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LA315 - Revenue & Taxation Law - Introduction LA315 Revenue and Taxation Law
Introduction
General Objectives of the Course
Assessment
Study Topics
Tutorial Attendance and Participation
Moot Court/Simulation Exercise
Expectations as to the Essay
The Examination
The Essay Topic
The Prescribed Text
Completion of the CourseIntroduction
Welcome to the course. This is an elective course. For enrolment prerequisites you should consult the calendar.
The course will be taught partly by teaching sessions given by the course coordinator via the Centra technology. This is an Internet based interactive audio tutorial facility plus internet based notes and materials. A local tutor will also be provided for back up. The teaching session will be conducted by Steve Zorn who is based in New York and who is also the course coordinator.
This is a course about the legal principles relating to revenue and taxation which operation in the South Pacific context. Revenue and taxation regimes can be approached in a variety of ways e.g. from the point of view of financial or accounting theory. But the role of the law here is an important one given that the content of taxation legislation has to be interpreted by the courts and the courts have over a long period of time, developed a number of key principles.
The legislation which you are required to utilize in this course will be available on the School of Law Web Page as are some of the cases which you will need to refer to. There is a book of readings available in the Campus book shop but please be aware that some of the legislation might be a little out of date.
You should make as much use as possible of the Discussion Group for this course to raise questions of general interest to students and to ask questions of your teachers who check the page regularly. The Group Page will be used to post assignments, hints on the assignments and other relevant information. So check it regularly.
Course Objectives
The objectives of this course are for its students:
Assessment
The assessment for the course is broken up into the following components:
- Assignment 1 : 25%
- Assignment 2 : 25%
- End of semester examination: 50%
Topics Covered in the Course
Topic 1: Taxation and Economic Distribution in a Customary Society;
Reciprocity, the Purpose of Taxation.
Reading: Marshall D. Sahlins, "Production, Distribution and Power in a
Primitive (sic) Society," in A. F. C. Wallace, ed., Men and Cultures:
Selected Papers of the Fifth International Congress of Anthropological and
Ethnological Sciences, Philadelphia, 1960, pp. 495-500.
Topic 2: Types of Taxes; Criteria for Evaluating Tax Systems
Reading, Peter Fulcher, Fiji Income Tax Law, pp. 1-20.
Topic 3: Overview of Income Tax
Reading, Fulcher, pp. 21-49
'Topic 4: The Tax Base: What Is, and Is Not, Income
Reading, Fulcher, pp. 50-56
Topic 5: Personal Services Income
Reading: Fulcher, pp. 57-88
Topic 6: Property Gains and Income
Reading: Fulcher, pp. 89-107
Topic 7: Business Income
Reading: Fulcher, pp. 108-139
Topic 8: Deductions
Reading: Fulcher, pp. 140-178
Topic 9: Depreciation and Amortization
Reading: Fulcher, pp. 179-194
Topic 10: Companies and Partnerships
Reading: Fulcher, pp. 226-241 & 258-262
Topic 11: Sales and VAT Taxation
Reading: To Be Announced
Topic 12: Double Taxation; Tax Treaties
Reading: Fulcher, pp. 280-302
Topic 13: Wealth, Land, Estate and Gift Taxes
Reading: To Be Announced
Topic 14 Customs Duties; World Trade Organization Obligations
Topic 15: Review
Expectations as to the Essays
Assignments, in order to pass, must represent clear and well reasoned attempts to answer the question which is posed. They will be assessed on the following criteria. Please read these criteria carefully, particularly when you are preparing your essay.
(1) does the answer reasonably address the issues raised by the question? Issues should be taken here in a fairly broad sense rather than in a narrowly legalistic way, whatever that might mean.(2) are appropriate analytical and critical skills demonstrated? In most instances this will not be demonstrated merely by a repetition of what appears in the textbooks, many of which tend to adopt a black letter or positivistic approach to the topic. In modern equity that is not really possible in any event, because equity does not consist of mere technical rules but of standards or principles which provide guidance for decision making. An ability to assess a given problem from different perspectives will therefore be an advantage.(3) is it a well planned and organised answer?(4) does it demonstrate an ability to understand and to manipulate the relevant concepts?(5) the clarity of English expression(6) does it establish an appropriate context for treatment of the issue? For example, if the question seeks a critical assessment of a particular issue then a merely descriptive effort will not be awarded high marks.The focus of the course is in many ways on you learning how to think critically in terms of received doctrine. You may perceive contradictions in the way in which traditional doctrines of succession operate in certain areas. This is especially relevant in the South Pacific context. You should be aware of these contradictions and certainly be able to argue that they do give rise to problems.
(7) the degree of research undertaken and demonstrated in the answer.It is again not enough to rely on a standard text in the area. The texts could be limited, wrong or outdated in their approach to particular issues. Alternatively they might be attempting to provide you with an overly narrow ‘legalistic’ view of the topic. You should read more widely and attempt to develop a critical approach to the problems and questions which are set.
(8) In the case of problem questions especially, an ability to evaluate the problem and to formulate different strategies to deal with the problem.
