Australian Taxation Law
Be introduced to the fundamental common law principles and statutory provisions of assessable income and allowable deductions in relation to personal income and business affairs. Analyse at length capital gains tax and fringe benefits tax.
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Subjects may require attendance
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Upon successful completion of this subject you will be able to:
- demonstrate an advanced and integrated understanding of fundamental Australian taxation principles and the broader contexts in which these issues arise
- analyse and research complex problems relating to Australian Taxation Law
- demonstrate sophisticated cognitive skills in approaching legal issues relating to Australian Taxation Law and generate appropriate responses
- show effective, appropriate and persuasive communications; skills for legal and non-legal audiences through advising a hypothetical client.
- History and nature of equity
- Breach of confidence
- Fiduciary obligations and participatory liability
- Assignments in equity
- Equitable property rights
- Trusts: nature and classification
- Creation of express trusts
- Statutory formalities
- Trust certainties
- Trusts and powers
- Charitable trusts
- Trustees: duties and defences
- Trustees: rights
- Beneficiaries: rights/remedies
You are recommended to have completed the following subjects(s) or have equivalent knowledge before starting this subject:
No special requirements
The subject aims to provide lawyers with a sound understanding of the principles of taxation in relation to income tax. The subject considers the provisions of the Income Tax Assessment Acts of 1936 and 1997 and gives emphasis to the fundamental common law principles and statutory provisions that underlie the concepts of assessable income and allowable deductions, particularly as they apply to personal income and business affairs. The subject provides an in-depth analysis of the statutory provisions - Capital Gains Tax and Fringe Benefits Tax. The subject also provides an understanding of the jurisdictional issues of residence and source of income which are fundamental to all Australia’s international provisions. While the subject does not specifically analyse the Goods and Services Tax Act 2000 (GST), the impact of GST is considered in relation to areas of taxation law that are addressed in this subject.
Students undertaking the subject will further develop their legal skills in reading, understanding and applying complex and dynamic legislation, case materials and taxation rulings. This involves development of the student’s ability to analyse legal problems and to express ideas in a precise manner.
- Case Study (25%)
- Memorandum of Advice (25%)
- Open Book Invigilated Exam (50%)