Introduction to Taxation Law (LAWS5144)

Course overview

Introduction to basic concepts of income tax legislation such as income, residence & source; timing of recognition of receipt of income; capital gains; allowable deductions & treatment of trading stock.

The impact of laws relating to taxation are unavoidable, commercially and in personal transactions. Governments at all levels raise revenue by imposing taxes, along with a variety of other means of extraction and taxes are paid by individuals and other business organisations. In this first taxation subject we examine the basic structure of the Australian income tax system, primarily for individuals together with other taxation related topics as required by the professions for accreditation.

My Tax Saver Prize:ﾠ The student with the highest markﾠin their first attempt at LAWS5144 will be recommended for this prize.

The Australian Taxation Reporter Prize:ﾠ The student with the highest mark in their first attempt at LAWS5144 will be recommended for this prize.

Course requirements

Assumed background

It is important for students to have completed a sufficient amount of law study prior to enrolling in this course because the study of taxation law relies on knowledge taught in foundation law subjects, knowledge that will be assumed as understood. The lecturer does not have an opinion of your ability to circumvent the recommended prerequisites for this course.

Prerequisites

You'll need to complete the following courses before enrolling in this one:

LAWS2706 + 2707 + 2709 + 3702 or 4112

Incompatible

You can't enrol in this course if you've already completed the following:

LAWS3101 or 7012 or 7144

Restrictions

LLB(Hons) and LLB(Hons) dual programs

Course contact

Course staff

Timetable

The timetable for this course is available on the UQ Public Timetable.

Additional timetable information

Tuition in LAWS5144 consists of three hours per week, consisting of:

(a) one three-hour seminar that will offer both lecture-style instruction and problems to solve in class.

(b) The seminar (lecture-style) instruction will, within an analytical framework, assist in:

ﾠ (i) Gaining an overview of the doctrinal content of taxation law (pre-reading is recommended).

ﾠ (ii) Developing a conceptual and analytical framework of the central themes, policies and principles of taxation law.

The seminar instruction lectures will not offer an exclusive and exhaustive account of the material that the student needs to understand to become competent in taxationﾠlaw.

(c) The problem solving part of seminars will allow for the exploration and in depth thinking about problems presented relevant to the topics studied in this course.ﾠThe seminars are directly concerned with content in the context of problem solving ability and provide greater insight into central themes and issues underpinning taxation law. Problems are available in advance for students to peruse and attempt prior to attending.

NB

Please ensure that your most oft-checked email (preferred email address) is either your UQ email address or alternatively that your UQ email address is forwarded automatically to your preferred email address.

An attendance roll is kept and participation noted.

Aims and outcomes

Teaching Mission Statement

The mission of the TC Beirne School of Law is to educate students in and about the law. We seek to assist you to think critically about the law and to investigate its structures, principles, policies, and values. This is achieved by engaging with you as fellow investigators in a range of critical and intellectual conversations about the law and its place in society. Our role is thus to guide you in your own intellectual journey in the law and to equip you with the necessary skills that will enable you to continue that journey long after you have left the School.

Course Aims

• To equip students with sufficient knowledge in Australian taxation law to enable them to deal with business persons and legal advisers in an informed and reasoned manner.
• To demonstrate the development of legal principles through case law and statutory provisions.
• To provide a methodology for solving legal problems based on the following steps:
  • identifying the issue;
  • stating the relevant principles and authorities;
  • applying the law; and
  • reaching a conclusion.
• To instil an attitude of professionalism and an awareness of ethical standards with regard to:
  • presentation of written work;
  • dealings with University staff;
  • interaction with peers and members of the professions.
• To enhance verbal communication skills by encouraging students to participate in discussion and debate of legal issues.
• To inspire students to approach the study of law with a keen and inquiring mind, and to maintain life-long interest in legal issues.

Learning outcomes

After successfully completing this course you should be able to:

Assessment

Assessment summary

Assessment details

Assignment

• Online

Mode

Written

Category

Paper/ Report/ Annotation

Weight

40%

Due date

15/04/2025 1:00 pm

An assignment due on a topic to be advised from the first four weeks of class.

Learning outcomes

L01, L02, L03, L04, L05

Task description

Submission guidelines

The assignment must be submitted electronically via the assessment submission link on the course Learn.UQ (Blackboard) site.

Deferral or extension

You may be able to apply for an extension.

The maximum extension allowed is 7 days. Extensions are given in multiples of 24 hours.

Extension to Assessment Due Date

Where an extension for an assessment item due within the teaching period in which the course is offered is available, any extension is limited to one week (7 days). In exceptional circumstances, extensions may be granted for more than one week, but in no case will an extension exceed four weeks (28 days) in total. Where a student is incapacitated for a period exceeding four weeks of the teaching period, they should apply for removal of course.

A student may apply for an extension to assessment due date if they are unable to meet an assessment deadline due to extenuating circumstances. Please refer to the Applying for an extension page on my.UQ for further details on acceptable reasons for an extension and for instructions on how to apply. Additional information on extensions can be found within the Assessment Procedure .

Spoken or written notification of difficulties with assessment deadlines to a course coordinator or the School does not constitute an authorised extension.

Applications to be submitted before the due date: Applications for extension (whether they be medical or exceptional circumstances) shall be made by the due date and time for the assessment. Requests for extensions received after the assessment item submission due date and time, must include evidence of the reason for the late request, and will require the decision maker listed in the Student Grievance Resolution Procedure to accept the request for consideration.

Late submission

A penalty of 10% of the maximum possible mark will be deducted per 24 hours from time submission is due for up to 7 days. After 7 days, you will receive a mark of 0.

Penalties for Late Submission

The following penalties apply to late submission of an assessment item, assuming that an extension has not been approved, and that late submission is academically possible (e.g., it does not delay feedback to a cohort, or interfere with course delivery).

First 7 periods of 24 hours (or part thereof) - 10% per 24 hours of the maximum possible mark for the assessment item. For example, a report worth a maximum of 40 marks, submitted 28 hours late will attract a penalty of 8 marks, calculated as 2 periods of 24 hours x 10% x 40 marks.

More than 7 periods of 24 hours - 100%.

In-Semester Examination

• In-person

Mode

Written

Category

Examination

Weight

60%

Due date

6/05/2025 8:00 am

Other information will be provided closer to the exam date.

Other conditions

Time limited.

See the conditions definitions

Learning outcomes

L01, L02, L03, L04, L05

Task description

Exam details

Submission guidelines

Deferral or extension

You may be able to defer this exam.

Course grading

Full criteria for each grade is available in the Assessment Procedure.

Supplementary assessment

Supplementary assessment is available for this course.

Additional assessment information

This will be a problem-based exam. Further information about assessment will be available on the LAWS5144 Blackboard site.

Learning resources

You'll need the following resources to successfully complete the course. We've indicated below if you need a personal copy of the reading materials or your own item.

Library resources

Find the required and recommended resources for this course on the UQ Library website.

Additional learning resources information

The best way to learn the subject matter and to understand what is required is to attend seminars and participate in the solving of the seminar problems.

Self-reading and learning along with an attempt at the problem prior to discussion is aﾠsuperior means of acquiring knowledge and skill.ﾠFrom there it is strongly recommended that students enhance their knowledge from the recommended textbooks and following up to ensure that they have grasped the legal principles. Once an understanding is obtained in a particular topic then it is necessary to read the case law.

Students will find it most beneficial to check the BlackBoard (Learn.UQ) site for LAWS5144 regularly.

It is very important to ensure that your UQ contact email address is routed to your usual email address. This will help you to keep up to date withﾠimportant announcements sent to students via email throughout the semester. Emails from the coordinator are sent regularly and are preferred to the announcements board on the UQ Learn / Blackboard website for notifications and updates.

Note that ATH is available via the UQ library online and can also be purchased by students. Similarly for Barkoczy, however the UQ licence has strict limits on the number of users who can simultaneously access the resource. For those leaving study for exams until the last moment, it is better to acquire a physical copy of this text to ensure it is available when you need it.

Learning activities

The learning activities for this course are outlined below. Learn more about the learning outcomes that apply to this course.

Additional learning activity information

Seminars will follow the topics set out, however depending on class progress, there may be necessary variations. These will be signposted. The seminars allow for students to begin their learning journey by exploration of: (1) conceptual legal development of the course material; (2) an evaluation of key principles and their relations; (3) identification of legal questions, including conceptual principles, for deep understanding of course content; and (4) use relevant material in the solving of problems. Students will benefit from preparation prior to the seminar, attendance at the seminar, and participation in the seminar. As for lectures and tutorials, seminars do not provide outlines for repetition in examinations, nor are they exhaustive in the reach of subject matter that students are expected to learn.

Policies and procedures

University policies and procedures apply to all aspects of student life. As a UQ student, you must comply with University-wide and program-specific requirements, including the:

• Student Code of Conduct Policy
• Student Integrity and Misconduct Policy and Procedure
• Assessment Procedure
• Examinations Procedure
• Reasonable Adjustments - Students Policy and Procedure

Learn more about UQ policies on my.UQ and the Policy and Procedure Library.

School guidelines

Your school has additional guidelines you'll need to follow for this course:

• Law School Announcements and Policies