https://courseoutline.auckland.ac.nz/dco/course/LAWHONS/750A/1223

LAWHONS 750A/B : Special Topic: Tax Law and Policy

Law

2022 Semester One (1223) / Semester Two (1225) (20 POINTS)

Course Prescription

Covers tax law and policy generally including: theoretical aspects of tax system design; New Zealand’s system of income tax and GST; problems such as tax avoidance and the taxation of large, heavily digitalized multinational enterprises; and possibilities for reform such as capital gains tax and death duties.

Course Overview

The course will cover some or all of the following broad areas, depending on students’ preferences.

Tax history
  • The tax history of the world
  • New Zealand tax history
Tax Policy
  • Capital gains taxes
  • Death taxes
  • Wealth taxes
  • Green taxes
Tax administration
  • The Revenue’s powers
  • Section 17GB: information for tax policy development
The basic scope of New Zealand’s system of income tax
  • The residence principle
  • The source principle
  • Income
  • Subpart CB and the current tax treatment of capital gains
  • Section BG 1: the general anti-avoidance rule
  • Fringe benefit tax and the problem with 39%
The taxation of companies and Māori authorities
  • Imputation
  • Distributions
  • Losses
The taxation of trusts
  • Foreigners using New Zealand trusts to escape other countries’ taxes
  • The Panama Papers and the Pandora Papers
  • New disclosure rules for domestic trusts
GST – Goods and Services Tax
  • The possibility of preferences for basic foodstuffs, etc
  • Privately imported goods
  • Netflix, etc
International tax
  • Profit reduction techniques
  • Transfer pricing
  • Controlled Foreign Company (CFC) rules
  • Foreign Investment Fund (FIF) rules
  • Thin capitalisation
Double tax treaties
  • The OECD Model Treaty
  • The “permanent establishment” rule
  • Dividends, interest and royalties
  • Employment income
  • Treaty shopping
  • Arbitration
  • Information exchange
  • Assistance in collection
  • The Multilateral Instrument (MLI)
Tax information exchange agreements
  • The OECD Model
  • New Zealand’s network of TIEAs
International tax reform
  • BEPS (Base Erosion and profit Shifting)
  • New Zealand’s response
  • The OECD and Digital Services Taxes
  • The OECD and Pillar One: heavily digitalised businesses
  •  The OECD and Pillar Two: global minimum corporate tax

Course Requirements

Corequisite: LAWCOMM 403 To complete this course students must enrol in LAWHONS 750 A and B

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 (Honours)

Learning Outcomes

By the end of this course, students will be able to:
  1. Understand some of the major issues in tax theory and tax policy.
  2. Understand the law relating to taxation in New Zealand.
  3. Design and carry out a substantial research project.
  4. Write and present a substantial research paper. (Capability 1.1, 1.2, 2.1, 2.2, 2.3, 3.1, 3.2, 3.3, 4.1, 4.2, 4.3, 5.1, 5.2, 6.1, 6.2 and 6.3)

Assessments

Assessment Type Percentage Classification
Participation 10% Individual Coursework
Presentation of research 10% Individual Coursework
Research paper 80% Individual Coursework
3 types 100%
Assessment Type Learning Outcome Addressed
1 2 3 4
Participation
Presentation of research
Research paper

Workload Expectations

An honours seminar is a 20-point course – that is 48 hours of class time. According to the University, as a general guide, you should expect a workload of three hours outside of the classroom for each hour spent in class. That means that the guideline for the total workload for this course is 200 hours. However, given how an honours seminar operates, the reality is that the workload will be different depending on the time of year. In semester 1, you will likely need to spend the several hours per class in order to be properly prepared to participate in discussion. In semester 2, unless you are presenting that particular week, this will not be necessary.

You should, however, be working on your research project steadily throughout the year. Students usually underestimate how much time it takes to get from first draft to finished paper. When you have completed a decent first draft, that is usually the half-way point. You should therefore aim to complete your first draft by the end of the first semester.

Delivery Mode

Campus Experience

Attendance at seminars is required to receive credit for certain components of the course. Seminars will not be recorded.

Learning 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.

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.

Other Information

Students taking LawHons 750 must also take, or have taken, Tax Law, LawComm 403. The reason is that LawHons 750 entails studying tax law and policy at a level that presupposes a basic understanding of the tax system, and it would be undesirable for LawHons 750 to duplicate LawComm 403 (which is a basic introduction to the tax system). Also a substantial number of students taking LawHons 750 are taking (or have taken) LawComm 403 anyway, so students not taking it would be at a significant disadvantage.

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.

Class Representatives

Class representatives are students tasked with representing student issues to departments, faculties, and the wider university. If you have a complaint about this course, please contact your class rep who will know how to raise it in the right channels. See your departmental noticeboard for contact details for your class reps.

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 course assessment continues to meet the principles of the University’s assessment policy. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator/director, 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 students may be asked to submit 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. In exceptional circumstances changes to elements of this course may be necessary at short notice. Students enrolled in this course will be informed of any such changes and the reasons for them, as soon as possible, through Canvas.

Published on 05/11/2021 10:34 a.m.