Overview
Revenue Law is an important consideration for those engaging in legal practice insofar as issues arising out of revenue law will impact on advice given in a range of different situations. This unit gives an understanding of the underlying concepts of revenue law focusing on the Income Tax Assessment Acts and supporting legislation as well as looking at other important areas of revenue law practice which impact on advice given such as Goods and Services Tax and Fringe Benefits Tax.
Details
Pre-requisites or Co-requisites
Prerequisites: LAWS11057 and LAWS11059
Important note: Students enrolled in a subsequent unit who failed their pre-requisite unit, should drop the subsequent unit before the census date or within 10 working days of Fail grade notification. Students who do not drop the unit in this timeframe cannot later drop the unit without academic and financial liability. See details in the Assessment Policy and Procedure (Higher Education Coursework).
Offerings For Term 3 - 2018
Attendance Requirements
All on-campus students are expected to attend scheduled classes – in some units, these classes are identified as a mandatory (pass/fail) component and attendance is compulsory. International students, on a student visa, must maintain a full time study load and meet both attendance and academic progress requirements in each study period (satisfactory attendance for International students is defined as maintaining at least an 80% attendance record).
Recommended Student Time Commitment
Each 6-credit Undergraduate unit at CQUniversity requires an overall time commitment of an average of 12.5 hours of study per week, making a total of 150 hours for the unit.
Class Timetable
Assessment Overview
Assessment Grading
This is a graded unit: your overall grade will be calculated from the marks or grades for each assessment task, based on the relative weightings shown in the table above. You must obtain an overall mark for the unit of at least 50%, or an overall grade of ‘pass’ in order to pass the unit. If any ‘pass/fail’ tasks are shown in the table above they must also be completed successfully (‘pass’ grade). You must also meet any minimum mark requirements specified for a particular assessment task, as detailed in the ‘assessment task’ section (note that in some instances, the minimum mark for a task may be greater than 50%). Consult the University’s Grades and Results Policy for more details of interim results and final grades.
All University policies are available on the CQUniversity Policy site.
You may wish to view these policies:
- Grades and Results Policy
- Assessment Policy and Procedure (Higher Education Coursework)
- Review of Grade Procedure
- Student Academic Integrity Policy and Procedure
- Monitoring Academic Progress (MAP) Policy and Procedure – Domestic Students
- Monitoring Academic Progress (MAP) Policy and Procedure – International Students
- Student Refund and Credit Balance Policy and Procedure
- Student Feedback – Compliments and Complaints Policy and Procedure
- Information and Communications Technology Acceptable Use Policy and Procedure
This list is not an exhaustive list of all University policies. The full list of University policies are available on the CQUniversity Policy site.
Feedback, Recommendations and Responses
Every unit is reviewed for enhancement each year. At the most recent review, the following staff and student feedback items were identified and recommendations were made.
Feedback from In class
The final assessment item did not examine some of the content of the unit. It was suggested that a take home exam or exam may better assess the content of the course.
A formal exam, or take home exam will be considered for the next offering to examine more of the unit content.
Feedback from E-mail
The overall satisfaction of the unit for 2017 was 4.7 with students expressing positive comments on the unit contents and delivery, in particular with the thorough weekly zoom sessions, which were recorded and uploaded.
The current unit structure and delivery methods will be maintained.
Feedback from Student evaluation
The study guides were too brief.
Study guides may be expanded to include additional information to the text book. They will also be updated to reflect recent legislative changes.
Feedback from Student evaluations
Weekly zoom sessions were invaluable and provided assistance is completing the assessment items
Zoom sessions will continue to be used in conjunction with the other resources, especially in terms of completing the assessment items.
- Explain the distinction between income and capital and determine when taxpayers will be assessed on income or capital gains tax
- Differentiate between expenses which constitute deductions and expenses which constitute capital and determine when expenditure may be utilised to reduce a taxpayer's assessable income
- Apply the current tax legislation to the taxation of various entities, including consideration of international taxation agreements
- Research and analyse the Australian Tax System, including the Goods and Services Tax (GST) and Fringe Benefits Tax (FBT) regimes
- Apply analytical and critical legal skills in formulating ethical solutions to problems in revenue law.
Alignment of Assessment Tasks to Learning Outcomes
| Assessment Tasks | Learning Outcomes | ||||
|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | |
| 1 - Written Assessment - 40% | |||||
| 2 - Written Assessment - 60% | |||||
Alignment of Graduate Attributes to Learning Outcomes
| Graduate Attributes | Learning Outcomes | ||||
|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | |
| 1 - Communication | |||||
| 2 - Problem Solving | |||||
| 3 - Critical Thinking | |||||
| 4 - Information Literacy | |||||
| 5 - Team Work | |||||
| 6 - Information Technology Competence | |||||
| 7 - Cross Cultural Competence | |||||
| 8 - Ethical practice | |||||
| 9 - Social Innovation | |||||
| 10 - Aboriginal and Torres Strait Islander Cultures | |||||
Alignment of Assessment Tasks to Graduate Attributes
| Assessment Tasks | Graduate Attributes | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | |
| 1 - Written Assessment - 40% | ||||||||||
| 2 - Written Assessment - 60% | ||||||||||
Textbooks
Principles of Taxation Law 2018
Edition: 2018 (2018)
Authors: Kerrie Sadiq, Cynthia Coleman, Rami Hanegbi, Sunita Jogarajan, Richard Krever, Wes Obst, Jonathan Teoh, Antony Ting
Thomson Reuters (Professional) Australia Limited
Sydney Sydney , NSW , Australia
ISBN: 9780455240688
Binding: Paperback
Additional Textbook Information
Copies can be purchased from the CQUni Bookshop here: http://bookshop.cqu.edu.au (search on the Unit code)
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 3rd ed
For further information, see the Assessment Tasks.
d.katter@cqu.edu.au
Module/Topic
Introduction to Revenue Law
Chapter
POTL 1, 2, 3; ATL 1, 2
Events and Submissions/Topic
Module/Topic
Income and Issues of Residence and Source
Chapter
POTL 4, 5; ATL 3
Events and Submissions/Topic
Module/Topic
Income from Personal Exertion, Assets, Business and Compensation
Chapter
POTL 6, 8, 9, 10; ATL 4, 5, 6
Events and Submissions/Topic
Module/Topic
General Deductions
Chapter
POTL 12; ATL 10
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Specific Deductions and Tax Offsets
Chapter
POTL 13, 15; ATL 11
Events and Submissions/Topic
Module/Topic
Capital Gains Tax (CGT)
Chapter
POTL 11; ATL 7, 8
Events and Submissions/Topic
First assignment due - 17/12/2018 at 11:45pm.
Written Assessment Due: Week 6 Monday (17 Dec 2018) 11:45 pm AEST
Module/Topic
Fringe Benefits Tax (FBT) and Goods and Services Tax (GST)
Chapter
POTL 7, 25; ATL 26, 27
Events and Submissions/Topic
Module/Topic
Trading Stock, Tax Accounting and Small Business Exemptions
Chapter
POTL 16, 17; ATL 14, 13, 15
Events and Submissions/Topic
Module/Topic
Tax Entities- Sole Traders and Partnerships
Chapter
POTL 19; ATL 15, 16
Events and Submissions/Topic
Module/Topic
Tax Entities- Corporations, Shareholders, Trusts and Superannuation
Chapter
POTL 21, 20, 18; ATL 18,17,23
Events and Submissions/Topic
Module/Topic
Tax Avoidance, Tax Administration and International Taxation
Chapter
POTL 23, 24, 22; ATL 25, 24
Events and Submissions/Topic
Module/Topic
Revision
Chapter
Events and Submissions/Topic
2nd Assignment due 7 February 2019 (11:45pm)
Written Assessment Due: Week 12 Thursday (7 Feb 2019) 11:45 pm AEST
Module/Topic
Chapter
Events and Submissions/Topic
1 Written Assessment
Section 6.5(2) of the Income Tax Assessment Act 1997 (Cth) states: "If you are an Australian resident, your assessable income includes the ordinary income you derived directly or indirectly from all sources, whether in or out of Australia, during the income year."
Analyse the legal issues stated within that sub-section and argue whether the sub-section is effective or not.
You are required to submit one WORD document (not PDF) containing all parts of your Written Assessment with the document name as your student name with student number (e.g. Peter Smith s001234)
Full details of the assignment task are available on the Assessment page on the Revenue Law Moodle site. Please ensure that you read all of the information given on the Assessment page on this site.
Week 6 Monday (17 Dec 2018) 11:45 pm AEST
Assignments that are not submitted on time will attract a late penalty of 1.5 marks per day late,unless an extension has been granted . All application of extension should be applied online via Moodle. Please provide document to support your application
Week 8 Monday (7 Jan 2019)
Assignments submitted on time will be returned on Wednesday 7 January 2019 before 11:45pm. No submissions will be accepted after the return date (7 January 2019) unless an extension has been granted beyond the return date.
The written assignment should be limited to 2,500 words, excluding referencing.
Students should follow the Australian Guide to Legal Citation and adopt footnote referencing.
- Explain the distinction between income and capital and determine when taxpayers will be assessed on income or capital gains tax
- Differentiate between expenses which constitute deductions and expenses which constitute capital and determine when expenditure may be utilised to reduce a taxpayer's assessable income
- Apply the current tax legislation to the taxation of various entities, including consideration of international taxation agreements
- Research and analyse the Australian Tax System, including the Goods and Services Tax (GST) and Fringe Benefits Tax (FBT) regimes
- Apply analytical and critical legal skills in formulating ethical solutions to problems in revenue law.
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
- Information Technology Competence
2 Written Assessment
QUESTION
If a taxpayer is dissatisfied with a notice of assessment, discuss and detail how a taxpayer lodge an objection and may appeal to the AAT, the Federal Court, the Full Court of the Federal Court, the High Court of Australia and whether they can appeal to the Judicial Committee of the Privy Council.
Discuss and detail the process of objecting to the Notice of Assessment, including any relevant time frames.
Analyse whether the process is different, if the Assessment is an Amended or Default Assessment.
Provide at least 2 examples of cases that have been appealed to the High Court of Australia and an example of a case that went to the Judicial Committee of the Privy Council.
Consider and discuss the commercial and practical consequences of a taxation appeal.
Analyse also the role, if any, of the Inspector General of Taxation or the Tax Ombudsman.
Required:
Support your answers by reference to statute, case law or Taxation Office Rulings.
You are required to submit one WORD document (not PDF) containing all parts of your Written Assessment with the document name as your student name with student number (e.g. Peter Smith s001234)
Full details of the assignment task are available on the Assessment page on the Revenue Law Moodle site. Please ensure that you read all of the information given on the Assessment page on this site.
Week 12 Thursday (7 Feb 2019) 11:45 pm AEST
Assignments that are not submitted on time will attract a late penalty of 1.5 marks per day late,unless an extension has been granted . All application of extension should be applied online via Moodle. Please provide document to support your application
Exam Week Friday (15 Feb 2019)
Assignments submitted on time will be returned on Friday 15 Feb 2019 before 11:45pm. No submissions will be accepted after the return date (15 Feb 2019) unless an extension has been granted beyond the return date.
The assignment should be of no more than 3000 words, excluding referencing.
- Explain the distinction between income and capital and determine when taxpayers will be assessed on income or capital gains tax
- Differentiate between expenses which constitute deductions and expenses which constitute capital and determine when expenditure may be utilised to reduce a taxpayer's assessable income
- Apply the current tax legislation to the taxation of various entities, including consideration of international taxation agreements
- Apply analytical and critical legal skills in formulating ethical solutions to problems in revenue law.
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
- Information Technology Competence
- Ethical practice
As a CQUniversity student you are expected to act honestly in all aspects of your academic work.
Any assessable work undertaken or submitted for review or assessment must be your own work. Assessable work is any type of work you do to meet the assessment requirements in the unit, including draft work submitted for review and feedback and final work to be assessed.
When you use the ideas, words or data of others in your assessment, you must thoroughly and clearly acknowledge the source of this information by using the correct referencing style for your unit. Using others’ work without proper acknowledgement may be considered a form of intellectual dishonesty.
Participating honestly, respectfully, responsibly, and fairly in your university study ensures the CQUniversity qualification you earn will be valued as a true indication of your individual academic achievement and will continue to receive the respect and recognition it deserves.
As a student, you are responsible for reading and following CQUniversity’s policies, including the Student Academic Integrity Policy and Procedure. This policy sets out CQUniversity’s expectations of you to act with integrity, examples of academic integrity breaches to avoid, the processes used to address alleged breaches of academic integrity, and potential penalties.
What is a breach of academic integrity?
A breach of academic integrity includes but is not limited to plagiarism, self-plagiarism, collusion, cheating, contract cheating, and academic misconduct. The Student Academic Integrity Policy and Procedure defines what these terms mean and gives examples.
Why is academic integrity important?
A breach of academic integrity may result in one or more penalties, including suspension or even expulsion from the University. It can also have negative implications for student visas and future enrolment at CQUniversity or elsewhere. Students who engage in contract cheating also risk being blackmailed by contract cheating services.
Where can I get assistance?
For academic advice and guidance, the Academic Learning Centre (ALC) can support you in becoming confident in completing assessments with integrity and of high standard.
What can you do to act with integrity?
