Semester Two 2010
Selected Issues in Taxation
An introduction to income tax. The course also includes consideration of taxpayers' rights and obligations, tax planning and tax avoidance, the role of lawyers in tax investigations and dispute resolution, comparative tax law and practice.
Lawyers, as well as Accountants, have an important role to play in the field of taxation, particularly in advising clients in respect of their liability to tax, in acting for them in dealings with the Inland Revenue Department and appearing for them before the Taxation Review Authority and the Courts. This course discusses some of the key areas in the field of taxation that are relevant to lawyers in practice.
The course will include:
• Introduction. The core provisions, the rewrite and the legislative scheme of the Tax Act.
• Tax jurisdiction - the concept of residence and derivation of income.
• The concept of income and capital – including the taxation of business profits and personal property sales.
• The tax treatment of items of expenditure including the treatment of interest costs, the prohibition for deducting capital expenditure and the treatment of repairs and maintenance.
• Goods and Services Tax – an introduction.
• Taxpayer’s rights and obligations. The implications of the Finance and Expenditure Committee’s Inquiry into the Powers and Operations of the Inland Revenue Department will also be considered (including Inland Revenue's Taxpayer Charter).
• Tax planning, tax avoidance, the abusive tax position and tax evasion. Recent cases will be reviewed.
• The role of lawyers in tax investigations and dispute resolution. Legal professional privilege and tax advice privilege will be reviewed.
• Comparative Tax Law and Practice. This will include a comparison of the concepts and treatment of income and capital gains between New Zealand and the United States, and recent developments.
The objects of this course are to provide students with an overview of selected parts of the tax system in New Zealand, focussing on the income tax, as well as the operational aspects and the role of lawyers. It is not intended to provide a comprehensive coverage of all major tax issues.
LAWS394 (1999), LAWS395 (2000-2001)
Fortnightly tutorials will be conducted during the course.
Course Coordinator / Lecturers
and Andrew Maples
01 Oct 2010
Assessment is by a research essay and a final examination (worth 50% each).
Examination and Formal Tests
30 Oct 2010
Two sets of materials books will be required for each term.
For further information see
School of Law.
All LAWS352 Occurrences
Semester Two 2010