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 - 2019
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.
- 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
(2019)
Authors: Sadiq et al
Thomson Reuters
Pyrmont Pyrmont , QLD , Australia
ISBN: 9780455241780
Binding: Paperback
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 4th ed
For further information, see the Assessment Tasks.
k.unger@cqu.edu.au
Module/Topic
Introduction to Revenue Law
Chapter
Principles of Taxation Law 2019 - Chapters 1, 2 and 3
Events and Submissions/Topic
Module/Topic
Income and Issues of Residence and Source
Chapter
Principles of Taxation Law 2019 - Chapters 4 and 5
Events and Submissions/Topic
Module/Topic
Income from Personal Exertion, Assets, Business and Compensation
Chapter
Principles of Taxation Law 2019 - Chapters 6, 8, 9, and 10
Events and Submissions/Topic
Module/Topic
General Deductions
Chapter
Principles of Taxation Law 2019 - Chapter 12
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Specific Deductions and Tax Offsets
Chapter
Principles of Taxation Law - Chapters 13 and 15
Events and Submissions/Topic
Module/Topic
Capital Gains Tax (CGT)
Chapter
Principles of Taxation Law - Chapter 11
Events and Submissions/Topic
Module/Topic
Fringe Benefits Tax (FBT) and Goods and Services Tax (GST)
Chapter
Principles of Taxation Law - Chapters 7 and 25
Events and Submissions/Topic
Module/Topic
Trading Stock and Tax Accounting and Small Business Exemptions
Chapter
Principles of Taxation Law 2019 - Chapters 16 and 17
Australian Premium Master Tax Guide (Available through CCH subscription on CQU Library) - Chapter 7
Events and Submissions/Topic
Module/Topic
Tax Entities- Trusts and Partnerships
Chapter
Principles of Taxation Law 2019- Chapters 19 and 20
Events and Submissions/Topic
Module/Topic
Tax Entities- Corporations, Shareholders, and Superannuation
Chapter
Principles of Taxation Law 2019 - Chapters 18 and 21
Events and Submissions/Topic
Module/Topic
Tax Avoidance, Tax Administration
Chapter
Principles of Taxation Law 2019 - Chapters 22 and 24
Events and Submissions/Topic
Module/Topic
International Taxation
Chapter
Principles of Taxation Law - Chapter 22
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
1 Written Assessment
Analyse the decision of the Full Federal Court in Harding v Commissioner of Taxation [2019] FCAFC 29. Your analysis should include discussion of the following:
1. The facts of the case
2. The parties involved in the case
3. The history of the case
4. The arguments put forward by each party
5. The issue(s) to be decided
6. The decision(s) of the Court
7. The reasoning of the Court in reaching its decision
8. Any significant consequences of the decision
NOTE: Your assignment must be your own analysis of this case.
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 7 Monday (6 Jan 2020) 11:45 am AEST
Assignments that are not submitted on time will attract a late penalty unless an extension has been granted. All extension applications should be made via Moodle. Please provide documentation to support your application.
Week 9 Monday (20 Jan 2020)
Assignments submitted on time will be returned on Monday 20 January 2020 before 11:45pm. No submissions will be accepted after the return date (20 January 2019) unless an extension has been granted beyond the return date.
A detailed assessment criteria and marking rubric will be provided on Moodle. However, the following criteria will generally be used to grade the assignment:
1. Your ability to identify the RELEVANT facts of the case;
2. Your ability to develop these RELEVANT facts into a logical argument.
3. Your ability to demonstrate an understanding of the key issues decided by the case.
4. Your ability to identify resulting changes from the case - for example, did this case clarify the law, or change it? In what way?
5. Clarity of communication, which will include, but not be limited to the development of a clear and logical structure, the use of headings and so on. Please note that the assignment should be limited to 2500 words, excluding referencing.
6. Correct referencing. Please note that you are required to follow the Australian Guide to Legal Citation version 4 and adopt footnote referencing.
Note: You must read beyond the study materials and textbook to do the assignment.
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
- Information Technology Competence
- 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.
2 Written Assessment
This assessment item is a written assignment worth 60%. It is due on Wednesday the 12th of February 2020 (Week 12). It assesses of the content of the unit covered in Weeks 3 - 12, however, you will be expected to research beyond the textbook and learning materials to complete this assessment item. The assignment contains three questions. The first question will require you to apply the knowledge that you will have gained throughout the course to calculate a hypothetical taxpayers' taxable income and net tax payable for the 2019 income tax year. You will also be required to provide advice to this taxpayer as to his proposed business restructure. The second part of the assignment will require you to provide advice to a hypothetical taxpayers' in relation to their objection and appeal rights following the receipt of a Notice of Amended Assessment. The third and final question requires you to demonstrate your knowledge of the way superannuation is taxed. The assignment as a whole will require you to demonstrate your information literacy skills by locating information about tax and to further demonstrate your problem solving skills by identifying tax issues and locating the relevant legislative and secondary sources to support your argument regarding these issues. Specifically, you will be required to identify and provide references to relevant taxation legislation, case law, and ATO guidance materials such as Taxation Rulings. Again, you will be expected to do research beyond the textbook and learning materials to complete this assessment item. The total word count for the assignment is 3000 words. The word limit will be strictly adhered to - markers will be instructed to not read beyond 3000 words.
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 Wednesday (12 Feb 2020) 11:45 pm AEST
Assignments that are not submitted on time will attract a late penalty unless an extension has been granted. All extension applications should be made via Moodle. Please provide documentation to support your application.
Exam Week Friday (21 Feb 2020)
Assignments submitted on time will be returned on Friday 21 Feb 2020 before 11:45pm. No submissions will be accepted after the return date (21 Feb 2020) unless an extension has been granted beyond the return date.
A detailed assessment criteria and marking rubric will be provided on Moodle. However, the following criteria will generally be used to grade the assignment:
1. Your ability to identify the KEY issues.
2. Your ability to develop these KEY issues into a logical argument. In the case of the hypothetical questions, this will mean supporting your answers with reference to legislation, case law and ATO guidance materials.3. Accurate numerical answers, where relevant.
4. Clarity of communication, which will include, but not be limited to the development of a clear and logical structure, the use of headings and so on. Please note that the assignment should be limited to 3000 words, excluding referencing.
5. Correct referencing. Please note that you are required to follow the Australian Guide to Legal Citation version 4 and adopt footnote referencing.
Note: You must read beyond the study materials and textbook to do the assignment.
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
- Information Technology Competence
- Ethical practice
- 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.
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.