LAWCOMM 403 : Tax Law
Law
2021 Semester One (1213) (20 POINTS)
Course Prescription
Course Overview
The course is designed to introduce students to New Zealand tax law and practice. It begins with an introduction to tax policy and tax theory. This is followed by an examination of New Zealand’s system of income tax, this country’s most important tax, to which most of the course is devoted. The course also covers GST (Goods and Services Tax), the country’s second most important tax. Whilst the course is mainly about income tax and GST, it also covers aspects of tax administration, tax disputes procedures and the ethics of tax practice. The course is about the New Zealand tax system, but examines also both (a) the basic issues that arise in any tax system and (b) some of the solutions adopted in countries other than New Zealand.
Capabilities Developed in this Course
| Capability 1: | Disciplinary Knowledge and Practice |
| Capability 2: | Critical Thinking |
| Capability 3: | Solution Seeking |
| Capability 4: | Communication and Engagement |
| Capability 5: | Independence and Integrity |
| Capability 6: | Social and Environmental Responsibilities |
Learning Outcomes
- Describe some of the major issues in tax theory and tax policy, both generally and as they arise in New Zealand (Capability 1.1, 1.3, 6.2 and 6.3)
- Interpret some of the literature on tax theory and tax policy (Capability 1.1, 1.3, 6.2 and 6.3)
- Evaluate on the basis of theoretically sound criteria, (a) New Zealand’s existing tax system, (b) other existing tax systems and (c) proposals for tax reform (both in New Zealand and elsewhere). (Capability 1.1, 2.2, 2.3, 3.1 and 3.2)
- Demonstrate an understanding of the overall structure of the New Zealand tax system. (Capability 1.1, 1.2 and 1.3)
- Demonstrate familiarity with the Income Tax Act 2007 and the Goods and Services Tax Act 1985, the case law relevant to their interpretation and operation. (Capability 1.1, 1.2, 1.3 and 2.1)
- Develop a thorough understanding of some of the more important concepts in tax law, such as the distinctions between (a) capital and revenue and (b) tax avoidance and acceptable tax planning. (Capability 1.1, 1.2, 1.3, 2.1, 2.2, 2.3, 3.1, 4.1, 4.2, 5.1 and 5.2)
- Use Judgment, logic and the precise use of language in analysing the cases in which the courts have examined important concepts in tax law. (Capability 1.2, 2.1, 2.2, 2.3, 3.1, 4.1, 4.2, 4.3, 5.1 and 5.2)
- Demonstrate an understanding of the income tax and GST consequences of a transaction or series of transactions. (Capability 1.2, 1.3, 2.1, 2.2, 2.3, 3.2, 4.1, 5.1 and 5.2)
- Explain some basic tax planning techniques and adapt them to variable circumstances. (Capability 1.2, 1.3, 2.1, 2.3, 3.1, 3.2, 4.1 and 5.1)
- Demonstrate an understanding of the ethical issues pervading tax law and practice. (Capability 1.1, 1.3, 2.1, 2.2, 3.1, 4.1, 4.2, 4.3, 5.1, 6.2 and 6.3)
Assessments
| Assessment Type | Percentage | Classification |
|---|---|---|
| Essay | 30% | Individual Coursework |
| Final Exam | 70% | Individual Examination |
| 2 types | 100% |
| Assessment Type | Learning Outcome Addressed | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | |
| Essay | ||||||||||
| Final Exam | ||||||||||
A quiz towards the beginning of the course will give students feedback on their understanding of the important concepts and issues of tax law. It will have no marks attached to it.
Workload Expectations
This is a standard 20-point course. There will be around 48 hours of lectures in this course. As a general guide, you should expect a workload of three hours outside of the classroom for each hour spent in class. The guideline for the total workload for this course is 200 hours.
Delivery Mode
Campus Experience
Learning Resources
Student Feedback
At the end of every semester students will be invited to give feedback on the course and teaching through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions.
Your feedback helps teachers to improve the course and its delivery for future students.
Class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.
Digital Resources
Course materials are made available in a learning and collaboration tool called Canvas which also includes reading lists and lecture recordings (where available).
Please remember that the recording of any class on a personal device requires the permission of the instructor.
Academic Integrity
The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed against online source material using computerised detection mechanisms.
Inclusive Learning
All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course director, lecturer or tutor.
Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website http://disability.auckland.ac.nz
Special Circumstances
If your ability to complete assessed coursework is affected by illness or other personal circumstances outside of your control, contact a Student Academic and Support Adviser as soon as possible before the assessment is due.
If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page https://www.auckland.ac.nz/en/students/academic-information/exams-and-final-results/during-exams/aegrotat-and-compassionate-consideration.html.
This should be done as soon as possible and no later than seven days after the affected test or exam date.
Learning Continuity
In the event of an unexpected disruption we undertake to maintain the continuity and standard of teaching and learning in all your courses throughout the year. If there are unexpected disruptions the University has contingency plans to ensure that access to your course continues and your assessment is fair, and not compromised. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator, and if disruption occurs you should refer to the University Website for information about how to proceed.
Student Charter and Responsibilities
The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter https://www.auckland.ac.nz/en/students/forms-policies-and-guidelines/student-policies-and-guidelines/student-charter.html.
Disclaimer
Elements of this outline may be subject to change. The latest information about the course will be available for enrolled students in Canvas.
In this course you may be asked to submit your coursework assessments digitally. The University reserves the right to conduct scheduled tests and examinations for this course online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. The final decision on the completion mode for a test or examination, and remote invigilation arrangements where applicable, will be advised to students at least 10 days prior to the scheduled date of the assessment, or in the case of an examination when the examination timetable is published.