Comparative Corporate Tax

This subject has the following teaching availabilities in 2013:

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.

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 and critique 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 to 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/

This subject aims to provide a comparison of the corporate tax systems of a number of countries of economic and cultural significance to Australia. It will provide an introduction to the corporate tax systems of Australia’s major trading partners, which will assist students in assessing the likely outcomes of proposed corporate dealings both within the countries selected for comparison and between them. The subject will identify the available options for taxing corporate income and assess the appropriateness of those options or a combination thereof. For tax professionals, this subject builds a structural knowledge and familiarity with different corporate tax systems. It develops an ability to ask direct and informed questions about a foreign country’s tax law and discuss at a high level particular issues with respect to those laws with foreign tax professionals.

This subject will compare and analyse tax law in selected countries.

Principal topics will include:

• The theoretical framework for defining entities subject to corporation tax
• Taxation of corporate income when derived
• Taxation of corporate income when distributed
• Treatment of gains/losses on the disposal of shares
• Corporate formation and reorganisation; liquidation
• International taxation of corporate income.

This subject aims to provide a comparison of the income tax law and policy of Australia with our major trading partners, including the United States, Japan, the United Kingdom, Canada and some European countries, with a particular focus on business taxation. The subject will provide a basic overview of the income tax systems of these countries and will include detailed comparative case studies focusing in particular on the UK, drawing on Mr Bowler Smith's expertise. It will assess the likely tax outcomes of a range of business transactions in each of the countries selected for comparison. The comparative framework provides an opportunity for identifying options for taxing business income that can indicate directions for business tax reform.

Assignment (30%) (22 April)

Take-home examination (70%) (17–20 May)

or

7,000 word research paper (70%) (26 June) on a topic approved by the subject coordinator

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.