LAWCOMM 420 : Advanced Tax Law

Law

2021 Semester Two (1215) (15 POINTS)

Course Prescription

A more advanced study of tax law covering topics such as tax history; tax theory; the taxation of companies; dividends; imputation; groups; losses; qualifying companies; trusts; withholding obligations; accruals; avoidance; international tax; profit reduction techniques; transfer pricing; controlled foreign corporations (CFCs); foreign investment funds (FIFs); tax treaties.

Course Overview

LECTURES
Lecture 1
1. Introduction
2. Basic tax and advanced tax
3. Course overview
Part I: Tax Theory and Policy
Lectures 2 to 5
The Hall/Rabushka flat tax
Lectures 6 and 7
Tax reform in New Zealand
Lectures 8 to 10
Capital gains taxes
Part II: Corporate Tax
Lecture 11
1. The problem of corporate profits
2. Four possible solutions
Lecture 12
Imputation
1. Imputation credit accounts
2. The position of shareholders
3. Foreign investor tax credits
Lectures 13 to 17
Distributions
1. Dividends
2. Liquidations
3. Returns of capital – on-market and off-market
4. Bonus issues – taxable and non-taxable
5. Hybrids
6. Inter-company dividends
7. RWT and NRWT
8. Other issues
Lectures 18 to 21
Other issues in corporate tax
1. Losses
2. Groups
3. Consolidation
4. Amalgamation
5. Look-through companies
Part III: International Tax
Lecture 22
Overview of international tax
1. The problem of double tax
2. Unilateral relief: exemption; deduction; credit
3. Bilateral relief: treaties
Lectures 23 and 24
Profit reduction techniques
1. Transfer pricing
2. Tax-haven entities
3. Re-invoicing
4. Financing arrangements
5. Intellectual property arrangements
6. Captive insurance companies
Lectures 25 to 27
Transfer pricing
1. The problem
2. Comparable uncontrolled price
3. Resale price
4. Cost plus
5. Profit split
6. Comparable profit
7. Cases
Lecture 28
A. Controlled Foreign Corporations (CFCs)
1. The nature and scope of the problem
2. Possible solutions
3. Attributed foreign income
4. Definition of CFC
5. Active income and passive income
B. Foreign Investment Funds (FIFs)
1. FIF interests
2. Comparative value method
3. Attributable FIF income method
4. Deemed rate of return method
5. Fair dividend rate method
6. Cost method
Lecture 29
Thin capitalisation
Lectures 30 to 32
Tax treaties
1. The OECD Model Treaty
2. The “home” state
3. The “source” state
4. Permanent establishment
5. Treaty shopping
Part I: Tax Theory and Policy (revisited)
Lectures 33 to 35
1. BEPS (Base Erosion and profit Shifting)
2. The OECD and Digital Services Taxes
Lecture 36
1. Revision
2. Preparation for the exam


Course Requirements

Prerequisite: LAWCOMM 403 Restriction: LAW 409, COMLAW 311

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
Graduate Profile: Bachelor of Laws

Learning Outcomes

By the end of this course, students will be able to:
  1. Identify and 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, 2.1, 2.2, 4.1, 6.2 and 6.3)
  2. Understand and critically evaluate the law of New Zealand relating to the taxation of corporations and their shareholders. (Capability 1.1, 1.2, 1.3, 2.1, 2.3, 3.1, 3.3, 4.1, 4.3, 5.1, 5.2, 6.2 and 6.3)
  3. Understand and critically evaluate some of the techniques used by multinational enterprises to reduce their liability to tax. (Capability 1.1, 1.2, 1.3, 2.1, 2.2, 2.3, 3.1, 3.2, 3.3, 4.1, 5.1, 5.2, 6.2 and 6.3)
  4. Explain the law of New Zealand relating to the use of techniques used by multinational enterprises to reduce their liability to tax. (Capability 1.2, 2.2, 2.3, 3.1, 3.2, 3.3, 4.1, 5.1, 5.2, 6.2 and 6.3)

Assessments

Assessment Type Percentage Classification
Final Exam 70% Individual Examination
Assignments 30% Individual Coursework
Assessment Type Learning Outcome Addressed
1 2 3 4
Final Exam
Assignments

There will also be an assessment exercise to provide feedback on your understanding of the course early on in the semester. This exercise will have no marks attached to it.

Workload Expectations

This is a standard 15-point course. There will be around 36 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 150 hours.

Delivery Mode

Campus Experience

Attendance is optional but correlates highly with success and therefore recommended. Lectures will be recorded but students are strongly advised not to rely on the recordings only.

Learning Resources

Readings will be available on canvas or specified on canvas.

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.

Published on 14/12/2020 01:31 p.m.