Outline

Overview

This unit examines Australia�s rules for taxing the income earned from offshore operations. The unit examines the taxation of conducting business and holding investments offshore through foreign branches companies trusts partnerships and hybrid entities. It also examines the repatriation of profits from these entities the treatment of the cost of financing these operations and the consequences of offshore reorganisations and relocations. The unit examines in detail Australia�s CFC rules transferor trust regime, the FITO regime thin capitalisation rules and foreign hybrid rules.

Unit details and rules

Academic unit	Law
Credit points	6
Prerequisites ?	None
Corequisites ?	None
Prohibitions ?	None
Assumed knowledge ?	It is assumed that students undertaking this unit have an understanding of Australian income taxation law commensurate with that which would be obtained from completing undergraduate study in Australian taxation law or five years working with Australian tax law in a law or accounting practice in an industry role or in the Australian Taxation Office For students who do not have such knowledge or work experience they first should undertake LAWS6825 Introduction to Australian Business Tax before enrolling in this unit The Completion of LAWS6209 Australian International Taxation will provide students without such knowledge or work experience with additional knowledge and skills that will assists in successfully completing this unit
Available to study abroad and exchange students	No

Teaching staff

Coordinator	Graeme Cooper, graeme.cooper@sydney.edu.au

Type	Description	Weight	Due	Length
Final exam (Take-home short release)	Optional final exam Optional exam (70%)	0%	Formal exam period	2 hours
Outcomes assessed:
Assignment	(Optional) Research essay Optional research essay (70%)	0%	Formal exam period Due date: 15 Jun 2021 at 16:00	7500 words
Outcomes assessed:
Assignment	Assignment Assignment (30%)	0%	Ongoing	3000 words
Outcomes assessed:
= Type D final exam ?

Assessment summary

Assignment

Each participant will be allocated an assignment, worth 30%. The maximum length of the assignment is 3,000 words. It is due by noon on the business prior to the relevant class. It should be submitted using the Assignment Dropbox function on Canvas. Late assignments will not be graded – you can’t submit an answer after the answer has been explained in class, even if you weren’t at the class. Assignments should be typed, double-spaced. You do not need to include an abstract or bibliography, but you are expected to cite fully and correctly all sources you rely on to make your arguments. Your assignment will be subject to analysis by similarity detecting software.

Exam (optional)

An exam (70%) will be scheduled in the examination period at the end of the semester. Duration of the exam will be 30 minutes reading time plus 2 hours writing time. The exam will be held during the University formal exam period. The exam will be scheduled by the Exams Office and the Law School is not responsible for exam timetabling. Please refer to Exams https://www.sydney.edu.au/students/exams/timetables.html.

Optional Research essay (in lieu of exam)

Participants may, with prior written approval, attempt a Research Essay in lieu of the examination. The research essay will need to be on a topic within the scope of the course. The research essay is a maximum of 7,500 words. You must include a word count on the cover page of the essay.

Participants who wish to undertake a research essay in lieu of an exam must prepare and submit for approval a written outline of at least 1 page and then make an appointment to discuss the proposed topic. Participants must have secured written permission to undertake a research essay at least one month before the first day of the examination period. Approval will not be given after this date.

Participants who undertake a research essay in lieu of examination are expected to undertake independent research, which will need to research a far broader range of resources than the materials listed on the reading lists.

The research essay is due at 4pm on 15 June 2021.

Research essays should be typed, double-spaced, and include an abstract, full footnotes and bibliography.

You are expected to cite all sources you rely on to make your arguments. You are expected to cite correctly all the sections, cases, books and articles you refer to. You should use the style from the Australian Guide to Legal Citation available at http://www.library.usyd.edu.au/libraries/law/citation.html

Where material has been obtained from the internet, appropriate references must be provided. Internet material should be cited by providing the address of the site accessed and the date on which it was accessed.

Assessment criteria

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 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, please refer to sydney.edu.au/students/guide-to-grades

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:

For optional research essay: The late submission of a piece of assessment, which has not been granted an extension, will attract a penalty of 10% of the total marks available for the piece of assessment per calendar day or part thereof.

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	History and policy issues in the taxation of offshore operations	Lecture (2 hr)
Week 02	Classification and treatment of offshore operations and entities	Lecture (2 hr)
Week 03	Funding of offshore operations and entities	Lecture (2 hr)
Week 04	Operating offshore directly, through foreign branches and portfolio positions	Lecture (2 hr)
Week 05	Operating offshore through subsidiaries	Lecture (2 hr)
Week 06	Operating offshore through subsidiaries	Lecture (2 hr)
Week 07	Operating offshore through subsidiaries	Lecture (2 hr)
Week 08	Operating offshore through subsidiaries	Lecture (2 hr)
Week 09	Repatriating the profits of foreign companies	Lecture (2 hr)
Week 10	Operating offshore through trusts	Lecture (2 hr)
Week 11	Operating using foreign tax-transparent companies and limited partnerships	Lecture (2 hr)
Week 12	Forming and re-organising offshore operations	Lecture (2 hr)
Week 13	Conduit structures – offshore investments owned via Australia	Lecture (2 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 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: 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. The total word count for essay and other written assessments will include: bibliography; footnote numbers; footnote citation; cover page, body text; headings and sub-headings; quotations.

Referencing: The Sydney Law School expects you to use 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 library website where this is set out comprehensively is available at https://libguides.library.usyd.edu.au/c.php?g=508212&p=3476376

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

A detailed list of reading materials will be provided in the Reading Guide available on Canvas.

Most Australian cases can be accessed via Austlii: http://www.austlii.edu.au/

Tax rulings and other administrative materials are available from the ATO’s legal database: http://law.ato.gov.au/atolaw/index.htm

Statutory material (including the explanatory memorandum to a bill) can be found at the Federal Register of Legislation: https://www.legislation.gov.au/

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. understand the policy underlying the legal rules on taxation covered in this unit of study
LO2. have a knowledge of the current legal rules on taxation covered in this unit of study
LO3. have the ability to interpret other legal rules on taxation applicable to the area covered by the unit of study, whether current or future
LO4. apply the legal rules on taxation covered by this unit of study to practical problems

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

LAWS6129: Taxation of Offshore Operations

Semester 1, 2021 [Normal evening] - 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