This advanced unit covers the tax policy and detailed rules for companies and shareholders designed to ensure that corporate profits are not subject to double taxation in Australia. Topics to be covered include: the policy and problems of taxing companies and shareholders; taxation of company distributions and dealings with interests in companies; imputation; debt equity classification; special anti-avoidance rules dealing with taxation of companies and shareholders; bonus issues, rights issues, share buybacks and liquidations.

The object of this unit is to provide an overview of the income tax system of China and a detailed analysis of the most important legislative and treaty rules of China in the area of international income tax, especially in dealings with Australia. Upon successful completion of the unit, students will have an advanced understanding of the policies underlying the Chinese rules for taxing international transactions as well as a detailed knowledge of the principles of income tax law applicable to inbound and outbound transactions. This unit includes a study of: overview of the Chinese income tax system; taxation of inbound investment into China; taxation of outbound investment from China; transfer pricing issues, and China's tax treaties.

Thousands of tax disputes arise each year in Australia. This unit aims to equip students with the skills to assist in resolving those disputes, both when a proceeding is before a court or tribunal and at the pre-litigation stage. The unit covers the information gathering processes available to the Commissioner of Taxation and taxpayers, the assessment and objection process, review by the Administrative Appeals Tribunal of objection decisions, appeals to the Federal Court, non-Part IVC disputes (including tax debt recovery, promotor penalties, judicial review proceedings, and Constitutional challenges), interlocutory disputes, appeals to the Full Court of the Federal Court, High Court appeals, and State tax litigation in the NSW Supreme Court and NSW Civil and Administrative Tribunal. The general topics of legal professional privilege, the rules of evidence, preparing expert evidence and the difference between questions of law and questions of fact are explored as they relate to tax litigation. A guest lecture is usually given by a judge of the Federal Court of Australia and/or a member of the Administrative Appeals Tribunal and there is a skills lecture on written advocacy in tax disputes.

This unit covers the domestic provisions of UK direct tax law dealing with international transactions, as well as UK treaties and the impact of EU law on the UK tax system. The UK remains one of Australias major trading partners. UK taxation thus has significant effects for inbound and outbound investment between Australia and the UK. This unit will be of interest to tax professionals who have dealings with the UK. The objective of the unit is to provide an overview of the UK tax system focusing on cross-border investment and expatriate employment issues and a detailed analysis of the most important legislative and treaty rules of the UK in the international direct tax area, especially in dealings with Australia. Upon successful completion of the unit, participants will have an advanced understanding of the policies of the UK rules for taxing international transactions as well as a detailed knowledge of the principles of company and personal taxation applicable to inbound and outbound transactions in the UK. The unit includes a study of: 1. Overview of the UK tax system; 2. Taxation of inbound investment in the UK; 3. Taxation of outbound investment in the UK; 4. Transfer pricing in the UK; 5. UK tax treaties including the Australia UK Tax Treaty; 6. EU tax law as it affects the UK.

This advanced unit examines the policy and practical issues that arise in Australia for the taxation of income derived through partnerships and trusts which are generally transparent for tax purposes, with a twofold focus: first for private business and investment; secondly for collective investment. The unit covers: problems and policies for taxing entities (partnerships and trusts contrasted with companies); classification of entities for tax purposes; taxation of partners and trust beneficiaries in a private business/high wealth context; taxation of collective investment vehicles mainly in the form of trusts and partnerships, including Attribution Managed Investment Trusts, Corporate Collective Investment Vehicles, Managed Investment Trusts, listed investment companies, public trading trusts, limited partnerships, venture capital, foreign hybrids, and investment manager regime.

The unit examines transfer pricing law and practice in Australia and globally. Transfer pricing continues to be rated by tax directors as the number one international tax issue they face. The release of the revised OECD Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations in 2017 and the ongoing projects, the rewrite of the Australian transfer pricing legislation, and the substantial transfer pricing rulings program of the Australian Taxation Office, have together significantly increased the international and Australian materials available on the law and practice in transfer pricing. In addition, the continuing work by the Inclusive Framework on the tax challenges arising from digitalisation continue to make this a dynamic area. Students will gain an understanding of the policy, and detailed application of transfer pricing rules within Australia and an understanding of the international framework.

This advanced unit will analyse the current law on the tax treatment of the principal forms of raising corporate finance from sources both in Australia and offshore, in Australian and foreign currencies, and of hedging the various exposures that a taxpayer may have from of its fund-raising and investments. The unit will consider the taxpayer's position both within and outside the TOFA regime. Common forms of innovative financial instruments will be examined, including debt, equity and hybrid instruments, forward and futures contracts, derivative instruments, and various asset-based forms of corporate financing. Selected non-resident withholding tax issues will be examined.

This unit offers a detailed examination of the regulatory and tax rules affecting the superannuation industry in Australia. The unit will analyse the statutory regulatory framework and the background rules of trust law, how they apply to different industry segments such as SMSFs, APRA regulated funds and constitutionally-protected funds, and how they affect issues such as fund structure and management, duties of trustees, benefit types, investment strategies, the resolution of disputes and so on. The unit will also consider in detail how the income tax, FBT and SGC regimes apply to amounts flowing into and out of the superannuation system (contributions, fund income and expenses, and benefits provided in various forms) for the various participants in the industry (employers, trustees, members, their dependents and estates, external providers). The unit will be taught through the analysis of a series of case studies discussed in detail in each seminar.

Comparative International Taxation is a detailed study of the basic principles of international taxation (residence, source, relief from international double taxation, anti-deferral rules, withholding tax, transfer pricing, thin capitalisation, and tax treaties). The unit is taught from a global perspective with the emphasis being on comparative analysis (focusing particularly on Anglo, US and continental European approaches, and also developed and developing country approaches). The unit examines the core issues in developing international tax rules and identifies different approaches countries have taken in dealing with these issues. As part of this study, recent trends in international tax rule development will be identified (particularly in the context of globalisation) and critiqued. Students should gain an understanding of the different approaches that countries have taken in the development of their international tax rules.

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.

Globalisation is driving corporate tax systems closer together and often into conflict. For many tax practitioners, it is now not enough to know their own corporate tax system - they must grapple with and question the operation of other corporate tax systems. This unit seeks to develop an ability to understand and analyze any corporate tax system and assess its impact on corporate decision making. With a dedicated textbook (written by the presenter), it does this by comparing a number of influential and archetypal corporate tax systems (both common law and civil law) and assessing their behaviour in the context of a number of practical problems. For tax professionals, the unit develops an ability to ask direct and informed questions about a foreign corporate tax system and discuss that system at a high level with foreign tax professionals. Topics include: corporate entities and hybrids, groups, interface with accounting, service companies, debt vs. equity, dividend relief, cross-border issues, incorporation, takeovers, trading in loss companies, share buy-backs, liquidation, bonus issues, convertible notes, mergers and demergers. This unit contrasts the corporate tax systems of Australia, China, Germany and the US and will consider recent reform proposals.

This unit is designed to study the policy, detailed rules and practical application of Australia's international tax treaties against the background of the OECD Model Tax Convention on Income and on Capital. Upon successful completion of this unit a student should have an advanced understanding of the policies underlying the Australian tax treaty position in relation to the taxation of various kinds of income, as well as a detailed knowledge of the law applicable to interpretation of Australia's treaties. The unit includes a study of: principles of tax treaties; interpretation of tax treaties; and selected articles of the OECD Model and Australian tax treaties.

Australian International Taxation is a detailed study of the fundamental principles of Australia's international taxation regime as it applies to cross-border business and investment transactions. The unit focuses on corporate residence, source, non-resident withholding tax, relief from international double taxation, CFCs, transferor trusts and transfer pricing. This advanced unit will examine both the issues of international tax rule design and policy, and the relevant provisions in the legislation, cases and rulings. The unit focuses on the international tax rules in Australia's domestic law. Although the role of double tax treaties is introduced, double tax treaties are covered in the companion unit Tax Treaties. Students should gain an understanding of the policies underlying Australia's rules for taxing international transactions, as well as a detailed knowledge of the foundation principles of law applicable to the taxation of inbound and outbound transactions.

This unit introduces the key concepts that underpin the Australian GST, the policies underlying the tax, and the way those policies are (or are not) reflected in the design of the GST law. The aim is to give participants a working knowledge of the operation of the GST law and an awareness of the practical problems encountered in practice, informed by an understanding of the way in which the law is intended to operate. The unit will commence with an examination of the basic design features of value added taxes in general and of Australia's GST in particular. It will then examine the core elements of the GST law, including: the taxpayer (entities, enterprise, and the obligation to register for GST), the liability for tax on supplies made for consideration; the value of taxable supplies and the amount of GST payable on supplies; the entitlement to input tax credits and the range of subsequent adjustments that may be required; attributing GST and input tax credits to tax periods; adjustments for adjustment events; basic principles of GST-free and input taxed supplies (including an introduction to the treatment of real property transactions financial supplies); basic cross-border issues, including the treatment of imports and exports.

This advanced unit examines the policy and practical issues that arise in the tax consolidation regime in Australia. The unit covers: policy and history of grouping and consolidation; entry into consolidation; effects of consolidation; exit from consolidation; losses, imputation and tax payments in consolidation; international rules in consolidation including MEC groups; restructures of consolidated groups and application of anti-avoidance rules to consolidated groups.

The aim of the unit is to provide an understanding of the role of government policy within the analytical framework of welfare economics. Questions of central interest include: What are the conditions that justify government intervention? How can policies be designed to support basic principles of social justice? What kinds of reforms promote economic efficiency? Applications will range from taxation and social security to environmental regulation and protection, and will cover the following specific topics: The structure of the Australian tax-benefit system; Uncertainty and social insurance; Unemployment, health and retirement income insurance; Externalities, environmental taxes and tradeable permits; Monopoly and environmental regulation; Utility pricing and access problems; Cost benefit analysis, intergenerational equity and growth. The unit will provide an overview of the main empirical methodologies used in evaluating policy reforms in these areas. Students may select to specialise in one or more of the policy areas.

Students will develop their understanding of the principles of statutory interpretation, and hone their ability to apply those principles in practice. The interpretation of contracts, constitutions and treaties will also be explored, observing where the core principles of statutory interpretation (text, context and purpose/intent) also apply to those texts, as well as learning rules particular to contracts, constitutions and treaties. Interpretation is a day-to-day task of the lawyer but many practising lawyers (and other professionals who work with the law) do not have a background in the discipline. This unit will teach the principles of interpretation, with a particular focus on practical application through the use of real-world examples, in-class exercises, and how to guides. The unit will cover topics in- (i) Statutory interpretation (7 lectures): Modern approach, text, context and purpose; Canons and presumptions; Overlap and boundaries with common law; Acts interpretation legislation; Regulations and other subordinate legislation; The role of extrinsic materials; Practical steps to take when construing a provision; Exercises in commercial, administrative, environmental, labour and tax statues; and Recent controversies and the approach of the current High Court (ii) Contract interpretation (2 lectures): A private instrument: similarities and differences to statutory interpretation; and Surrounding circumstances and status of Codelfa true rule (iii) Constitutional interpretation (1.5 lectures) - Dynamic document or original intent; and Practical examples from Commonwealth and NSW constitutions and (iv) Treaty interpretation (1.5 lectures) - Vienna Convention on the Law of Treaties; Treaty obligations and domestic legislation; and Exercises in international arbitration, immigration, environmental, insolvency and tax law. Two of the above lectures will be given by guest lecturers from the judiciary and senior bar. The final two lectures will involve revision and overview, additional problems and assessment preparation.

Students will develop their understanding of the principles of statutory interpretation, and hone their ability to apply those principles in practice. The interpretation of contracts, constitutions and treaties will also be explored, observing where the core principles of statutory interpretation (text, context and purpose/intent) also apply to those texts, as well as learning rules particular to contracts, constitutions and treaties. Interpretation is a day-to-day task of the lawyer but many practising lawyers (and other professionals who work with the law) do not have a background in the discipline. This unit will teach the principles of interpretation, with a particular focus on practical application through the use of real-world examples, in-class exercises, and how to guides. The unit will cover topics in- (i) Statutory interpretation (7 lectures): Modern approach, text, context and purpose; Canons and presumptions; Overlap and boundaries with common law; Acts interpretation legislation; Regulations and other subordinate legislation; The role of extrinsic materials; Practical steps to take when construing a provision; Exercises in commercial, administrative, environmental, labour and tax statues; and Recent controversies and the approach of the current High Court (ii) Contract interpretation (2 lectures): A private instrument: similarities and differences to statutory interpretation; and Surrounding circumstances and status of Codelfa true rule (iii) Constitutional interpretation (1.5 lectures) - Dynamic document or original intent; and Practical examples from Commonwealth and NSW constitutions and (iv) Treaty interpretation (1.5 lectures) - Vienna Convention on the Law of Treaties; Treaty obligations and domestic legislation; and Exercises in international arbitration, immigration, environmental, insolvency and tax law. Two of the above lectures will be given by guest lecturers from the judiciary and senior bar. The final two lectures will involve revision and overview, additional problems and assessment preparation.

This unit introduces the basic elements of Australia's income tax (including fringe benefits tax and capital gains tax) and Goods and Services Tax, with an emphasis on their impact on businesses, whether conducted directly or via a partnership, trust or company.
The unit covers the following topics: the main structural features of the tax system; assessability of business revenue; treatment of business expenses; timing rules for revenue and expense recognition; trading forms (companies, partnerships, trusts), capital raising and costs of servicing invested capital; cross-border issues; and anti-avoidance rules.

This unit, along with LAWS6841 Taxation of Business and Investment Income B, is designed to provide an advanced study of the tax treatment of various important business transactions. It provides a detailed examination of the income tax and capital gains treatment of selected complex commercial transactions and their impact on the tax base. The goal of the unit is to develop an understanding of the policies, detailed rules and current practical problems involved in this area of taxation, through the analysis of a number of specific problems discussed in each seminar. Because of continual change to the taxation system, recent legislative amendments and judicial decisions will be examined in detail where applicable. The unit will cover the following topics: core income and expense rules and operational concepts underlying the income tax system; treatment of realised business income and the differentiation of capital gains; treatment of business expenses and the differentiation of expenses recoverable under depreciation, CGT or not at all; issues in the treatment of trading stock; issues in the tax treatment of the costs (and revenues) associated with business equipment and intangibles. This unit can be taken alone or in conjunction with LAWS6841 Taxation of Business and Investment Income B.

This unit, along with LAWS6840 Tax of Business and Investment Income A, is designed to provide an advanced study of the income and capital gains tax treatment of various complex commercial transactions. The goal of this unit is to develop an understanding of the policies, detailed rules and current practical problems involved in this area of taxation, through the analysis of a number of specific problems that will be discussed in the seminars. Because of continual change to the taxation system, recent legislative amendments and judicial decisions will be examined in detail where applicable.
This unit will cover the following topics: issues in business financing, including asset leasing; tax issues related to the use and development of land and buildings; the treatment of 'black hole' expenses; tax accounting for income, expenses and profits; and specific and general anti-avoidance rules. This unit can be taken alone or in conjunction with LAWS6840 Tax of Business and Investment Income A.

This advanced unit considers specialised topics in the area of tax treaties, largely reflecting the work of the OECD and United Nations on tax treaties currently and in the last decade, particularly the OECD/G20 project on Base Erosion and Profit Shifting (BEPS). Topics covered include OECD and UN policy development processes, high value services and the digital economy, transfer pricing, harmful tax practices, treaty abuse, non-discrimination, entities and tax treaties (especially partnerships and collective investment vehicles), transparency and assistance in collection, dispute resolution, and the BEPS multilateral instrument. Upon completion of this unit, students will have a detailed understanding of the current driving forces and issues in the development of tax treaties and other international tax standards.

Asset protection is concerned with the preservation and transmission of property of individuals, families or corporations. It has the broad purpose of minimising legal business and political risks by safeguarding assets from seizure, loss and diminution in value. It is concerned with the protection of assets from potential creditors, government expropriation, excessive taxation and catastrophic loss. It is a vital component of tax advice, wealth management and financial planning. This unit examines the legal aspects of asset protection from both Australian and international perspectives. It provides a sound understanding of the legal techniques and principles of asset protection. The complex interaction between company law, the law of trusts and property, tax and estate planning laws, bankruptcy and insolvency laws is analysed. The unit focuses on the laws of a select number of offshore jurisdictions as well as international trust law. It examines the legal impediments and ethics of asset protection. Anti-money laundering rules and the civil and criminal liabilities of trustees and professional advisers are also covered.

This unit examines the pervasive phenomenon of tax avoidance and the design and effectiveness of common judicial and legislative responses to it. The unit starts by deconstructing typical examples of avoidance to elicit the common design features of avoidance practices. We will also examine the interrelationship between the process of statutory interpretation and the opportunities for avoidance. A particular focus of the unit will be on the scope and operation of Australia’s general anti-avoidance rule, Part IVA, but the unit will also consider the various judicial anti-avoidance doctrines and some of the specific anti-avoidance rules found in Australia’s tax legislation. The unit will also consider the kinds of approaches to tax avoidance and the anti-avoidance regimes employed in other countries. Finally, the unit will examine some of the procedural regimes used to curb the offering of tax avoidance products to taxpayers.

The objective of the unit is to provide an understanding of the modern economics approach to the analysis of tax policy. The unit defines the role of taxation within the framework of welfare economics and examines the social and economic effects of reforms drawing on available empirical evidence. Particular attention is given to the evaluation of current policies and proposed reforms in terms of distributional outcomes and efficiency costs due to disincentive effects on labour supply, saving and investment. Topics covered include: taxation of labour income, consumption and capital income, family income taxation, alternative approaches to the taxation of emission, and the taxation of resource rents.

The goal of this unit of study is to provide students with an opportunity to pursue advanced research in an area of their choosing, under the limited supervision of a School member. The unit is only available to eligible students in special circumstances, and with the approval of the relevant Program Director.

The goal of this unit of study is to provide students with an opportunity to pursue advanced research in an area of their choosing, under the limited supervision of a School member. The unit is only available to eligible students in special circumstances, and with the approval of the relevant Program Director.

Please refer to LAWS6182 Independent Research Project A.