Outline

Overview

This unit introduces the Australian income tax system by exploring the operation of the tax statutes (and cases interpreting them), the underlying principles that those laws seek to implement, and fundamental issues in tax policy. The topics covered include the concept and categories of income; the calculation and treatment of capital gains; the taxation of remuneration including fringe benefits; business income; deductions; the basics of trading stock accounting and depreciation; an introduction to the taxation of partnerships, trusts and companies; the tax assessment process; the Goods and Services Tax; legislative responses to tax avoidance; and the ethical responsibilities of tax advisers. This unit is a prerequisite for Advanced Taxation Law.

Unit details and rules

Academic unit	Law
Credit points	6
Prerequisites ?	None
Corequisites ?	None
Prohibitions ?	LAWS5112
Assumed knowledge ?	None
Available to study abroad and exchange students	Yes

Teaching staff

Coordinator	Celeste Black, celeste.black@sydney.edu.au

Type	Description	Weight	Due	Length
Final exam (Take-home short release)	Final take-home exam (70% or 100%) 2 hours (plus 30 minutes reading time) take-home exam	0%	Formal exam period	2 hours
Outcomes assessed:
In-semester test (Take-home short release)	Optional mid-semester test (30%) 1 hour (plus 30 minutes reading time) take-home test	0%	Week 07 Due date: 23 Apr 2021 at 15:30	1 hour
Outcomes assessed:
= Type D final exam ? = Type D in-semester exam ?

Assessment summary

The mid-semester test is optional. It will be held on Friday 23 April 2021, commencing at 15:30 (3:30pm) and concluding at 17:00 (5.00pm) AEST. It is a one hour (plus 30 minutes reading time) open book test consisting of short answer questions. If you choose to take the test, it will be worth 30% of your final mark for this unit of study. Topics up to and including Topic F (business income) are examinable in this test unless advised otherwise. A strict word limit of 1500 words applies to this test. Any words beyond this limit will not be read or marked.

The final take-home exam is worth 70% of your marks if you have taken the mid-semester test or 100% if you do not take the test. The final exam will be a 2 hour (plus 30 minutes reading time) open book exam consisting of problem questions. All topics and materials covered in the seminars are examinable. A strict word limit of 3000 words applies to this exam. Any words beyond this limit will not be read or marked.

Strict submission deadlines apply to both assessment tasks. Late submissions will not be accepted.

More details regarding the assessment tasks will be provided on Canvas.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name	Mark range	Description
High distinction	85 - 100	Completely answers the question. Contains striking originality of approach or analysis. Demonstrates exhaustive or innovative research (where independent research required). Exceptionally well written, structured and expressed. Is otherwise exceptional in some way.
Distinction	75 - 84	Completely answers the question. Achieves a critical and evaluative approach to the issues. Content and structure is well organised in support of the argument. Demonstrates extensive research and analysis to support a well-documented argument. Generally well expressed and free from errors. Has a clear structure and is well articulated.
Credit	65 - 74	Covers main issues fairly well in answering the question. Contains no significant errors. Demonstrates an attempted critical approach to the issues. Demonstrates reasonably sound research and analysis in addressing the key issues. Has a clear structure and reasonably clear expression.
Pass	50 - 64	Identifies the key issues, but does not follow through with a reasoned argument. Contains some significant errors. Displays satisfactory engagement with the key issues. Offers a descriptive summary of material relevant to the question. Superficial use of material, and may display a tendency to paraphrase. Demonstrates little evidence of in-depth research or analysis. Adequate expression. Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.
Fail	0 - 49	Does not answer the question. Contains significant or numerous errors. Few or no identifiable arguments. Content that is inappropriate or irrelevant. Lack of research or analysis. Difficult or impossible to understand through poor grammar, expression or structure. Overall, does not demonstrate the minimum level of competence in the assessment.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

Deduction of 5% of the maximum mark for each calendar day after the due date.
After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

Not applicable for prescribed assessments. Late submissions of short-release assessment tasks will not be accepted.

Academic integrity

The Current Student website provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

Use of generative artificial intelligence (AI) and automated writing tools

You may only use generative AI and automated writing tools in assessment tasks if you are permitted to by your unit coordinator. If you do use these tools, you must acknowledge this in your work, either in a footnote or an acknowledgement section. The assessment instructions or unit outline will give guidance of the types of tools that are permitted and how the tools should be used.

Your final submitted work must be your own, original work. You must acknowledge any use of generative AI tools that have been used in the assessment, and any material that forms part of your submission must be appropriately referenced. For guidance on how to acknowledge the use of AI, please refer to the AI in Education Canvas site.

The unapproved use of these tools or unacknowledged use will be considered a breach of the Academic Integrity Policy and penalties may apply.

Studiosity is permitted unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission as detailed on the Learning Hub’s Canvas page.

Outside assessment tasks, generative AI tools may be used to support your learning. The AI in Education Canvas site contains a number of productive ways that students are using AI to improve their learning.

Learning support

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

Weekly schedule

WK	Topic	Learning activity
Week 01	Introduction to tax policy and the tax system; concepts of income	Seminar (4 hr)
Week 02	Capital gains tax	Seminar (4 hr)
Week 03	Income from property; compensation receipts; periodic receipts	Seminar (4 hr)
Week 04	Taxation of remuneration; fringe benefits tax	Seminar (4 hr)
Week 06	Business income; Deductions--relevance	Seminar (4 hr)
Week 07	Tax treatment of trading stock (inventory)	Seminar (2 hr)
Week 08	Deductions--capital/revenue distinction; depreciation of assets	Seminar (4 hr)
Week 09	Goods and Services Tax; administration of the tax system; tax avoidance and ethics	Seminar (4 hr)
Week 11	Introduction to entity taxation; taxation of partnerships and companies	Seminar (4 hr)
Week 12	Taxation of companies; taxation of trusts	Seminar (4 hr)

Attendance and class requirements

Attendance: All students are required to attend 70% of classes (or as otherwise specified by the Unit Coordinator) to satisfy the pass requirements for each unit of study. Attendance requirements may be satisfied by in person and/or online attendance as specified by the Unit Coordinator. Failure to meet this requirement may result in a student being precluded from sitting the final assessment.

Word count penalty: No words in excess of the stated word limit will be read or marked. The word count includes all text and headings. Footnotes and endnotes are not to be used. Instead, in-text short form references should be used, such as ‘ITAA97 s 6-5’ and ‘Myer Emporium (HCA)’.

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

The details of required readings for each topic are provided on Canvas.

Additional readings for this unit can be accessed through the Library eReserve, available on Canvas.

Required casebook: Cooper, Dirkis, Stewart and Vann, Income Taxation: Commentary and Materials, 9th edition (Thomson Reuters, 2020).
Required legislation: the 2021 edition of the student consolidated version of Income Tax Assessment Act 1997 (ITAA 1997) and Income Tax Assessment Act 1936 (ITAA 1936).

Learning outcomes

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

Outcomes
Graduate qualities

At the completion of this unit, you should be able to:

LO1. explain the major themes in the history and motivating policy of taxation law
LO2. explain key features of the organising structure of taxation law (including income tax, fringe benefits tax and Goods and Services Tax) and its administration at the Commonwealth level
LO3. apply and further develop problem solving skills by learning how to identify tax issues (in relation to income tax, FBT and GST) in a variety of commercial and private relationships
LO4. identify and apply statutory tax rules and case law (in relation to income tax, FBT and GST) to factual situations involving a variety of commercial and private relationships
LO5. clearly and accurately communicate analysis of the tax consequences (in relation to income tax, FBT and GST) arising from a variety of commercial and private relationships
LO6. demonstrate competence in the exercise of professional and social responsibility in the tax context by explaining a tax lawyers’ professional and ethical responsibilities to their clients, the courts and the public in the specific context of the Tax Agents Services Act 2009 (Cth) and more broadly in relation to tax matters.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1	Depth of disciplinary expertise Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.
GQ2	Critical thinking and problem solving Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.
GQ3	Oral and written communication Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.
GQ4	Information and digital literacy Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.
GQ5	Inventiveness Generating novel ideas and solutions.
GQ6	Cultural competence Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.
GQ7	Interdisciplinary effectiveness Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.
GQ8	Integrated professional, ethical, and personal identity An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.
GQ9	Influence Engaging others in a process, idea or vision.

Outcome map

Learning outcomes	Graduate qualities
Learning outcomes

Responding to student feedback

This section outlines changes made to this unit following staff and student reviews.

No changes have been made since this unit was last offered.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.

Current students

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect

Current students

LAWS3412: Australian Income Tax

Semester 1, 2021 [Normal day] - Remote

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect