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LAWS77-498: Taxation of International Business January 2021 [Standard]

General information

Taxation of International Business is an elective subject in postgraduate programs offered by the Faculty of Law. This subject considers jurisdiction to tax and the Australian taxation of overseas business transactions, international financial transactions and investment, with special emphasis on the Asia-Pacific region.

Details

Academic unit:Faculty of Law
Subject code:LAWS77-498
Subject title:Taxation of International Business
Subject level:Postgraduate
Semester/Year:January 2021
Credit points:10

Delivery & attendance

Timetable: https://bond.edu.au/timetable
Delivery mode:

Standard

Workload items:
  • Seminar: x12 (Total hours: 36) - Seminar 1
  • Personal Study Hours: x12 (Total hours: 84) - Recommended Study Hours
Attendance and learning activities: There will be 12 seminars in the 211 semester. Attendance and participation will be monitored and students who fail to attend at least 80%of seminars will be refused assessment. Seminars build on the work of the previous session. It is extremely difficult to recover if you miss a seminar. Seminars will not be streamed.

Resources

Prescribed resources:
  • OECD (2017). OECD Model Tax Convention on Income and Capital. OECD
  • will be made available in 2020 (2020). via. [Other resources]
After enrolment, students can check the Books and Tools area in iLearn for the full Resource List.
[email protected] & Email:[email protected] is the online learning environment at Bond University and is used to provide access to subject materials, lecture recordings and detailed subject information regarding the subject curriculum, assessment and timing. Both iLearn and the Student Email facility are used to provide important subject notifications. Additionally, official correspondence from the University will be forwarded to students’ Bond email account and must be monitored by the student.

To access these services, log on to the Student Portal from the Bond University website as www.bond.edu.au

Enrolment requirements

Requisites: ?

Nil

Assumed knowledge:

Assumed knowledge is the minimum level of knowledge of a subject area that students are assumed to have acquired through previous study. It is the responsibility of students to ensure they meet the assumed knowledge expectations of the subject. Students who do not possess this prior knowledge are strongly recommended against enrolling and do so at their own risk. No concessions will be made for students’ lack of prior knowledge.

Juris Doctor students are expected to have completed a minimum of 80 credit points of compulsory law subjects.

Restrictions: ?

Must be admitted into a Masters Law degree OR LA-43040 Doctor of Legal Science (Research) OR be an approved Law Study Abroad or Law Exchange student.

Anti-requisites: ?

Assurance of learning

Assurance of Learning means that universities take responsibility for creating, monitoring and updating curriculum, teaching and assessment so that students graduate with the knowledge, skills and attributes they need for employability and/or further study.

At Bond University, we carefully develop subject and program outcomes to ensure that student learning in each subject contributes to the whole student experience. Students are encouraged to carefully read and consider subject and program outcomes as combined elements.

Program Learning Outcomes (PLOs)

Program Learning Outcomes provide a broad and measurable set of standards that incorporate a range of knowledge and skills that will be achieved on completion of the program. If you are undertaking this subject as part of a degree program, you should refer to the relevant degree program outcomes and graduate attributes as they relate to this subject.

Find your program

Subject Learning Outcomes (SLOs)

On successful completion of this subject the learner will be able to:
  1. Understand and apply the basic principles governing key areas of international business taxation.
  2. Gain unique insights into current high level decisions in the international tax arena through seminars where key players in international tax share their current international tax issues and ongoing practical application of tax strategy.
  3. Reflect on seminars and record their individual responses, demonstrating analysis and critical thinking.
  4. Showcase their initiative, critical thinking, analysis and writing skills as well as learning outcomes through the selection of a current international tax topic of their choice (after obtaining consent of the coordinator), writing a substantial individual publication standard paper on this topic.

Assessment

Assessment details

TypeTask%Timing*Outcomes assessed
Class Participation Seminar attendance and participation 20% Ongoing 1, 2.
Journal Reflective Journal of 6,600 words, 600 words each reflection on the first 11 seminars. To be submitted on Tuesday 6 April 2021, week 12. 20% Week 12 1, 2, 3.
Essay Written Assessment - 5,000 words. Please note: individual topics are to be selected by students, and must be officially approved by the subject coordinator by Monday, of week 10 in order to be assessed. Submission by Thursday 8 April 2021 (Week 12) 60% Week 12 1, 2, 4.
  • * Assessment timing is indicative of the week that the assessment is due or begins (where conducted over multiple weeks), and is based on the standard University academic calendar
  • C = Students must reach a level of competency to successfully complete this assessment.

Assessment criteria

High Distinction 85-100 Outstanding or exemplary performance in the following areas: interpretative ability; intellectual initiative in response to questions; mastery of the skills required by the subject, general levels of knowledge and analytic ability or clear thinking.
Distinction 75-84 Usually awarded to students whose performance goes well beyond the minimum requirements set for tasks required in assessment, and who perform well in most of the above areas.
Credit 65-74 Usually awarded to students whose performance is considered to go beyond the minimum requirements for work set for assessment. Assessable work is typically characterised by a strong performance in some of the capacities listed above.
Pass 50-64 Usually awarded to students whose performance meets the requirements set for work provided for assessment.
Fail 0-49 Usually awarded to students whose performance is not considered to meet the minimum requirements set for particular tasks. The fail grade may be a result of insufficient preparation, of inattention to assignment guidelines or lack of academic ability. A frequent cause of failure is lack of attention to subject or assignment guidelines.

Quality assurance

For the purposes of quality assurance, Bond University conducts an evaluation process to measure and document student assessment as evidence of the extent to which program and subject learning outcomes are achieved. Some examples of student work will be retained for potential research and quality auditing purposes only. Any student work used will be treated confidentially and no student grades will be affected.

Study information

Submission procedures

Students must check the [email protected] subject site for detailed assessment information and submission procedures.

Policy on late submission and extensions

A late penalty will be applied to all overdue assessment tasks unless an extension is granted by the subject coordinator. The standard penalty will be 10% of marks awarded to that assessment per day late with no assessment to be accepted seven days after the due date. Where a student is granted an extension, the penalty of 10% per day late starts from the new due date.

Policy on plagiarism

University’s Academic Integrity Policy defines plagiarism as the act of misrepresenting as one’s own original work: another’s ideas, interpretations, words, or creative works; and/or one’s own previous ideas, interpretations, words, or creative work without acknowledging that it was used previously (i.e., self-plagiarism). The University considers the act of plagiarising to be a breach of the Student Conduct Code and, therefore, subject to the Discipline Regulations which provide for a range of penalties including the reduction of marks or grades, fines and suspension from the University.

Bond University utilises Originality Reporting software to inform academic integrity.

Feedback on assessment

Feedback on assessment will be provided to students within two weeks of the assessment submission due date, as per the Assessment Policy.

Disability support

If you have a disability, illness, injury or health condition that impacts your capacity to complete studies, exams or assessment tasks, it is important you let us know your special requirements, early in the semester. Students will need to make an application for support and submit it with recent, comprehensive documentation at an appointment with a Disability Officer. Students with a disability are encouraged to contact the Disability Office at the earliest possible time, to meet staff and learn about the services available to meet your specific needs. Please note that late notification or failure to disclose your disability can be to your disadvantage as the University cannot guarantee support under such circumstances.

Additional subject information

Students may be asked to respond to questions from the subject coordinator regarding the content of their assessments. Students are expected to keep evidence of drafting and research.

Subject curriculum

The importance of tax considerations in International Business. Key issues: The Global marketplace; Globalisation; The Multinational Enterprise; Tax systems are based on Sovereignty

Understanding Double Tax Agreements; The Singapore-Australia DTA; The OECD Model; Methods for the Elimination of Double Taxation; Function of DTAs; Mutual Agreement Procedure; Key principles used in Agreements.

The OECD's BEPS Action Plan and its impact on Tax Treaties; Guest speaker on Tax Treaties;

The importance of Transfer Pricing in the 21st century; What is Transfer Pricing.

A examination of Transfer Pricing in Australia.

Unilateral, bilateral and multilateral agreements; advantages and disadvantages; Guest speakers on Transfer Pricing

APAs contd; Guest speakers on APAs.

Revision; CFC rules; Application of the CFC regime; unlisted & listed country CFCs; FITOs;

A global consideration of thin capitalisation; A consideration of recent tax haven issues.

The Global Forum on Transparency and Exchange of Information for Tax Purposes; Guest speakers on CFCs and thin capitalisation.

Approved on: Jan 28, 2021. Edition: 1.10