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This course considers the interpretation of legislation; taxation of capital gains and investments; tax investigations and dispute resolution; GST; FBT; international taxation; ethics; and tax planning, avoidance and evasion.
In recent years, the growth in the complexity of taxation law and the increased awareness of the need for research into aspects of taxation have made it desirable that certain topics are considered in a specialist taxation course. The emphasis in ACCT358 will be on practical and legal aspects of taxation, as well as an appreciation of the intricate nature of taxation law. Broadening the focus beyond the legislation is a critical aspect, as is recognising the plethora of new developments and highlighting the fact that taxation law and practice is far from static. The course requires students to have a working knowledge and background in taxation. The course material will build upon this knowledge and develop other avenues for examination. Completion of the course should provide students with a framework to evaluate taxation issues and a foundation for involvement in taxation matters in their employment. It provides an excellent preparation for ACCT359, and subsequent honours level courses in taxation.BCOM LEARNING GOALSThe following are the four Learning Goals for the BCom degree:1. Graduates can demonstrate advanced knowledge of their selected subject major, informed by the broader context of commerce. • The assignment, test and exam are opportunities to demonstrate advanced knowledge of the taxation issues related to companies; the application of the general anti-avoidance rule; the dispute resolution process and the Commissioner of Inland Revenue’s key information gathering powers; the penalties applicable to a tax shortfall; ethics and international taxation. For accreditation purposes advanced knowledge will be assessed in the exam. 2. Graduates are able to use analytical thinking and problem-solving skills to address specific problems.• The assignment, test and exam all require application of theories to new problems. For accreditation purposes analytical thinking and problem-solving skills will be assessed in the test.3. Graduates can understand issues from a range of ethical, global and multicultural perspectives.• This Learning Goal is not covered specifically in this course but in ACCT359.4. Graduates are able to communicate effectively both orally and in written form.• This Learning Goal is not covered specifically in this course but in ACCT359.
Having engaged in learning during the course, students will be able to: (e.g. explain, discuss, apply and, where appropriate, evaluate)1. Critically evaluate whether a particular arrangement or transaction constitutes tax avoidance (and the application of the General Anti-Avoidance Rule or GAAR);2. Determine appropriate penalties applicable to a tax shortfall;3. Demonstrate an understanding of ethical issues; 4. Demonstrate an understanding of issues of international taxation such as the application of double tax agreements (DTAs);5. Describe the steps involved in the dispute resolution process and outline the Commissioner of Inland Revenue’s key information gathering powers; and6. Demonstrate an understanding of the taxation issues related to companies.
(1) ACCT152 or ACIS152, orLAWS101; and (2) ACCT254 or ACIS254 or LAWS326 or LAWS352 or LAWS394 or LAWS395
ACIS358, ACIS354
Please note because of limitations of space and the number of tutorials that can be offered, students MUST attend the tutorial they have enrolled in unless prior approval from the course supervisor has been given.
Adrian Sawyer
Andrew Maples
Stewart Karlinsky (Professor Emeritus at San Jose State University)
Required:Lecture and tutorial readings and related materials will be available to be downloaded from LEARN.CCH, Income Tax Legislation, 2013 or 2014; or Thomson Reuters, Taxation Legislation Handbook 2013 or 2014 (your legislation needs to have the Income Tax Act 2007).CCH, Master Tax Guide, 2013 or 2014; or Thomson Reuters New Zealand Taxation 2012 or 2013.Recommended additional reading (not an exhaustive list):CCH, A Practical Guide to Tax Penalties in New Zealand, CCH (NZ) Ltd, 1st edition (second edition publication date of April 2014).Coleman, J. Tax Avoidance Law in New Zealand, CCH(NZ) Ltd, 2nd edn, April 2013.Ernst & Young, Surviving an IRD Tax Audit, Brookers Ltd, 1999.Harris, Ohms, Plunket, Sharp and Smith, Income Tax in New Zealand, Brookers Ltd, 2004.McKenzie, GST: A Practical Guide, CCH NZ Ltd, 9th edn, 2012.Maples, A.J. and Sawyer, A.J. (eds), Taxation Issues – Existing and Emerging, (Christchurch, Centre for Commercial and Corporate Law, 2011).Molloy, Molloy on Tax Disputes, Investigations and Crimes, Fishermore Press, 1988.Report of the Wine Box Inquiry 1997.Ross, S. and Burgess, P., Income Tax: A Critical Analysis, (2nd Edition), The Law Book Company Limited, 1996.Sawyer, A.J. (ed), Taxation Issues in the Twenty First Century, (Christchurch, Centre for Commercial and Corporate Law, 2006).Thomson Reuters, New Zealand Journal of Taxation Law & Policy – 4 issues p.a. (available via the UC Library under “Tax Service” online, under “Databases”).In addition, students will be expected to familiarise themselves with various handouts issued throughout the semester and with other references to which they will be directed, most of which will be made available on LEARN.
Course Outline 2014 Outline Learn
Domestic fee $709.00
International fee $3,063.00
* All fees are inclusive of NZ GST or any equivalent overseas tax, and do not include any programme level discount or additional course-related expenses.
This course will not be offered if fewer than 20 people apply to enrol.
For further information see Department of Accounting and Information Systems .