Students

LAWS553 – Taxation

2017 – S1 External

General Information

Download as PDF
Unit convenor and teaching staff Unit convenor and teaching staff Convenor
Malcolm Voyce
Contact via malcolm.voyce@mq.edu.au
Room W3A 617
9am-10am Thursdays
Peter Crowfoot
Credit points Credit points
3
Prerequisites Prerequisites
(24cp in LAW or LAWS units) or (39cp at 100 level or above including BUSL250 and BUSL301)
Corequisites Corequisites
Co-badged status Co-badged status
Unit description Unit description
This unit covers an examination of the Australian taxation system. The unit covers the examination of what is income, the taxation of capital gains, deductions, capital allowances, and tax avoidance issues. The unit covers the administration of the taxation system and the taxation of companies, trusts and partnerships. The unit also covers a treatment of the social security system and the legal availability of welfare benefits. The unit is significant as it provides a basic knowledge of the taxation system and is a good background for all law students whether or not they practice in the taxation area.

Important Academic Dates

Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates

Learning Outcomes

On successful completion of this unit, you will be able to:

  • Demonstrate a sound knowledge of the conceptual framework of the principal rules that relate to taxation in Australia.
  • Identify tax issues and be able to apply the Income Tax, Fringe Benefits Tax, GST and the Taxation Administration Act provisions to simulated real life situations for the purposes of giving professional advice.
  • Develop a suitable set of tax management strategies for individuals and business at various stages.
  • Use, present and evaluate numerical or statistical information related to taxation.
  • Work collaboratively to solve legal problems related to taxation.
  • Undertake independent research on taxation issues through using electronic information retrieval systems.

General Assessment Information

Extensions and penalties.

Assessments or assignments uploaded after the cut-off time on the dates given above  will not be accepted for marking (that is, a zero mark will be awarded), except for cases of serious and recognised disruption to study (see below).

When a student suffers a disruption to study which is ‘serious and unavoidable’ they may apply for special consideration. In order to do so the student must meet the criteria under the Macquarie University "Disruption to Studies" policy and be approved by the Unit Convenor.  Applications are made online at ask.mq.edu.au. Outcomes for recognized serious and unavoidable disruptions to studies are as set out in the University schedule - http://www.mq.edu.au/policy/docs/disruption_studies/schedule_outcomes.html

When a disruption to study is not serious or unavoidable, the approach to special consideration and the impact on your assessment will be as follows:

  1. Marked Attendance - tutorials: In general no special consideration is given. However for tutorials missed because of illness a medical certificate can be presented at the next tutorial attended. If compulsory excursions or trips are required by other subjects enrolled in, documentary evidence of this will be accepted
  2. Marked Attendance - On-Campus Session for External Students: No special consideration, attendance is compulsory.
  3. Graded Participation - tutorial: In general no special consideration is given. However for tutorials missed because of illness a medical certificate can be presented at the next tutorial attended. If compulsory excursions or trips are required by other subjects enrolled in, documentary evidence of this will be accepted
  4. Final Examination – no or late submission: no special consideration; a grade of zero

Tutorials Procedures

Students are provided on iLearn with a weekly document containing readings for the topic being covered and up to 4 questions. Every week each student prepares a brief written attempt at answering all of the week’s questions, maximum total 2 A4 sheet sides.

Students must photocopy their answers for their own records or keep an electronic copy.

At the start of the semester the tutor will assign students to permanent groups. The tutorial questions are discussed based on presentations by individual students. The week before a tutorial a student is assigned to each of the tutorial questions for that week. During the week leading up to the tutorial the assigned presenter’s group assists them in preparing a presentation of the answer for their assigned question. A presentation should be of about 10 minute’s duration and should be accompanied by appropriate slides. The Tutor (and students not in that group) question the spokesperson (and other members of their group if the spokesperson cannot answer) until the correct answer for the question is arrived at and understood by all. Students take notes on their photocopy of their answers where they were wrong.

Each student has to give at least one presentation during the semester.

Marks are assigned as below:

1. There are 12 tutorials. One mark is assigned for a hand-in which is a satisfactory attempt at answering all the questions for that week, that is showing evidence of study and understanding of the topic, but not necessarily fully correct. A maximum of 10 marks total for the semester can be earned in this way – i.e. 10 satisfactory hand-ins. Answers can only be handed in at the relevant tutorial, or if absent through illness then at the following tutorial if a medical certificate is supplied.

2. Students are expected to attend and participate in at least 10 out of the 12 tutorial classes during the semester. Failure to do so will result in a penalty of 0.5 marks for each tutorial less than 10 attended. These marks will be deducted from the overall tutorial participation mark that would have otherwise been allocated. 

Policies and procedures

Macquarie University policies and procedures are accessible from Policy Central. Students should be aware of the following policies in particular with regard to Learning and Teaching:

In addition, a number of other policies can be found in the Learning and Teaching Category of Policy Central.

Academic Honesty

The nature of scholarly endeavour, dependent as it is on the work of others, binds all members of the University community to abide by the principles of academic honesty. Its fundamental principle is that all staff and students act with integrity in the creation, development, application and use of ideas and information. This means that:

  • all academic work claimed as original is the work of the author making the claim
  • all academic collaborations are acknowledged
  • academic work is not falsified in any way
  • when the ideas of others are used, these ideas are acknowledged appropriately.

Further information on the academic honesty can be found in the Macquarie University Academic Honesty Policy at http://www.mq.edu.au/policy/docs/academic_honesty/policy.html

Grades

Macquarie University uses the following grades in coursework units of study:

HD - High Distinction

D - Distinction

CR - Credit

P - Pass

F - Fail

Grade descriptors and other information concerning grading are contained in the Macquarie University Grading Policy which is available at:

http://www.mq.edu.au/policy/docs/grading/policy.html

Special Consideration Policy

The University is committed to equity and fairness in all aspects of its learning and teaching. In stating this commitment, the University recognises that there may be circumstances where a student is prevented by unavoidable disruption from performing in accordance with their ability. A special consideration policy

exists to support students who experience serious and unavoidable disruption such that they do not reach their usual demonstrated performance level. The policy is available at:

http://www.mq.edu.au/policy/docs/special_consideration/policy.html

Student Support

Macquarie University provides a range of Academic Student Support Services. Details of these services can be accessed at: http://students.mq.edu.au/support/

Macquarie Law School Assessment Policy.

Word limits in Macquarie Law School assessments are strictly applied. The word limit does not include footnotes or bibliographies where they are required. Unless explicitly indicated otherwise, referencing must comply with the current version of the Australian Guide to Legal Citation In the absence of a successful application for special consideration, any assessment task submitted after its published deadline will not be graded and will receive a mark of zero. All written assessments (excluding online quizzes) will require submission through Turnitin.

Assessment Tasks

Name Weighting Hurdle Due
Weekly Coursework 20% No Weekly
Final Assignment 40% No Exam Period
Research Essay 40% No 10th April, 2017 5pm

Weekly Coursework

Due: Weekly
Weighting: 20%

Weekly tutorial problems ( answers to be submitted in iLearn)

Weekly coursework:

  • External students – the first 6 week’s work to be submitted in iLearn prior to the on-campus session during the mid-semester break.

 


On successful completion you will be able to:
  • Demonstrate a sound knowledge of the conceptual framework of the principal rules that relate to taxation in Australia.
  • Identify tax issues and be able to apply the Income Tax, Fringe Benefits Tax, GST and the Taxation Administration Act provisions to simulated real life situations for the purposes of giving professional advice.
  • Develop a suitable set of tax management strategies for individuals and business at various stages.
  • Use, present and evaluate numerical or statistical information related to taxation.
  • Work collaboratively to solve legal problems related to taxation.
  • Undertake independent research on taxation issues through using electronic information retrieval systems.

Final Assignment

Due: Exam Period
Weighting: 40%

Take Home Comprehensive case-study type questions

The Final assignment paper will be made available on iLearn, 20 May, 2017 at 5pm. Answers are to be submitted as a Microsoft word document, 14 point double spaced via Turnitin in the iLearn unit by 5pm on 19th June 2017. Each question will indicate the maximum number of words for that answer.


On successful completion you will be able to:
  • Demonstrate a sound knowledge of the conceptual framework of the principal rules that relate to taxation in Australia.
  • Identify tax issues and be able to apply the Income Tax, Fringe Benefits Tax, GST and the Taxation Administration Act provisions to simulated real life situations for the purposes of giving professional advice.
  • Develop a suitable set of tax management strategies for individuals and business at various stages.
  • Use, present and evaluate numerical or statistical information related to taxation.
  • Undertake independent research on taxation issues through using electronic information retrieval systems.

Research Essay

Due: 10th April, 2017 5pm
Weighting: 40%

Research Essay 

 

Length 2,000 words in size 14 font.

Your name and student number must be on the front of your essay.

Note this is a research essay and so it is expected that students will research outside of the materials. A bibliography must be attached to the essay. The words in the bibliography will not be counted in the word limit. Footnotes will be considered as part of the word limit.

Essays must be submitted to turnitin and the same time sent to malcolm.voyce1@gmail.com (note please the EXACT address for this email  where work is to be submitted, with the number ‘1’ after the name Voyce).


On successful completion you will be able to:
  • Develop a suitable set of tax management strategies for individuals and business at various stages.
  • Use, present and evaluate numerical or statistical information related to taxation.

Delivery and Resources

Prescribed Texts

Coleman Australian Tax Analysis 9th Edition 2012

NOTE: Out-of-date editions of the text will not contain the latest changes in Taxation Law and may result in students learning incorrect material. Therefore you are strongly advised not to purchase second-hand older editions of the text.

Reference materials

While references to the prescribed weekly readings for this Unit are mainly from the prescribed text, references will also be made during the lectures to reported cases, rulings and other pronouncements issued by the Australian Taxation Office.

(a) Commentaries: Both CCH and Thomson Reuters provide an on-line service covering a commentary onthe relevant legislation, rulings and reports and other pronouncements of the Australian Taxation Office. These on-line tax services are also available in multi-volume loose-leaf formats.The on-line service of CCH can be accessed from the University Library’s database.

(b) Useful Internet sites: Internet resources are a very valuable source of information relating to current developments on taxation issues. Some useful sites include:

(i) ATO website: The Australian Taxation Office Internet site www.ato.gov.au . This site offers access to:

  • all ATO rulings and other pronouncements

  • current ATO publications

  • legislation

  • Australian and selected overseas tax case law

  • all ATO forms

(ii) Access to other internet sites which are relevant to tax issues can be located at:

  • Australian Treasury: http://www.treasury.gov.au. This site contains Treasury press releases and consultation documents.

  • CPA Australia: http://www.cpaaustralia.com.au. This site contains relevant information including submissions canvassing tax reform.

  • Institute of Chartered Accountants in Australia: http://www.icaa.org.au. This site contains relevant

  • information including submissions canvassing tax reform.

  • Deloitte: http://www.deloitte.com.au Click on “tax central” to access information on proposed tax reforms.

  • Ernst & Young: http://www.ey.com/global/gcr.nsf/austaralia/home. Good for keeping up to date on tax reforms.

  • KPMG: http://www.kpmg.com.au. Very useful, especially for its “Daily Tax News”.

  • Board of Taxation: http://www.taxboard.gov.au. Contains information on proposed tax changes.

(iii) Cases, rulings, and legislation can also be accessed from the following sites:

Cases: Scaleplus site http://scaleplus.law.gov.au

Cases: Australian Legal Information Institute site http://www.austlii.edu.au

Cases and Taxation rulings: Australian Taxation Office; http://www.ato.gov.au

Unit Schedule

Lectures (Recorded on iLearn) and refer to your Study Guide for your schedule.

 

Policies and Procedures

Macquarie University policies and procedures are accessible from Policy Central. Students should be aware of the following policies in particular with regard to Learning and Teaching:

Academic Honesty Policy http://mq.edu.au/policy/docs/academic_honesty/policy.html

Assessment Policy http://mq.edu.au/policy/docs/assessment/policy_2016.html

Grade Appeal Policy http://mq.edu.au/policy/docs/gradeappeal/policy.html

Complaint Management Procedure for Students and Members of the Public http://www.mq.edu.au/policy/docs/complaint_management/procedure.html​

Disruption to Studies Policy (in effect until Dec 4th, 2017): http://www.mq.edu.au/policy/docs/disruption_studies/policy.html

Special Consideration Policy (in effect from Dec 4th, 2017): https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policies/special-consideration

In addition, a number of other policies can be found in the Learning and Teaching Category of Policy Central.

Student Code of Conduct

Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/support/student_conduct/

Results

Results shown in iLearn, or released directly by your Unit Convenor, are not confirmed as they are subject to final approval by the University. Once approved, final results will be sent to your student email address and will be made available in eStudent. For more information visit ask.mq.edu.au.

Student Support

Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/

Learning Skills

Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to improve your marks and take control of your study.

Student Services and Support

Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.

Student Enquiries

For all student enquiries, visit Student Connect at ask.mq.edu.au

IT Help

For help with University computer systems and technology, visit http://www.mq.edu.au/about_us/offices_and_units/information_technology/help/

When using the University's IT, you must adhere to the Acceptable Use of IT Resources Policy. The policy applies to all who connect to the MQ network including students.

Graduate Capabilities

Creative and Innovative

Our graduates will also be capable of creative thinking and of creating knowledge. They will be imaginative and open to experience and capable of innovation at work and in the community. We want them to be engaged in applying their critical, creative thinking.

This graduate capability is supported by:

Learning outcomes

  • Demonstrate a sound knowledge of the conceptual framework of the principal rules that relate to taxation in Australia.
  • Identify tax issues and be able to apply the Income Tax, Fringe Benefits Tax, GST and the Taxation Administration Act provisions to simulated real life situations for the purposes of giving professional advice.
  • Develop a suitable set of tax management strategies for individuals and business at various stages.
  • Use, present and evaluate numerical or statistical information related to taxation.
  • Work collaboratively to solve legal problems related to taxation.
  • Undertake independent research on taxation issues through using electronic information retrieval systems.

Assessment tasks

  • Final Assignment
  • Research Essay

Capable of Professional and Personal Judgement and Initiative

We want our graduates to have emotional intelligence and sound interpersonal skills and to demonstrate discernment and common sense in their professional and personal judgement. They will exercise initiative as needed. They will be capable of risk assessment, and be able to handle ambiguity and complexity, enabling them to be adaptable in diverse and changing environments.

This graduate capability is supported by:

Learning outcomes

  • Demonstrate a sound knowledge of the conceptual framework of the principal rules that relate to taxation in Australia.
  • Identify tax issues and be able to apply the Income Tax, Fringe Benefits Tax, GST and the Taxation Administration Act provisions to simulated real life situations for the purposes of giving professional advice.
  • Develop a suitable set of tax management strategies for individuals and business at various stages.
  • Use, present and evaluate numerical or statistical information related to taxation.
  • Work collaboratively to solve legal problems related to taxation.
  • Undertake independent research on taxation issues through using electronic information retrieval systems.

Assessment tasks

  • Weekly Coursework
  • Final Assignment
  • Research Essay

Commitment to Continuous Learning

Our graduates will have enquiring minds and a literate curiosity which will lead them to pursue knowledge for its own sake. They will continue to pursue learning in their careers and as they participate in the world. They will be capable of reflecting on their experiences and relationships with others and the environment, learning from them, and growing - personally, professionally and socially.

This graduate capability is supported by:

Learning outcomes

  • Demonstrate a sound knowledge of the conceptual framework of the principal rules that relate to taxation in Australia.
  • Identify tax issues and be able to apply the Income Tax, Fringe Benefits Tax, GST and the Taxation Administration Act provisions to simulated real life situations for the purposes of giving professional advice.
  • Develop a suitable set of tax management strategies for individuals and business at various stages.
  • Use, present and evaluate numerical or statistical information related to taxation.
  • Work collaboratively to solve legal problems related to taxation.
  • Undertake independent research on taxation issues through using electronic information retrieval systems.

Assessment tasks

  • Final Assignment
  • Research Essay

Discipline Specific Knowledge and Skills

Our graduates will take with them the intellectual development, depth and breadth of knowledge, scholarly understanding, and specific subject content in their chosen fields to make them competent and confident in their subject or profession. They will be able to demonstrate, where relevant, professional technical competence and meet professional standards. They will be able to articulate the structure of knowledge of their discipline, be able to adapt discipline-specific knowledge to novel situations, and be able to contribute from their discipline to inter-disciplinary solutions to problems.

This graduate capability is supported by:

Learning outcomes

  • Demonstrate a sound knowledge of the conceptual framework of the principal rules that relate to taxation in Australia.
  • Identify tax issues and be able to apply the Income Tax, Fringe Benefits Tax, GST and the Taxation Administration Act provisions to simulated real life situations for the purposes of giving professional advice.
  • Develop a suitable set of tax management strategies for individuals and business at various stages.
  • Use, present and evaluate numerical or statistical information related to taxation.
  • Work collaboratively to solve legal problems related to taxation.
  • Undertake independent research on taxation issues through using electronic information retrieval systems.

Assessment tasks

  • Weekly Coursework
  • Final Assignment
  • Research Essay

Critical, Analytical and Integrative Thinking

We want our graduates to be capable of reasoning, questioning and analysing, and to integrate and synthesise learning and knowledge from a range of sources and environments; to be able to critique constraints, assumptions and limitations; to be able to think independently and systemically in relation to scholarly activity, in the workplace, and in the world. We want them to have a level of scientific and information technology literacy.

This graduate capability is supported by:

Learning outcomes

  • Demonstrate a sound knowledge of the conceptual framework of the principal rules that relate to taxation in Australia.
  • Identify tax issues and be able to apply the Income Tax, Fringe Benefits Tax, GST and the Taxation Administration Act provisions to simulated real life situations for the purposes of giving professional advice.
  • Develop a suitable set of tax management strategies for individuals and business at various stages.
  • Use, present and evaluate numerical or statistical information related to taxation.
  • Work collaboratively to solve legal problems related to taxation.
  • Undertake independent research on taxation issues through using electronic information retrieval systems.

Assessment tasks

  • Weekly Coursework
  • Final Assignment
  • Research Essay

Problem Solving and Research Capability

Our graduates should be capable of researching; of analysing, and interpreting and assessing data and information in various forms; of drawing connections across fields of knowledge; and they should be able to relate their knowledge to complex situations at work or in the world, in order to diagnose and solve problems. We want them to have the confidence to take the initiative in doing so, within an awareness of their own limitations.

This graduate capability is supported by:

Learning outcomes

  • Demonstrate a sound knowledge of the conceptual framework of the principal rules that relate to taxation in Australia.
  • Identify tax issues and be able to apply the Income Tax, Fringe Benefits Tax, GST and the Taxation Administration Act provisions to simulated real life situations for the purposes of giving professional advice.
  • Develop a suitable set of tax management strategies for individuals and business at various stages.
  • Use, present and evaluate numerical or statistical information related to taxation.
  • Work collaboratively to solve legal problems related to taxation.
  • Undertake independent research on taxation issues through using electronic information retrieval systems.

Assessment tasks

  • Weekly Coursework
  • Final Assignment
  • Research Essay

Effective Communication

We want to develop in our students the ability to communicate and convey their views in forms effective with different audiences. We want our graduates to take with them the capability to read, listen, question, gather and evaluate information resources in a variety of formats, assess, write clearly, speak effectively, and to use visual communication and communication technologies as appropriate.

This graduate capability is supported by:

Learning outcomes

  • Demonstrate a sound knowledge of the conceptual framework of the principal rules that relate to taxation in Australia.
  • Identify tax issues and be able to apply the Income Tax, Fringe Benefits Tax, GST and the Taxation Administration Act provisions to simulated real life situations for the purposes of giving professional advice.
  • Develop a suitable set of tax management strategies for individuals and business at various stages.
  • Use, present and evaluate numerical or statistical information related to taxation.
  • Work collaboratively to solve legal problems related to taxation.
  • Undertake independent research on taxation issues through using electronic information retrieval systems.

Assessment tasks

  • Weekly Coursework
  • Final Assignment
  • Research Essay

Engaged and Ethical Local and Global citizens

As local citizens our graduates will be aware of indigenous perspectives and of the nation's historical context. They will be engaged with the challenges of contemporary society and with knowledge and ideas. We want our graduates to have respect for diversity, to be open-minded, sensitive to others and inclusive, and to be open to other cultures and perspectives: they should have a level of cultural literacy. Our graduates should be aware of disadvantage and social justice, and be willing to participate to help create a wiser and better society.

This graduate capability is supported by:

Learning outcomes

  • Demonstrate a sound knowledge of the conceptual framework of the principal rules that relate to taxation in Australia.
  • Identify tax issues and be able to apply the Income Tax, Fringe Benefits Tax, GST and the Taxation Administration Act provisions to simulated real life situations for the purposes of giving professional advice.
  • Develop a suitable set of tax management strategies for individuals and business at various stages.
  • Use, present and evaluate numerical or statistical information related to taxation.
  • Work collaboratively to solve legal problems related to taxation.
  • Undertake independent research on taxation issues through using electronic information retrieval systems.

Assessment tasks

  • Weekly Coursework
  • Final Assignment
  • Research Essay

Socially and Environmentally Active and Responsible

We want our graduates to be aware of and have respect for self and others; to be able to work with others as a leader and a team player; to have a sense of connectedness with others and country; and to have a sense of mutual obligation. Our graduates should be informed and active participants in moving society towards sustainability.

This graduate capability is supported by:

Learning outcomes

  • Demonstrate a sound knowledge of the conceptual framework of the principal rules that relate to taxation in Australia.
  • Identify tax issues and be able to apply the Income Tax, Fringe Benefits Tax, GST and the Taxation Administration Act provisions to simulated real life situations for the purposes of giving professional advice.
  • Develop a suitable set of tax management strategies for individuals and business at various stages.
  • Use, present and evaluate numerical or statistical information related to taxation.
  • Work collaboratively to solve legal problems related to taxation.
  • Undertake independent research on taxation issues through using electronic information retrieval systems.

Assessment task

  • Research Essay