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Unit outline_

LAWS5109: Advanced Taxation Law

Semester 2, 2020 [Normal day] - Camperdown/Darlington, Sydney

This unit further pursues the goals of Australian Income Tax and is to be regarded as an extension of that unit. In particular, the unit surveys some more advanced (and practically relevant) aspects of Australia's tax system, with particular attention to special rules applicable to entities (partnerships, trusts, and companies � and their owners) and international taxation. The topics studied in Australian Income Tax will be expanded upon and together these units provide a basic understanding of the Australian tax system and a basis for further study and/or practice.

Unit details and rules

Academic unit Law
Credit points 6
Prerequisites
? 
LAWS3047 or LAWS3412 or LAWS5112
Corequisites
? 
None
Prohibitions
? 
LAWS3013 or LAWS3409
Assumed knowledge
? 

None

Available to study abroad and exchange students

Yes

Teaching staff

Coordinator Micah Burch, micah.burch@sydney.edu.au
Type Description Weight Due Length
Final exam (Take-home short release) Type D final exam Final Exam
2.5 hour exam and 30 minutes reading time
0% Formal exam period 2.5 hours
Outcomes assessed: LO1 LO2 LO3 LO4 LO5
Presentation Presentation
Optional presentation on discrete topic, to be determined with instructor
0% Ongoing about 12 minutes
Outcomes assessed: LO1 LO5 LO4 LO3 LO2
Participation Panel
Participate on panel, discussing assigned topic live in class with lecturer
0% Ongoing about 20 minutes
Outcomes assessed: LO1 LO5 LO4 LO3 LO2
Assignment Memo
Memo on agreed discrete topic.
0% Ongoing 1500 words
Outcomes assessed: LO1 LO2 LO3 LO4 LO5
In-semester test (Open book) Type C in-semester exam Mid-Semester Exam
50 minute online open book without invigilation + 10 minutes uploading time
0% Week 05
Due date: 24 Sep 2020 at 12:30
50 minutes
Outcomes assessed: LO1 LO2 LO3 LO4 LO5
Type C in-semester exam = Type C in-semester exam ?
Type D final exam = Type D final exam ?

Assessment summary

There are three options for assessment in this course.

 

Option 1.  No Final Exam. If a student chooses option 1, they must do all four optional assessment tasks (each one of which counts for 25% of the final mark): the Mid-Semester Exam, a Presentation, a Panel, and a Memo.

 

Option 2.  Final Exam only. If a student chooses option 2, their entire mark (100%) is based on the Final Exam.

 

Option 3.  Hybrid. A student may choose to do one, two, or three optional assessment tasks as well as the Final Exam. Under option 3, the Final Exam will count for [100% - T x 25%], where “T” is the number of optional assessment tasks completed.

Examples:

  • A student could take the Mid-Semester Exam (25%), and then the Final Exam would be worth 75%.
  • A student could do a Presentation (25%) and a Memo (25%), and then the Final Exam would be worth 50%.
  • If a student completes three optional assessments (each worth 25%), the Final Exam would be worth 25% of the final mark.

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 really applicable to this assessment regime

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.

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.

WK Topic Learning activity Learning outcomes
Multiple weeks This unit considers special topics related to, and examines in greater depth, the topics covered in the sem 1 unit, particularly: tax policy; concepts of income; Capital Gains Tax; income from property; compensation receipts and periodic receipts; taxation of remuneration including FBT; business income; deductions; taxation of trading stock & depreciation; entity taxation: partnerships, companies and trusts; tax administration; Goods and Services Tax; tax avoidance; and ethics. Seminar (40 hr) LO1 LO2 LO3 LO4 LO5

Attendance and class requirements

  • Referencing guide: The Sydney Law School expects you to use the most recent version of the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer, and a link to the website where this is set out comprehensively is available at About the Australian Guide to Legal Citation (AGLC).
  • A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words, or part thereof, over the limit.
  • Check the word-count policy for this unit of study, which might differ from other units. In submitting your assignment, you are assumed to have understood the policy for this unit of study. The total word count for essays and other written assessments will: exclude: bibliography; footnote numbers; footnote citations; cover page and include: body text; headings and sub-headings; quotations; anything other than numbers and citations in footnotes.)

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

Required Casebook

Cooper, Dirkis, Stewart & Vann, Income Taxation: Commentary and Materials, 9th edition (Thomson Reuters, 2020) (“CDSV”)

 

Required Legislation

CCH, LexisNexis Butterworths, and Thomson Reuters all publish single volume versions of the tax legislation sufficient for this course. Where necessary, these volumes can be supplemented by downloading additional sections from the consolidated legislation available free on the ATO legal database.

 

The course Reading Guide provides further information regarding reading assignments and class preparation.

Additional readings may also be required with respect to some topics. Please refer to the Canvas site for any announcements regarding additional readings.

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.

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

  • LO1. understand the history and motivating policy of taxation law
  • LO2. understand the organising structure of taxation law and its administration at the Commonwealth level
  • LO3. apply and further develop their problem solving skills by learning how to identify tax issues in a variety of commercial and private relationships
  • LO4. identify and apply statutory and general tax law rules to factual situations involving a variety of commercial and private relationships and to clearly and accurately communicate their analysis of the tax consequences arising from these situations
  • LO5. demonstrate competence by exercising professional and social responsibility in the tax context by understanding 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
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

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

Method of delivery adjusted because of COVID.

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.