Subjects 2009
Advanced International Tax: Offshore Entities (formerly Taxation of Overseas Entities) 730658
- Credited Courses: Graduate Diploma in Corporations and Securities Law 538; Graduate Diploma in Corporations and Securities Law 538; Graduate Diploma in International Tax 191; Graduate Diploma in International Tax 191; Graduate Diploma in Legal Studies L08; Graduate Diploma in Tax 187; Graduate Diploma in Tax 187; Graduate Diploma in Transnational Law 333; Master of Commercial Law 504; Master of Commercial Law 504; Master of International Tax 192; Master of International Tax 192; Master of Laws (LLM) 502; Master of Laws (LLM) 502; Master of Tax 742; Master of Tax 742
Objectives
This subject aims to provide an up-to-date account of the taxation of Australian residents in respect of their interest in foreign entities under the controlled foreign company, foreign investment fund and transferor trust regimes. The subject will critically examine the policy underlying the provisions and undertake a comprehensive review of the detail of the rules. Students will also evaluate whether the rules effectively achieve their policy objectives, whether they are susceptible to tax planning and their effects on compliance.
Syllabus
Principal topics will include:
- Introduction and background: History and policy of Australia’s taxation of residents in respect of their interests in foreign entities
- Controlled Foreign Companies: Control/substantial shareholder rules, designated jurisdictions, active income test, calculation of attributable income, taxation of dividends, attribution accounts and other records
- Foreign Trusts: Overview/general principles, foreign discretionary trusts
- Foreign Investment Funds: Overview/exemptions, calculation of FIF income, distributions, attribution accounts and other records
- Interaction among the Offshore Regimes.
