Overview
This unit is an advanced elective in taxation which builds on previous studies in taxation law and practice. Topics covered in this unit include advanced company tax, including Division 7A and dividend imputation; superannuation; advanced capital gains tax; international taxation; tax planning; tax agent registration and ethical issues including consideration of the Professional Code of Conduct and the Tax Agent Services Act 2009; anti-avoidance; contemporary taxation problems.
Details
Pre-requisites or Co-requisites
Prerequisite: LAWS 19033
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 2 - 2017
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 Course evaluation
The overall satisfaction of the course for 2016 was 4.6 with students expressing positive comments on the course contents and delivery, in particular with the recorded weekly collaboration sessions.
The current structure and delivery will be maintained.
- Explain some of the key principles of Australian taxation law.
- Apply taxation law to meet the requirements of various classes of taxpayers.
- Discuss the basic elements of tax planning.
Alignment of Assessment Tasks to Learning Outcomes
| Assessment Tasks | Learning Outcomes | ||
|---|---|---|---|
| 1 | 2 | 3 | |
| 1 - Written Assessment - 30% | |||
| 2 - Examination - 70% | |||
Alignment of Graduate Attributes to Learning Outcomes
| Graduate Attributes | Learning Outcomes | ||
|---|---|---|---|
| 1 | 2 | 3 | |
| 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 - 30% | ||||||||||
| 2 - Examination - 70% | ||||||||||
Textbooks
Australian Master Tax Guide 2017
60th edition (2017)
Authors: CCH
CCH
Sydney Sydney , NSW , Australia
ISBN: 9780994621184
Binding: Paperback
Tax Questions and Answers 2017
Edition: 2017 (2017)
Authors: Hodgson, Mortimer & Butler
Thomson Reuters
Sydney Sydney , NSW , Australia
ISBN: 9780455239347
Binding: Paperback
Additional Textbook Information
The examination for this unit is an open book examination. Textbooks will be allowed into the exam room but there will be no access to electronic devices so e-textbooks will not be suitable for this purpose.
The prescribed textbooks are used extensively throughout the unit and it is strongly recommended that you purchase these texts.
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
All submissions for this unit must use the referencing styles below:
- Australian Guide to Legal Citation, 3rd ed
- American Psychological Association 6th Edition (APA 6th edition)
For further information, see the Assessment Tasks.
w.tupou@cqu.edu.au
Module/Topic
Additional features of company taxation and dividend imputation - Consolidation and deemed dividends
Chapter
Master Tax Guide
Ch. 8 [8-000]-[8-020]
Ch. 4 [4-100]-[4-320]
Tax Questions and Answers
Qs8.6;8.16;8.17;8.30
Events and Submissions/Topic
Module/Topic
Additional features of company taxation and dividend imputation - Simplified imputation system
Chapter
Master Tax Guide
Ch. 4 [4-400]-[4-880]
Tax Questions and Answers
Qs 8.1;8.4;8.13;8.15
Events and Submissions/Topic
Module/Topic
Additional features of partnerships and trusts
Chapter
Master Tax Guide
Partnerships
Ch. 5 [5-060], [5-070]-[5-210]
Ch.11[11-200]
Ch 3 [3-475]
Trust
Ch.6 [6-240],[6-270]-[6-277]
Tax Questions and Answers
Qs 9.4;9.10;9.11;10.15;10.22
Events and Submissions/Topic
Module/Topic
Taxation of special taxpayers:primary producers
Chapter
Master Tax Guide
Ch.18
Ch.9 [9-250]-[9-260];[9-290]-[9-300]
Tax Questions and Answers
Qs12.1;12.4;12.5;12.6;12.7
Events and Submissions/Topic
Module/Topic
Advanced capital gains tax
Chapter
Master Tax Guide
Ch.11 [11-380] [11-640]-[11-770]
Ch.12 [12-000] - [12-480]
Ch.7 [7-050] -[7-195]; [7-250]
Tax Questions and Answers
Qs 3.12;3.14;3.7;3.21
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Termination payments
Chapter
Master Tax Guide
Ch.14 [14-600]-[14-730]
Tax Questions and Answers
Q11.13
Events and Submissions/Topic
Module/Topic
Taxation of special taxpayers: superannuation fund
Chapter
Master Tax Guide
Ch. 13[13-010] -[13-220];[13-700]-[13-800]
Ch. 39
Tax Questions and Answers
Qs 11.1;11.2;11.3;11.4
Events and Submissions/Topic
Module/Topic
Australian international taxation
Chapter
Master Tax Guide
Ch. 21 [21-670]-[21-765]
Ch. 22 [22-140]-[22-165], [22-580]-[22-650]
Tax Questions and Answers
Qs 13.1;13.6;13.8;13.16;13.19;13.24
Events and Submissions/Topic
Module/Topic
Advanced tax administration
Chapter
Master Tax Guide
Ch. 24 [24-300]-[24-380]
Ch. 29
Ch. 32
Ch. 33
Tax Questions and Answers
Qs 14.3;14.10;14.11;15.2
Events and Submissions/Topic
Module/Topic
Anti-avoidance provisions
Chapter
Master Tax Guide
Ch. 30
Ch. 16 [16-020], [16-045], [16-530]
Tax Questions and Answers
Qs14.7;15.1;15.7;15.8
Events and Submissions/Topic
Module/Topic
Tax planning
Chapter
Master Tax Guide
Ch. 31
Tax Questions and Answers
Qs 15.4;15.5;15.9;15.10
Events and Submissions/Topic
Module/Topic
Summary and review
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
1 Written Assessment
This written assignment is a case study that comprises of 3 parts. For part a, you are required to do calculations for a partnership that involves primary production. For part b, you are required to provide tax advice to the partnership who is planning to dispose of their cattle business in anticipation for their retirement. For part c, you are to analyse the tax implications of dividends and the disposal of shares.
Full details of the assignment task are available on the Assessment page on the Taxation Law and Practice B Moodle site. Please ensure that you read all of the information given on the Assessment page on this site.
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)
Week 6 Wednesday (23 Aug 2017) 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 Wednesday (6 Sept 2017)
Assignments submitted on time will be returned on Wednesday 7 September 2016 before 11:45pm. No submissions will be accepted after the return date (7 September 2016) unless an extension has been granted beyond the return date.
Assessment criteria
Criteria that will determine the mark given in relation to assessment in this unit will be:
- Identification of all issues that arise in the question
- Discussion of theory or calculation with workings that underlies those issues
- Identification of relevant sections of legislation
- Identification of relevant case authorities
- Application of the law to the facts that arise in the question
- Mastery of referencing
- Spelling and grammar accuracy
A mark sheet is available on Moodle which will outline the marks allocation on the criteria listed above.
As a general guide, characteristics indicative of the respective levels of achievement in the assignment are as follows. It is not necessarily the case that all these criteria will be met at a particular standard as there may be a better performance on some criteria over others.
High distinction standard
- the answer is very well written and clearly expressed
- there is a demonstrated appreciation and understanding of the issues involved
- the answer is well structured and logically organised
- demonstrated mastery of referencing system
- there is evidence of a comprehensive analysis of the issues
- conclusions are backed by well-reasoned arguments demonstrating a detailed insight and analysis of issues
- references are made to the appropriate legislation for particular issues
- statutory provisions are analysed and interpreted correctly
- the legislation is applied to the particular fact situation in a competent manner
- consideration is given to the operation of the common law
- there may be consideration of issues not raised in the tutorials and answer guides
Distinction standard
- the answer is well written and expressed
- the answer is structured and logical
- the issues have been reasonably well identified and appreciated
- there is correct use of referencing
- issues have been analysed
- reference is made to all appropriate legislation,although the analysis and interpretation is not as detailed and reasoned as for the high distinction standard
- the effect of the common law is considered
- there is a comprehensive coverage of the issues
- occasional errors of law and legal reasoning may still be present
Credit standard
- the answer is generally well written and expressed
- the answer is structured and sequential
- referencing is satisfactory
- issues are identified and addressed
- there has been an attempt to analyse some of the issues
- the coverage of issues is reasonably comprehensive often with a good treatment and analysis of particular points
- errors of law and incorrect reasoning may sometimes be present
- statutory interpretation may require improvement
- depth of treatment is often lacking in some of the issues
Pass standard
- the answer is able to be followed and understood
- the answer could perhaps be better organised and structured
- the referencing may need improvement
- issues may need to be identified and addressed in more depth
- analysis when present may be incorrect
- some familiarity with the legislation and its application is demonstrated
- sometimes the conclusions reached are simple
- there may be several errors of law
- there may be quantities of material of marginal relevance included in the answer
Fail standard
- the answer may be significantly short of the required length
- the written expression is poor and difficult to understand
- the answer is poorly organised
- there has been a failure to identify and address the issues in the question
- referencing is generally inadequate
- there is a lack of familiarity with the legislation and its appropriate application
- the reasoning and application demonstrated is poor
- frequently there is much irrelevant material
- Explain some of the key principles of Australian taxation law.
- Apply taxation law to meet the requirements of various classes of taxpayers.
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
Examination
Law dictionaries, Business and Law dictionaries (discipline specific dictionaries) are authorised.
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?
