LLB347 Taxation Law

Unit Outline: Semester 1 2024, Gardens Point, Internal

Overview

Taxation law is a fundamental part of general commercial practice. Therefore, knowledge of taxation legislation and its commercial application to the business environment is required. Awareness of the incidence of Commonwealth taxes, including income tax, capital gains tax and fringe benefits tax, is essential in order to give advice in relation to commercial and domestic transactions. In addition to this knowledge of the taxation issues surrounding superannuation, companies, partnerships and trusts is essential for any aspiring tax professional. 

Learning Outcomes

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

1. Explain the process by which taxation law is administered and describe the practical problems that arise in a taxation dispute (CLO 1.1)
2. Critique the fundamental concepts relevant to the Australian taxation system, including the incidence of income, capital gains and other taxes(Course Learning Outcomes 1.1, 2.1,)
3. Resolve real world problems relating to taxation law through the application of appropriate research strategies and problem solving techniques (CLOs 1.1, , 2.1, , 3.1, 3.3)
4. Distinguish between appropriate taxation planning mechanisms and tax evasion and avoidance (CLOs 1.1, , 2.3, , 5.1)
5. Discuss contemporary issues involved in a taxation system that operates in a volatile political, social and economic context (CLOs 1.1, 1.4, 2.3)
6. Effectively communicate, orally and in writing, legal concepts and solutions to real world problems (CLOs 1.1, 2.1, 4.1)

Content

Learning Approaches

This unit employs an active and collaborative approach to learning. It involves an online, self-led learning practice and live workshops where you will learn from experts and your peers. Prior to live workshops, you will be supported and engaged in this unit through the delivery of weekly material, podcasts delivered by experts, interactive quizzes and formative learning activities, and collaborative discussions that will introduce a range of practical and theoretical perspectives.

Your participation in the unit will include: 

• Engagement with online materials 
• Discussions on Canvas and in live workshops
• Collaboration with peers and experts to network and share your understandings 

Feedback on Learning and Assessment

You will be provided formative assessment (feedback) on your understanding of taxation law and on your ability to demonstrate the graduate capabilities and skills being taught in this unit. In this unit you will receive formative feedback through:

• individual feedback on your Objection assessment and the CRA (all students)
• generic feedback on the unit's Canvas site
• the option of private consultation with a member of the teaching team during student consultation.

Assessment

Overview

Assessment in this unit is both summative and formative.

Unit Grading Scheme

7- point scale

Assessment Tasks

Assessment: Objection and Memorandum

Objection to Assessment and Memorandum of Advice: Acting as a taxation lawyer, you are will complete an objection to an assessment by the Australian Tax Office (ATO) using the ATO 'Objection form (tax professionals)' available at www.ato.gov.au and a covering Memorandum of Advice to be provided to your managing partner. The 'Reasons for Objection' section of the objection form should be 1000 words in length. The remainder of the objection form must also be completed but is not included in the word count. The Memorandum of Advice should be 1000 words in length. The maximum word limit on the 'Reasons for Objection' and Memorandum of Advice combined is 2000 words.

This assignment is eligible for the 48-hour late submission period and assignment extensions.

Assessment: Examination

Open-book exam.

Academic Integrity

Students are expected to engage in learning and assessment at QUT with honesty, transparency and fairness. Maintaining academic integrity means upholding these principles and demonstrating valuable professional capabilities based on ethical foundations.

Failure to maintain academic integrity can take many forms. It includes cheating in examinations, plagiarism, self-plagiarism, collusion, and submitting an assessment item completed by another person (e.g. contract cheating). It can also include providing your assessment to another entity, such as to a person or website.

You are encouraged to make use of QUT’s learning support services, resources and tools to assure the academic integrity of your assessment. This includes the use of text matching software that may be available to assist with self-assessing your academic integrity as part of the assessment submission process.

Further details of QUT’s approach to academic integrity are outlined in the Academic integrity policy and the Student Code of Conduct. Breaching QUT’s Academic integrity policy is regarded as student misconduct and can lead to the imposition of penalties ranging from a grade reduction to exclusion from QUT.

Resources

Resource Materials

Prescribed text(s)

Reference book(s)

Stephen Barkoczy, Australian Tax Casebook (Oxford University Press)

Risk Assessment Statement

There are no out-of-the-ordinary risks associated with this unit.