Goods and Services Tax Principles

This subject is not offered in 2014.

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 the legislative scheme of Australia’s value-added tax – the Goods and Services Tax (GST) – and how Australia’s law approaches the principles of the international model of value-added tax. It will provide an understanding of the policy and design 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: The objectives of a general tax on consumption and the design features and legislative scheme of Australia’s GST
• GST’s ‘basic rules’ and the legislative building blocks contained in the GST law: The taxable person, consumption expenditure, tax value, registration, jurisdictional scope, exemptions, the destination principle, input tax relief, liabilities, attribution, returns and payments
• Special issues: Real property and financial intermediation
• International aspects: Obligation for non-residents to register, supplies by non-residents and the reverse charge and exports and imports of goods and services.

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%) (21 May)
  and
• Take-home examination (70%) (4 – 7 July)
  or
• 10,000 word research paper (100%) (13 August) 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. Details regarding any prescribed texts will be provided prior to the commencement of the subject.

This subject is not available as a breadth subject.