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Unit of study_

LAWS6965: Tax Avoidance and Anti-Avoidance

Intensive May, 2021 [Block mode] - Remote

This unit examines the pervasive phenomenon of tax avoidance and the design and effectiveness of common judicial and legislative responses to it. The unit starts by deconstructing typical examples of avoidance to elicit the common design features of avoidance practices. We will also examine the interrelationship between the process of statutory interpretation and the opportunities for avoidance. A particular focus of the unit will be on the scope and operation of Australia’s general anti-avoidance rule, Part IVA, but the unit will also consider the various judicial anti-avoidance doctrines and some of the specific anti-avoidance rules found in Australia’s tax legislation. The unit will also consider the kinds of approaches to tax avoidance and the anti-avoidance regimes employed in other countries. Finally, the unit will examine some of the procedural regimes used to curb the offering of tax avoidance products to taxpayers.

Unit details and rules

Unit code LAWS6965
Academic unit Law
Credit points 6
Prohibitions
? 
None
Prerequisites
? 
None
Corequisites
? 
None
Assumed knowledge
? 

It is assumed that students undertaking this unit have an understanding of Australian income taxation law commensurate with that which would be obtained from completing undergraduate study in Australian taxation law or five years working with Australian tax law in a law or accounting practice in an industry role or in the Australian Taxation Office For students who do not have such knowledge or work experience they first should undertake LAWS6825 Introduction to Australian Business Tax before enrolling in this unit

Available to study abroad and exchange students

No

Teaching staff

Coordinator Graeme Cooper, graeme.cooper@sydney.edu.au
Type Description Weight Due Length
Assignment Research essay (in lieu of exam)
Optional research essay (in lieu of exam)
0% -
Due date: 29 Jun 2021 at 16:00
7500 words
Outcomes assessed: LO1 LO2 LO3 LO4
Final exam (Take-home short release) Type D final exam hurdle task Final exam (in lieu of research essay)
Optional final exam (in lieu of research essay)
0% Please select a valid week from the list below
Due date: 29 Jun 2021 at 12:30
2 hours
Outcomes assessed: LO1 LO2 LO3 LO4
Assignment hurdle task Assignment
Assignment (30%)
0% Week 10
Due date: 10 May 2021 at 16:00
3000 words
Outcomes assessed: LO1 LO4 LO3 LO2
hurdle task = hurdle task ?
Type D final exam = Type D final exam ?

Assessment summary

Assignment (30%)

Each participant is required to submit an assignment, worth 30%, on a topic advised in class. The maximum length of the assignment is 3,000 words.  It is due by 4pm on 10 May 2021. It should be submitted using the Assignment Dropbox function on Canvas. Your assignment will be subject to analysis by similarity detecting software.

 

Exam (70%) – in lieu of research essay

An exam (70%) will be scheduled at the end of the sememster, released on Canvas at 10am on Tuesday, 29 June 2021 and due at 12.30pm on the same day. The examination will be open book exam with duration of 2 hours plus 30 minutes reading time. Students must submit the exam by the due date and time. It is up to you to ensure that you finish writing allowing sufficient time to upload your paper. If you encounter technical difficulties during submission, please email law.taxprogram@sydney.edu.au for assistance. If you are unable to submit the assessment on time, please submit a special consideration application https://www.sydney.edu.au/students/special-consideration.html.

 

Optional Research essay (70%) – in lieu of exam

Participants may, with prior written approval, attempt a Research Essay in lieu of the examination. The research essay will need to be on a topic within the scope of the unit. The research essay is a maximum of 7,500 words. You must include a word count on the cover page of the essay.

Participants who wish to undertake a research essay in lieu of an exam must prepare and submit for approval a written outline of at least 1 page and then make an appointment to discuss the proposed topic. Participants must have secured written permission to undertake a research essay at least one month, that is, by 29 May 2021, before the exam. Approval will not be given after this date.

Participants who undertake a research essay in lieu of examination are expected to undertake independent research, which will need to research a far broader range of resources than the materials listed on the reading lists.

The research essay is due at 4pm on Tuesday 29 June 2021.

Research essays should be typed, double-spaced, and include an abstract, full footnotes and bibliography.

You are expected to cite all sources you rely on to make your arguments. You are expected to cite correctly all the sections, cases, books and articles you refer to. You should use the style from the Australian Guide to Legal Citation available at http://www.library.usyd.edu.au/libraries/law/citation.html

Where material has been obtained from the internet, appropriate references must be provided. Internet material should be cited by providing the address of the site accessed and the date on which it was accessed.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name

Mark range

Description

High distinction

85 - 100

  • Completely answers the question.
  • Contains striking originality of approach or analysis.
  • Demonstrates exhaustive or innovative research (where independent research required).
  • Exceptionally well written, structured and expressed.
  • Is otherwise exceptional in some way.

Distinction

75 - 84

  • Completely answers the question.
  • Achieves a critical and evaluative approach to the issues.
  • Content and structure is well organised in support of the argument.
  • Demonstrates extensive research and analysis to support a well-documented argument.
  • Generally well expressed and free from errors.
  • Has a clear structure and is well articulated.

Credit

65 - 74

  • Covers main issues fairly well in answering the question.
  • Contains no significant errors.
  • Demonstrates an attempted critical approach to the issues.
  • Demonstrates reasonably sound research and analysis in addressing the key issues.
  • Has a clear structure and reasonably clear expression.

Pass

50 - 64

  • Identifies the key issues, but does not follow through with a reasoned argument.
  • Contains some significant errors.
  • Displays satisfactory engagement with the key issues.
  • Offers a descriptive summary of material relevant to the question.
  • Superficial use of material, and may display a tendency to paraphrase.
  • Demonstrates little evidence of in-depth research or analysis.
  • Adequate expression.
  • Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.

Fail

0 - 49

  • Does not answer the question.
  • Contains significant or numerous errors.
  • Few or no identifiable arguments.
  • Content that is inappropriate or irrelevant.
  • Lack of research or analysis.
  • Difficult or impossible to understand through poor grammar, expression or structure.
  • Overall, does not demonstrate the minimum level of competence in the assessment.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

  • Deduction of 5% of the maximum mark for each calendar day after the due date.
  • After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, which has not been granted an extension, will attract a penalty of 10% of the total marks available for the piece of assessment per calendar day or part thereof.

Academic integrity

The Current Student website  provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.  

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

You may only use artificial intelligence and writing assistance tools in assessment tasks if you are permitted to by your unit coordinator, and if you do use them, you must also acknowledge this in your work, either in a footnote or an acknowledgement section.

Studiosity is permitted for postgraduate units unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission.

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

WK Topic Learning activity Learning outcomes
Week 06 Statutory interpretation and characterising transactions Block teaching (6 hr) LO1 LO2 LO3 LO4
Other anti-avoidance rules Block teaching (7 hr) LO1 LO2 LO3 LO4
Part IVA Block teaching (7 hr) LO1 LO2 LO3 LO4
Week 07 Cross-border avoidance – the MAAL and DPT Block teaching (7 hr) LO1 LO2 LO3 LO4
Measures against hybrid instruments and entities Block teaching (7 hr) LO1 LO2 LO3 LO4
Tax advisers, promoters and promoter penalties Block teaching (6 hr) LO1 LO2 LO3 LO4

Attendance and class requirements

Attendance: All students are required to attend 70% of classes (or as otherwise specified by the Unit Coordinator) to satisfy the pass requirements for each unit of study. Attendance requirements may be satisfied by online attendance as specified by the Unit Coordinator. Failure to meet this requirement may result in a student being precluded from sitting the final assessment.

 

Word count penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will exclude bibliography; footnote numbers; footnote citation; cover page and include body text; headings and sub-headings; quotations; anything other than numbers and citations in footnotes.

 

Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer, and a link to the library website where this is set out comprehensively is available at https://libguides.library.usyd.edu.au/c.php?g=508212&p=3476376

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

Most Australian cases can be accessed via Austlii: http://www.austlii.edu.au/

Tax rulings and other administrative materials are available from the ATOs legal database: http://law.ato.gov.au/atolaw/index.htm

Statutory material (including the explanatory memorandum to a bill) can be found at the Federal Register of Legislation: https://www.legislation.gov.au/

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

At the completion of this unit, you should be able to:

  • LO1. understand the policy underlying the legal rules on taxation covered in this unit of study
  • LO2. have a knowledge of the current legal rules on taxation covered in this unit of study
  • LO3. have the ability to interpret other legal rules on taxation applicable to the area covered by the unit of study, whether current or future
  • LO4. apply the legal rules on taxation covered by this unit of study to practical problems

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1 Depth of disciplinary expertise

Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.

GQ2 Critical thinking and problem solving

Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.

GQ3 Oral and written communication

Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.

GQ4 Information and digital literacy

Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.

GQ5 Inventiveness

Generating novel ideas and solutions.

GQ6 Cultural competence

Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.

GQ7 Interdisciplinary effectiveness

Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.

GQ8 Integrated professional, ethical, and personal identity

An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.

GQ9 Influence

Engaging others in a process, idea or vision.

Outcome map

Learning outcomes Graduate qualities
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

This section outlines changes made to this unit following staff and student reviews.

No changes have been made since this unit was last offered

Disclaimer

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