Goods and Services Tax Principles

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 core tax subject will examine in detail Australia’s Goods and Services Tax (GST) in the context of how a value-added tax works and why it is the favoured form of indirect tax throughout the world. It will consider the policy, aims and objectives of the GST and how it differs from other types of indirect tax. It will provide an advanced understanding of the policy basis and legislative scheme of Australia‘s GST as well as an analysis of rulings and cases that are relevant to the operation of, and compliance with, Australia‘s GST in practice.

Principal topics will include:

• Introduction to the GST: Different forms of VAT/GST and the relation to the income tax base
• Obligation to register for the GST
• Basic concepts for operating the GST: Supply, liability and value for tax, status of the taxable person, definitions of supplies, place of supply, goods and services, value of the consideration, treatment of imports and exports, administration of VAT, treatment of input tax – mixed supplies and apportionment
• Special issues: Real property, financial institutions, government and non-profit-making bodies, agriculture and mining
• International aspects: Obligation for non-residents to register, supplies by non-residents and the reverse charge and exports and imports of goods and services
• Compliance assessment and collection of GST.

A student who has successfully completed this subject should:

• Understand how a value-added tax works and why it is the favoured form of indirect tax throughout the world
• Understand the policy, aims and objectives of a value-added tax and how it differs from other types of indirect tax
• Have an advanced understanding of the policy basis and legislative scheme of Australia’s goods and services tax (GST)
• Have a working knowledge of the legislation, rulings and cases that are relevant to the operation of and compliance with Australia’s GST in practice.

Assignment (30%) (9 September)

Take-home examination (70%) (4–7 October)

OR

10,000 word research paper (100%) (27 November), 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.