Taxation of Small and Medium Enterprises

This subject has the following teaching availabilities in 2012:

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Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.

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The Melbourne Law Masters welcomes applications from students with disabilities. The inherent academic requirements for study in the Melbourne Law Masters are:

• The ability to attend a minimum of 75% of classes and actively engage in the analysis of complex materials and debate;
• The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
• The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
• The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
• The ability to work independently and as a part of a group;
• The ability to present orally and in writing legal analysis to a professional standard.

Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact the Disability Liaison Unit: www.services.unimelb.edu.au/disability/

Taxation of Small and Medium Enterprises (SMEs) is for tax professionals in general or specialist tax practitioners advising SMEs, or for government officials working in this sector.

It is co-taught by leading practitioners with many years of experience in tax advice for the Australian SME sector, who deliver an advanced, commercially essential subject through application of the tax law to topical case studies. Small and medium business enterprises operating through private companies, trusts and partnerships must deal with some of the most complex and challenging rules in the tax system, and face a high tax compliance and planning burden. It equips students with an advanced knowledge of tax rules and the latest reforms for SMEs, integrating the technical law that participants learn in other subjects, including Taxation of Business and Investment Income, Capital Gains Tax, Corporate Tax A, Taxation of Trusts and State Taxes.

As an advanced subject that involves consideration of complex and competing principles from numerous parts of the tax and other laws, it may be best studied towards the end of your tax course.

Principal topics will include:

• Income tax and capital gain tax rules applicable to trusts, private companies and partnerships, when establishing a new business, its operation and ultimate sale, winding up or business succession
• Tax issues for private companies and shareholders, including Div 7A of the Income Tax Assessment Act 1936 (Cth)
• Tax issues relating to remuneration by SMEs and financing of SMEs
• Tax concessions for SMEs, in particular the capital gains tax small business concessions
• Trust streaming, trust loss and capital distribution rules affecting SMEs
• Tax integrity and anti-avoidance rules for SMEs, including trust anti-avoidance rules and personal services income rules
• Tax planning for SME structuring, asset protection and estate and business succession, incorporating key state and federal tax, asset protection and estate issues
• Asset for SME entities, their owners and high wealth families.

A student who has successfully completed this subject should:

• Have a detailed knowledge of the tax law applicable to entities used by small and medium enterprises (SMEs), with a particular focus on taxation of trusts, partnerships and unincorporated joint ventures
• Be confident in advising on the application of tax to the different legal entities used by SMEs
• Have a good foundation from which to develop further understanding of key planning and structuring issues for SMEs.

Assignment (30%) (10 September)

Take-home examination (70%) (12 pm 12 October to 5 pm 15 October)

Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Visit the Melbourne Law Masters website for more information about this subject.

This subject is not available as a breadth subject.