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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 - Overview of the tax system, the rewrite of the Income 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. • The role of lawyers in tax investigations and dispute resolution. Legal professional privilege and tax advice privilege will be reviewed. The topic will also consider the John George Russell and the "Russell tax template".• Tax planning, tax avoidance, the abusive tax position and tax evasion. Recent cases will be reviewed. • Review of taxpayers' rights and obligations. The Inland Revenue's Taxpayers Charter will be considered.
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.
(i) LAWS101; and (ii) LAWS110
LAWS394 (1999), LAWS395 (2000-2001)
LAWS202-LAWS206
Tutorials will be conducted during the course.
Andrew Maples and Adrian Sawyer
Alistair Hodson
The assessment may be an essay and a final examination. The assessment will be confirmed in the first week of lectures.
Readings will be made available on LEARN.Students should have access to the Income Tax Act 2007.
Domestic fee $709.00
International fee $3,388.00
* 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.
For further information see Faculty of Law .