferred examination in the  semester  in
     which  the  unit  is  next offered, but no later  than  the  next
     semester  3  examination period. If, for  whatever  reason,  this
     deferred examination is not taken then the student will be graded
     `F'.
6.2  Medical  evidence  on  the  appropriate  University  of  Southern
     Queensland  medical certificate or doctor's certificate  must  be
     received  by  the Faculty Administrator no later than  twenty-one
     (21)  days after examination date. A medical certificate must  be
     dated  with the same date as the period of illness for which  the
     absence from examination is being sought and clearly indicate the
     student's  name  and, if possible, student number. (Retrospective
     medical  certificates will not be accepted for either  assignment
     work or examinations.)
6.3  A   student's  medical  condition  must  be  stated  clearly  (IN
     ENGLISH).   (Certificates  stating  a  student  has  a   'Medical
     Condition'  may  not  be  sufficient  grounds  for  deferment  of
     examination).  Medical evidence must cover the  student  for  the
     day(s) of the missed examination(s).
6.4  Requests must be in writing to the Faculty Administrator  clearly
     stating  the  student  name  and  number,  unit  number  of   the
     examination  missed due to illness and current address.  Deferral
     of  an  examination CANNOT be granted on an existing deferral  in
     that unit.
6.5  Requests  on  grounds  other than medical MUST  BE  supported  by
     documentation.
6.6  Students  who  have  a  medical  condition  on  the  day  of  the
     examination  are advised to obtain documentary evidence  and  NOT
     attempt  the  examination. If a student makes an attempt  at  the
     examination,  the  assessment item will be  marked  and  a  grade
     awarded.  In  these  cases, a student cannot, after  receiving  a
     'Fail'   grade,  request  a  deferred  examination   or   special
     consideration.
6.7  Students who have been granted deferred examinations will not  be
     granted a waiver of prerequisites, without the permission of  the
     Heads of Department, in subsequent semesters (if they do not have
     a passing grade).
7    Unit  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.
8    Mechanised erasers are not permitted in exam venues.
9    The  examination  is  OPEN  BOOK which means  that  students  are
     permitted  to  bring into the exam room and use  any  written  or
     printed  material.  Students will be allowed to  bring  a  quiet,
     battery-operated    non-programmable    calculator    into    the
     examination.   Dictionaries  are permitted  to  be  used  in  the
     examination.
10   Students  should also refer to the Faculty of Commerce 'Guide  to
     Policies  and Procedures' section of the University Handbook  for
     further information on the above matters.

This information is accurate as at 28/11/97