52130 TAXATION LAW

Year	No.	Offer	Mode	Description			Cred. Pts
98	52130 	S3  	X 	TAXATION LAW              	1.00

Contents


STAFFING:

Examiner: T. DELANY
Moderator: M. CRAWFORD
Instructional design: J. MC DONALD

PRE-REQUISITE(S)

52002+52005


RATIONALE:

An understanding of the principles of taxation is one of the most important and useful tools for anyone seeking advancement to senior management status in the corporate world, to those in accounting or financial services to business and to those seeking to be professional accountants or lawyers. It is also equally important for individuals in managing their personal affairs. There would be no major business decision in Australia, from the purchase of an item of plant to the overall organisation of a business structure, which is taken without regard to the taxation implications. Indeed, tax is often the motivating factor behind a decision or action. A study of taxation law involves not only an attainment of knowledge of the provisions of the various Tax Acts, but also a large volume of case law which has defined and/or clarified both the acts or general concepts not defined in the Acts, as well as the ability to apply this knowledge to factual situations.


SYNOPSIS:

In order to participate in the planning of a client's tax affairs it is necessary to understand the relevant sections of the appropriate Acts applicable to the transaction or entity structure. This unit primarily focuses on the Income Tax Assessment Act (ITAA). Topics covered include assessable income, residency, capital gains tax, allowable deductions, classes of taxpayers, calculation of tax payable and offsets/rebates of tax, and tax administration provisions and the taxation on Business entities. An outline is also given of other taxes levied in Australia under various other statutes making up the revenue base of the Government.


OBJECTIVES:

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

  1. Explain the general operation of the Income Tax Assessment Act
    and the basic concepts underlying its operation.
  2. Undertake an analysis of the income tax laws and apply the
    principles of taxation law to factual situations.

TOPICS:

 Description                                                    Weighting(%)
  1. The Legislative Scheme and Derivation of Income 8.00

  2. Concepts of Assessable Income (including residence & 24.00 source, introduction to international tax, assessable income general & specific and business income)

  3. Allowable Deductions - general and specific (including 20.00 introduction to FBT)

  4. Capital Gains Tax 12.00

  5. Offsets/Rebates, Tax Rates, Medicare Levy 10.00

  6. Taxation of Entities (partnerships, companies & trusts) 18.00

  7. Administrative Provisions (including anti-avoidance & tax 8.00 planning)


TEXT and MATERIALS to be PURCHASED:

McLeod N, Passant J, O'Keefe B, "Fundamental Tax Legislation"
(formerly `Essential Tax Legislation'), Australian Tax Practice, 1998
edn, North Ryde, (formerly LBC Information Services).

"1998 Australian Tax Handbook", Australian Tax Practice, 1998 edn,
North Ryde, (formerly LBC Information Services).

Barkoczy S, "Australian Tax Casebook", CCH Australia Limited, North
Ryde, 3rd edn, 1997.


RECOMMENDED REFERENCE MATERIALS:

Woellner, Vella and Burns, Australian Taxation Law, CCH Australia
Ltd, 1998.

Lehmann G, Coleman C, Taxation Law in Australia, 4th edn, Australian
Tax Practice, Sydney, 1996.

Grbich Y, Bradbrook A J, Pose K, Revenue Law Cases and Materials,
Butterworths, Sydney, 1990.

CCH Tax Editors, Australian Capital Gains Tax, Principles and
Practice
, CCH Australia, Sydney, 1992.

CCH Tax Editors, Master Tax Guide, CCH Australia Ltd, Sydney, 1998.

Coleman C, Hart G, Sekhon J, Income Tax Analysis: Cases, Questions
and Commercial Applications
, Australian Tax Practice, 1997.

Cooper G S, Deutsch R L, Krever R E, Income Taxation Commentary and
Materials
, (Latest Edition), Law Book Company, Sydney, 1993.

Greenbaum A, Krever R, Australian Income Taxation: A Concise
Casebook
, Law Book Company, Sydney, 1994.

Kobetsky M, Dirkis M, Krever R, Income Tax: Essential Cases and
Materials
, Federation Press, Sydney, 1997.

Cassidy J, Manual of Income Tax, Federation Press, Sydney, 1997.

Fayle R, Gilders F, Principles of Income Tax for Accountants, Harper
Educational, 1996.


STUDENT WORKLOAD REQUIREMENTS:

	ACTIVITY				HOURS
Directed Study                                	52
Private Study                                 	93
Assessments                                   	20

ASSESSMENT DETAILS:

No  *F/S Marks     Due        Description                              Wtg(%)    LBL WWW
1   S    100.00    04/12/98  CML TEST 1                                2.00      Y   N
2   S    100.00    18/12/98  CML TEST 2                                2.00      Y   N
3   S    100.00    04/01/99  CML TEST 3                                2.00      Y   N
4   S    100.00    08/01/99  ASSIGNMENT                                20.00     Y   N
5   S    100.00    15/01/99  CML TEST 4                                2.00      Y   N
6   S    100.00    22/01/99  CML TEST 5                                2.00      Y   N
7   S    100.00    END S3    3 HOUR EXAMINATION                        70.00     N   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;
     ASSIGNMENT AND CMLs
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  or   have   genuine
     compassionate  or  work  related  problems  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 04/11/98