- Class Number 7536
- Term Code 3060
- Class Info
- Unit Value 6 units
- Mode of Delivery In Person
- Samuel Sherry
- Samuel Sherry
- Class Dates
- Class Start Date 27/07/2020
- Class End Date 30/10/2020
- Census Date 31/08/2020
- Last Date to Enrol 03/08/2020
The course introduces students to the principles of tax law in Australia with a focus on income tax. The important provisions of the Income Tax Assessment Acts 1936 and 1997 about the concepts of income, capital gains, and deductions are considered in detail. Other topics include international aspects of income tax, tax treatment of different entities, the anti-avoidance provisions, and goods and services tax.
Upon successful completion, students will have the knowledge and skills to:
- Recognize situations that have income tax and GST implications under Australian law;
- Understand the principles and rules relating to the determination of income tax and GST (including tax avoidance provisions) as it operates in relation to individuals and other entities;
- Apply the tax law principles learnt to specific factual situations;
- Calculate income tax liability and GST liability;
- Analyze and evaluate the tax implications of using various legal forms (companies; partnerships; trusts);
- Discuss, analyze and draw conclusions in relation to the various tax issues considered, in a clear and concise manner, using statutory provisions and case authorities in support.
Your lectures and tutorials will incorporate insights gained from relevant research in various tax law areas, such as: the economic implications of particular taxes and tax policies; the High Court’s interpretation of key tax concepts; corporate tax avoidance and tax-motivated profit-shifting by Australian multinational enterprises; and tax incentives for early stage and innovative companies.
Prescribed Text: Sadiq et al, Principles of Taxation Law, Thomson Reuters, 2020. A list of readings (i.e. chapter references) will be given in week 1.
Students are expected to have access to a copy of the prescribed text for the duration of the semester. The book can be purchased from the on campus bookshop, with a small number of copies also available for 2 hour loan in the reserve loan section of the Law Library. The ANU Library has also organised access to the e-book version via https://library.anu.edu.au/record=b6739251, but with limited concurrent users at any one time.
You will be able to manage with a 2019 or 2018 second hand copy but you will need to make sure you make updates where necessary (you will be alerted to changes in the lecture/tutorials).
Legislation: Students must have access to the relevant legislation. Students may access the legislation online, either through the AustLII website (www.austlii.edu.au) or the Federal Register of Legislation (www.legislation.gov.au).
Barkoczy, S. Foundations of Taxation Law 2020, 12th edition. Oxford University Press.
Sadiq, K. Australian Taxation Law Cases 2020: a guide to the leading cases for business, commerce and law students. Thomson Reuters.
Bain, K. and Mortimer, C. Tax Questions and Answers 2020, 24th edition. Thomson Reuters.
Students are also encouraged to make use of the Taxation Law subject guide on the ANU Library website, as this contains links to the major taxation law databases (e.g., CCH Intelliconnect) which provide access to bills, cases, commentary, legislation and tax rulings. In addition, ANU students have access to a wide range of taxation journals.
Students will be given feedback in the following forms in this course:
- Verbal feedback to their contributions during tutorials and lectures;
- Verbal feedback if they attend consultation – students will be first asked their own view on questions they have difficulty with before the lecturer/tutor responds;
- Online practice questions posted before the mid-semester break;
- Detailed written comments in relation to their Take Home Exam;
- Brief written feedback within a reasonable time if they present their understanding of a particular area via email;
- Online explanations (via wattle) to quizzes conducted in tutorials.
ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). The feedback given in these surveys is anonymous and provides the Colleges, University Education Committee and Academic Board with opportunities to recognise excellent teaching, and opportunities for improvement. The Surveys and Evaluation website provides more information on student surveys at ANU and reports on the feedback provided on ANU courses.
As a further academic integrity control, students may be selected for a 15 minute individual oral examination of their written assessment submissions.
Any student identified, either during the current semester or in retrospect, as having used ghost writing services will be investigated under the University’s Academic Misconduct Rule.
Email and the Wattle Course Website
Email and the Wattle course website are the preferred ways of communication.
If necessary, the lecturer and tutors for this course will contact students on their official ANU student email address. Students should use this email address when contacting staff as spam filters used by ANU may not allow other email addresses to be received. Information about your enrolment and fees from the Registrar and Student Services' office will also be sent to this email address.
Students are expected to check the Wattle site for announcements about this course, e.g. changes to timetables or notifications of cancellations. Notifications of emergency cancellations of lectures or tutorials will be posted on the door of the relevant room.
|Week/Session||Summary of Activities||Assessment|
|1||Introduction to the Australian Tax System|
|2||Residence and Source|
|3||Assessable Income||Tutorial preparation|
|4||Capital Gains Tax||Tutorial preparation|
|5||General Deductions||Take Home Exam released|
|6||Specific Deductions; Capital Expenditure||Take Home Exam due|
|7||Timing Issues: Trading Stock and Tax Accounting|
|8||Partnerships and Trusts||Tutorial preparation|
|10||Goods and Services Tax||Tutorial preparation|
|11||Tax Planning; Tax Avoidance; Tax Administration|
|12||Special Topics in Tax Research||Tutorial preparation|
Please see Wattle for tutors’ information.
This course includes live on-line tutorials. Tutorial signup for this course will be done via the Wattle website. Detailed information about signup times will be provided on Wattle. When tutorials are available for enrolment, follow these steps:
1. Log on to Wattle, and go to the course site.
2. Click on the link “Tutorial enrolment”.
3. On the right of the screen, click on the tab “Become Member of ……” for the tutorial class you wish to enter.
4. Confirm your choice.
If you need to change your enrolment, you will be able to do so by clicking on the tab “Leave group…” and then re-enrol in another group. You will not be able to enrol in groups that have reached their maximum number. Please note that enrolment in ISIS must be finalised for you to have access to Wattle.
|Assessment task||Value||Due Date||Return of assessment||Learning Outcomes|
|Tutorial Preparation||10 %||10/03/2020||04/11/2020||1,2,3,4,5,6|
|Take Home Exam||30 %||02/09/2020||07/10/2020||1,2,3,4,5,6|
|Final Exam||60 %||05/11/2020||03/12/2020||1,2,3,4,5,6|
* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details
ANU has educational policies, procedures and guidelines, which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Misconduct Rule before the commencement of their course. Other key policies and guidelines include:
The ANU is using Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. For additional information regarding Turnitin please visit the Academic Integrity . In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.
Moderation of Assessment
Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.
Assessment Task 1
Learning Outcomes: 1,2,3,4,5,6
Students are required to submit tutorial preparation on Turnitin on 5 occasions during the semester (see the Class Schedule section of this document for the weeks in which submissions are required). Where submissions are required, they will be due by 5pm Monday. A maximum of 2 marks per submission can be obtained for satisfactory preparation. 2 marks will be awarded where the submission shows a genuine attempt to answer all questions set for the tutorial and the answer refers to relevant tax principles. 1 mark will be awarded if the submission is not quite satisfactory but shows some attempt to answer the questions. A mark of 0 will be awarded if the student has failed to prepare, or if the submission is too vague or obviously irrelevant.
Even where the submission appears to be complete with relevant material, a mark of 1 or 0 will be awarded where the student has copied excessively from teaching or other materials and overall it appears the student has not made a genuine attempt to answer the set questions.
Due Date: The due date listed in the assessment summary is for the first submission.
Return date: The return date listed in the assessment summary is the latest return date. However, progressive feedback will be provided on this assessment by Week 6.
Assessment Task 2
Learning Outcomes: 1,2,3,4,5,6
Take Home Exam
You will be asked to give tax advice in relation to a hypothetical fact scenario. The expected time required to write a very good answer to the Take Home Exam is half a day to 1 day. You will be given around 1 week, and this is so that you can fit this Take Home Exam around your other commitments.
You need to treat the Take Home Exam like an exam – this means that you cannot discuss the question with your classmates, and you need to prepare the answer entirely by yourself. You cannot seek help from your lecturer or tutor – this would obviously be unfair to other students. If you think some aspect of the question is unclear, you may seek clarification from your lecturer.
Word limit: 1,500 words
Presentation requirements: Typed using size 12 font and either 1.5 or double spacing.
Submission: Submission will be online via Turnitin. Late submission is not permitted.
Referencing requirements: You will need to acknowledge sources to the extent that you rely on the analysis or arguments of others. You may use any accepted referencing system (e.g. Harvard). Further details will be provided during the semester.
Assessment Task 3
Learning Outcomes: 1,2,3,4,5,6
You will need to provide tax advice in relation to a number of fact scenarios – you will need to give explanations for your answers, and also perform some calculations. All aspects of the course are potentially examinable including those areas previously assessed in the Take Home Exam. The final exam will be held in the University’s examination period. Further details will be provided no later than Week 12 of semester.
Centrally administered examinations through Examinations, Graduations & Prizes will be timetabled prior to the examination period. The due date listed in the assessment summary is the earliest possible date. Please check ANU Timetabling for further information. Exam scripts will not be returned. Students may review their exam scripts by appointment during scheduled sessions at the RSA School Office.
Academic integrity is a core part of the ANU culture as a community of scholars. At its heart, academic integrity is about behaving ethically, committing to honest and responsible scholarly practice and upholding these values with respect and fairness.
The ANU commits to assisting all members of our community to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. The ANU expects staff and students to be familiar with the academic integrity principle and Academic Misconduct Rule, uphold high standards of academic integrity and act ethically and honestly, to ensure the quality and value of the qualification that you will graduate with.
The Academic Misconduct Rule is in place to promote academic integrity and manage academic misconduct. Very minor breaches of the academic integrity principle may result in a reduction of marks of up to 10% of the total marks available for the assessment. The ANU offers a number of online and in person services to assist students with their assignments, examinations, and other learning activities. Visit the Academic Skills website for more information about academic integrity, your responsibilities and for assistance with your assignments, writing skills and study.
You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. Unless an exemption has been approved by the Associate Dean (Education) submission must be through Turnitin.
For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.
Late submission not permitted. Submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.
Accepted academic practice for referencing sources that you use in presentations can be found via the links on the Wattle site, under the file named “ANU and College Policies, Program Information, Student Support Services and Assessment”. Alternatively, you can seek help through the Students Learning Development website.
Return of Take Home Exam Papers:
The Take Home Exam Papers will be returned to students and results will also be available via Wattle.
Extensions and Penalties
Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. Extensions may be granted for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.
Resubmission of Assignments
Resubmission of the Take Home Exam is not permitted.
Distribution of grades policy
Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.
Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.
Support for students
The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).
- ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
- ANU Diversity and inclusion for students with a disability or ongoing or chronic illness
- ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
- ANU Academic Skills and Learning Centre supports you make your own decisions about how you learn and manage your workload.
- ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
- ANUSA supports and represents undergraduate and ANU College students
- PARSA supports and represents postgraduate and research students
Sam’s research interests include capital markets-based taxation research, in particular, the interplay between taxes and employee compensation arrangements, and tax incentives for early stage and innovative companies.