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The current and official versions of the course specifications are available on the web at http://www.usq.edu.au/course/specification/current.
Please consult the web for updates that may occur during the year.

LAW3131 Revenue Law and Practice II

Semester 2, 2019 Online
Short Description: Revenue Law and Practice II
Units : 1
Faculty or Section : Faculty of Business, Education, Law and Arts
School or Department : School of Law and Justice
Student contribution band : Band 3
ASCED code : 090901 - Business and Commercial Law
Grading basis : Graded
Version produced : 19 July 2019

Staffing

Examiner: Toni Chardon

Requisites

Pre-requisite: LAW3130

Other requisites

Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at http://www.usq.edu.au/current-students/support/computing/hardware.

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 providing 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. This course builds on the principles of taxation law set out in LAW3130 – Revenue Law and Practice and provides an opportunity to study advanced taxation law topics. By undertaking both LAW3130 and LAW3131 students will have satisfied the requirements of ‘a course in taxation law’ as required for admission to the Tax Practitioners Board of Australia.

Synopsis

The material covered in the course will build upon the subject matter dealt with in the course LAW3130 Revenue Law and Practice and students will be expected to have retained a working knowledge of material covered in that course. This course primarily deals with taxation issues not covered in LAW3130 in order to provide students with a greater understanding and knowledge of the Australian taxation system. Specifically it covers taxation of various business organisations (partnerships, trusts, companies); superannuation funds and termination payments; Fringe Benefits Tax; General and Specific Tax Avoidance rules; the ethical and professional responsibilities of tax agents; and some specialist tax topics including: international tax; the taxation of primary producers; advanced CGT issues; advanced GST issues; stamp duty; and payroll tax. By undertaking both LAW3130 and LAW3131 students will have satisfied the requirements of `a course in taxation law' as required for admission to the Tax Practitioners Board of Australia.

Objectives

On successful completion of this course, students should be able to:

  1. apply to factual scenarios the legal principles of taxation of trusts, companies, partnerships, superannuation funds, international transactions, stamp duty, primary production, special taxpayers, fringe benefits tax and superannuation as well as explain the advantages and disadvantages of the various entity structures covered in the course
  2. articulate and apply international and comparative perspectives of taxation to international transactions
  3. undertake ethical research and enquiry skills by explaining the boundaries of legitimate tax planning and the effects of Part IVA (and other anti-avoidance provisions)
  4. describe and apply the ethical and professional responsibilities of tax agents and their obligations under the Tax Agents Services Act 2009 (TASA) and the Tax Agents Services Regulations 2009 (TASR)
  5. apply academic and professional literacy skills (e.g. legal research, statutory interpretation and written communication) in both the assignment and examination
  6. analyse tax law scenarios, including the application of the appropriate law to the problem and advising on the likely outcome using problem solving and critical thinking skills.

Topics

Description Weighting(%)
1. Partnerships 9.00
2. Trusts 16.00
3. Company and shareholder taxation 16.00
4. Tax planning, alienation of income, part IVA 9.00
5. Specialist tax topics (international tax, taxation of primary producers, advanced CGT issues, advanced GST issues, selected State and Territory taxes including stamp duty and payroll tax) 18.00
6. Superannuation funds, termination payments, superannuation contributions 16.00
7. Fringe benefits tax 16.00

Text and materials required to be purchased or accessed

ALL textbooks and materials available to be purchased can be sourced from USQ's Online Bookshop (unless otherwise stated). (https://omnia.usq.edu.au/textbooks/?year=2019&sem=02&subject1=LAW3131)

Please contact us for alternative purchase options from USQ Bookshop. (https://omnia.usq.edu.au/info/contact/)

Krever, R 2019, Australian taxation law cases 2019: a guide to leading cases for commerce and law students, Thomson Reuters, Pyrmont, New South Wales.
Pinto, D, Kendall, K & Sadiq, K 2019, Fundamental tax legislation 2019, Thomson Reuters, Pyrmont, New South Wales.
Sadiq, K, Coleman, C, Hanegbi, R, Jogarajan, S, Krever, R, Obst, W, Ting, A & Teoh, J (eds) 2019, Principles of taxation law 2019, Thomson Reuters, Pyrmont, New South Wales.
Students should also have access to the following text ONLINE: Deutsch, RL, Friezer, ML, Fullerton, IG, Hanley, PJ & Snape, TJ 2018, Australian tax handbook 2018, Thomson Reuters, Pyrmont, New South Wales (available electronically via USQ Library Westlaw Au database at https://usq.primo.exlibrisgroup.com/discovery/fulldisplay?docid=alma991003809309704691&context=U&vid=61UOSQ_INST:61USQ&lang=en.

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.
Barkcozy, S, Foundations of taxation law, Oxford University Press, Australia (most recent edition).
Chow, M, Australian master tax guide, CCH Australia, Sydney, New South Wales (available electronically via USQ Library CCH IntelliConnect database at http://ezproxy.usq.edu.au/login?url=http://intelliconnect.wkasiapacific.com/scion/auth.jsp?wksso=false $zFull-text -- Australian content.
Coleman, C, Hart, G, Bondfield, B, McKerchar, M, McLaren, M, Sadiq, K & Ting, A, Australian tax analysis: cases, commentary commercial applications and questions, Thomson Reuters, Pyrmont, New South Wales (most recent edition).
Woellner, R, Barkoczy, S, Murphy, S & Evans, C, Australian taxation law, CCH Australia, North Ryde, New South Wales (most recent edition).

Student workload expectations

Activity Hours
Assessments 20.00
Directed Study 52.00
Private Study 93.00

Assessment details

Description Marks out of Wtg (%) Due Date Notes
ASSIGNMENT 50 50 23 Sep 2019 (see note 1)
EXAMINATION 50 50 End S2 (see Examination notes below)

Notes
  1. Client letter of advice and factual problem scenarios.

Examination
Description Marks out of Wtg (%) Notes
EXAM PART A - MULTIPLE CHOICE 25 25 (see exam note 1)
EXAM PART B - WRITTEN 25 25

Exam Notes
  1. This will be an open examination. The total working time for the examination (parts A and B) is 2 hours. The examination date will be available via UConnect when the official examination timetable has been released.

Important assessment information

  1. Attendance requirements:
    Online: 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.

    On-campus: 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:
    Students should refer to the Assessment Procedure http://policy.usq.edu.au/documents.php?id=14749PL (point 4.2.4)

  4. Requirements for student to be awarded a passing grade in the course:
    To be assured of receiving a passing grade a student must obtain at least 50% of the total weighted marks available for the course (i.e. the Primary Hurdle), and have satisfied the Secondary Hurdle (Supervised), i.e. the end of semester examination by achieving at least 40% of the weighted marks available for that assessment item.

    Supplementary assessment may be offered where a student has undertaken all of the required summative assessment items and has passed the Primary Hurdle but failed to satisfy the Secondary Hurdle (Supervised), or has satisfied the Secondary Hurdle (Supervised) but failed to achieve a passing Final Grade by 5% or less of the total weighted Marks.

    To be awarded a passing grade for a supplementary assessment item (if applicable), a student must achieve at least 50% of the available marks for the supplementary assessment item as per the Assessment Procedure http://policy.usq.edu.au/documents/14749PL (point 4.4.2).

  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 will be an open examination. Candidates may have access to any printed or written material and a calculator during the examination.

  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 Student Policies:
    Students should read the USQ policies: Definitions, Assessment and Student Academic Misconduct to avoid actions which might contravene University policies and practices. These policies can be found at http://policy.usq.edu.au.

Assessment notes

  1. Referencing in assignments:
    Students studying this course as part of a Bachelor of Laws or Juris Doctor must use the Australian Guide to Legal Citation (AGLC) style. Students who are not enrolled in either of these programs may use either Harvard (AGPS) or the Australian Guide to Legal Citation (AGLC) in their assignments to format details of the information sources they have cited in their work. For AGLC style guide enquiries, consult the AGLC manual from the USQ Library's referencing guide at http://www.usq.edu.au/library/referencing, or contact the Law librarian. The Harvard (AGPS) style to be used is defined by the USQ Library's referencing guide at http://www.usq.edu.au/library/referencing.