LAWS20060 - Taxation Law of Australia
Term 2 - 2017


All details in this unit profile for LAWS20060 have been officially approved by CQUniversity and represent a learning partnership between the University and you (our student). The information will not be changed unless absolutely necessary and any change will be clearly indicated by an approved correction included in the profile.

Overview

This unit enables students to acquire a sound knowledge of the Australian taxation system and the compliance requirements. It also provides students with an awareness of the key provisions of the relevant taxation legislation, and enables them to apply the relevant legislative concepts to determine taxation consequences.Topics include: the Constitution and taxation power; the concept, source and derivation of income; trading stock, exempt income, allowable deductions; tax offsets; and the determination of taxable income; decline in value; and miscellaneous business deducations; tax administration; fringe benefits tax; and goods and services tax. If you have successfully completed the unit LAWS20023 you should not enrol in this unit.

Details

Career Level Postgraduate
Credit Points 6
Student Contribution Band [not found]
Fraction of Full-Time Student Load 0.125

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).

Offerings

Term 2 - 2017
  • Brisbane
  • Distance
  • Melbourne
  • Sydney

Website

This unit has a website, within the Moodle system, which is available two weeks before the start of term. It is important that you visit your Moodle site throughout the term. Go to Moodle

Recommended Student Time Commitment

Each 6-credit Postgraduate 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 Task Weighting
1. Practical and Written Assessment 40%
2. Examination 60%

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 Procedures for more details of interim results and final grades.

All University policies are available on the IMPortal.

You may wish to view these policies:

  • Grades and Results Procedure
  • Assessment Policy and Procedure (Higher Education Coursework)
  • Review of Grade Procedure
  • Academic Misconduct Procedure
  • Monitoring Academic Progress (MAP) Policy and Procedure – Domestic Students
  • Monitoring Academic Progress (MAP) Policy and Procedure – International Students
  • Refund and Excess Payments (Credit Balances) Policy and Procedure
  • Student Feedback – Compliments and Complaints Policy and Procedure
  • Acceptable Use of Information and Communications Technology Facilities and Devices Policy and Procedure

This list is not an exhaustive list of all University policies. The full list of University policies are available on the IMPortal.

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 Source Recommendation
Some students would like to do more tutorial questions. Course evaluation. It is recommended that the emphasis in the workshop be shifted slightly towards doing more practical work.
On successful completion of this unit, you will be able to:
  1. Demonstrate a sound understanding of the Australian Taxation system and the sources of Australian taxation by researching and reporting on the Australian regulatory framework for taxation.
  2. Demonstrate a professional knowledge of the main concepts and principles of Australian taxation law by analysing given business scenarios and reporting on the most appropriate planning for, or application of, Australian taxation law.
  3. Demonstrate competence in applying Australian taxation law by calculating and reporting on the correct or most appropriate preparation of income tax returns of moderate complexity for individual taxpayers, companies, partnerships and trusts.
  4. Analyse and report on the compliance requirements of the Australian taxation system, including a critical awareness of the concept of tax avoidance and of general tax avoidance provisions in the Australian Tax legislation.
  5. Provide strategic advice to stakeholders regarding the tax issues arising from common scenarios.

Alignment of Assessment Tasks to Learning Outcomes

Assessment Tasks Learning Outcomes
1 2 3 4 5
1 - Practical and Written Assessment    
2 - Examination

Alignment of Graduate Attributes to Learning Outcomes

  • Professional Level
  • Advanced Level
Graduate Attributes Learning Outcomes
1 2 3 4 5
1. Knowledge  
2. Communication
3. Cognitive, technical and creative skills      
4. Research          
5. Self-management          
6. Ethical and Professional Responsibility          
7. Leadership          

Alignment of Assessment Tasks to Graduate Attributes

  • Professional Level
  • Advanced Level
Assessment Tasks Graduate Attributes
1 2 3 4 5 6 7
1 - Practical and Written Assessment        
2 - Examination          

Prescribed Textbooks

Principles of Taxation Law
Author/s: Sadiq et al Year: 2017
Edition: 2017 Publisher: Thomson Reuters
City: Sydney State: NSW
Country: Australia
Tax Questions and Answers 2017
Author/s: Hodgson, H, Mortimer, C & Butler, J. Year: 2017
Edition: 2017 Publisher: Thomson Reuters
City: Sydney State: NSW
Country: Australia
View textbooks at the CQUniversity Bookshop
Note:

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

You will need access to the following IT resources:
  • CQUniversity Student Email
  • Internet
  • Unit Website (Moodle)
  • Austlii
  • ATO
All submissions for this unit must use the Australian Guide to Legal Citation, 3rd ed referencing style (details can be obtained here). For further information, see the Assessment Tasks below.
Unit CoordinatorDominic Lococo - lococod (d.lococo@cqu.edu.au)
Note: Check the Term-Specific section for any additional contact information provided by the teaching team
Week Begin Date Module/Topic Chapter Events and Submissions
Week 1 10-07-2017

Sources of taxation law

The taxation formula

Tax accounting

Sadiq, et al (2017) Ch 1, 3 & 16

Week 2 17-07-2017

Residence and source

Assessable income

Sadiq, et al (2017) Ch 4 & 5

Week 3 24-07-2017

Income from personal services and employment

Income from business

Income from property

Principles of compensation

Sadiq, et al (2017) Ch 6, 8, 9 & 10

Week 4 31-07-2017

Capital gains tax

Sadiq, et al (2017) Ch 11

Week 5 07-08-2017

General deductions

Specific deductions

Sadiq, et al (2017) Ch 12 & 13

Vacation Week 14-08-2017
Week 6 21-08-2017

Capital allowances

Tax offsets

Sadiq, et al (2017) Ch 14 & 15

Week 7 28-08-2017

Taxation of partnerships

Taxation of trusts

Sadiq, et al (2017) Ch 19 & 20

Week 8 04-09-2017

Taxation of companies

Trading stock

Sadiq, et al (2017) Ch 21 & 17

Individual practical and written assessment Due Wednesday (06 Sep 17) 11:45 PM AEST
Week 9 11-09-2017

Tax avoidance

Taxation administration

Sadiq, et al (2017) Ch 23 & 24

Week 10 18-09-2017

Fringe benefits tax

Sadiq, et al (2017) Ch 7

Week 11 25-09-2017

Goods and services tax

Sadiq, et al (2017) Ch 25

Week 12 02-10-2017

Revision

Revision

Review/Exam Week 09-10-2017
Exam Week 16-10-2017

1 Practical and Written Assessment

Assessment Title Individual practical and written assessment
Task Description

The assignment will consist of two (2) to four (4) questions. The questions will be in a case study format and/or short question format. Students will be required to provide tax advice which may involve tax calculations. A word limit will apply as set out in the detailed assignment task given on the Moodle site.

Assessment Due Date Week 8 Wednesday (06-Sep-2017) 11:45 PM AEST
Assignments submitted after this date (or a date approved by the unit coordinator after an extension application) shall incur a penalty of 5% per day.
Return Date to Students Week 11 Friday (29-Sep-2017)
Assignments will be returned by close of business on Friday of Week 11. If an assignment is submitted late it may be returned after this time.
Weighting 40%
Assessment Criteria

These criteria are a general guide as to the standard expected at the various levels. 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 superior performance on one of the criteria and not so satisfactory performance on another.

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

· Comprehensive coverage of all relevant 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

Referencing Style Australian Guide to Legal Citation, 3rd ed
Submission Online

The assignment must be submitted by 11.45pm on Wednesday of Week 8. The assignment must be submitted in one (1) Word document only. All assignments must be clearly identified with the student name and student number of the submitting student.

Learning Outcomes Assessed
This section can be expanded to view the assessed learning outcomes

1. Demonstrate a sound understanding of the Australian Taxation system and the sources of Australian taxation by researching and reporting on the Australian regulatory framework for taxation.

2. Demonstrate a professional knowledge of the main concepts and principles of Australian taxation law by analysing given business scenarios and reporting on the most appropriate planning for, or application of, Australian taxation law.

3. Demonstrate competence in applying Australian taxation law by calculating and reporting on the correct or most appropriate preparation of income tax returns of moderate complexity for individual taxpayers, companies, partnerships and trusts.

Graduate Attributes
This section can be expanded to view the assessed graduate attributes

1. Knowledge

2. Communication

3. Cognitive, technical and creative skills



Examination

Outline Complete an examination
Date During the University examination period
Weighting 60%
Length 180 minutes
Details Law dictionaries, Business and Law dictionaries (discipline specific dictionaries) are authorised.
Calculator - all non-communicable calculators, including scientific, programmable and graphics calculators are authorised.
Open Book
Learning Outcomes Assessed
This section can be expanded to view the assessed learning outcomes

1. Demonstrate a sound understanding of the Australian Taxation system and the sources of Australian taxation by researching and reporting on the Australian regulatory framework for taxation.

2. Demonstrate a professional knowledge of the main concepts and principles of Australian taxation law by analysing given business scenarios and reporting on the most appropriate planning for, or application of, Australian taxation law.

3. Demonstrate competence in applying Australian taxation law by calculating and reporting on the correct or most appropriate preparation of income tax returns of moderate complexity for individual taxpayers, companies, partnerships and trusts.

4. Analyse and report on the compliance requirements of the Australian taxation system, including a critical awareness of the concept of tax avoidance and of general tax avoidance provisions in the Australian Tax legislation.

5. Provide strategic advice to stakeholders regarding the tax issues arising from common scenarios.

Graduate Attributes
This section can be expanded to view the assessed graduate attributes

1. Knowledge

3. Cognitive, technical and creative skills


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