Taxation Law

INSTRUCTIONS

1. See the Essay Instructions and Assessment Criteria in the Unit Description and make sure you follow them!

2. Please see the essay topic ÐŽ§Part IVA ÐŽV AvoidanceЎЁ and complete both tasks in that topic.

3. Attached to this document is a Checklist to be filled in by you and attached to your essay. READ THIS NOW before you start your research. If you have followed this checklist, there is a good chance you will do well.

4. See also Academic Worksheet on Writing Assignments ÐŽV access electronically via UB Home Page / Student Help ÐŽV follow the links

5. You MUST reference in the body of the essay EVERY TIME you use information from other people. This requires you to keep a track of where you are taking information from and then writing the reference up. You should use the Harvard/APA style; and use the UniversityÐŽ¦s new General Guide for the Presentation of Academic Work which can be downloaded online (see Student Help site). The LibraryÐŽ¦s website also has a citation style guide site. If you plagiarise (intentionally OR unintentionally) you will be given zero: see Regulation 6.1.1 for more details.

6. Assignments must be 2,300 to 2,500 words. You will probably write more initially but you should then look to see if you are making your points directly and clearly.

7. LAST DUE DATE IS Friday 18th May 2007. Please check with the Unit Description for details of where and when to submit your assignment. If you need an extension you must ask for one BEFORE the due date (unless this is impossible).

8. The essay is worth 30% (ie 30 marks).

TOPIC ÐŽV Part IVA ÐŽV Tax Avoidance (You must complete both Task 1 and Task 2 ÐŽV each task is worth 15 marks)

Part IVA is a general anti-avoidance provision in the Income Tax Assessment Act 1936 (Cth) and replaced section 260 with effect from 27 May 1981.

In Federal Commissioner of Taxation v Hart & Anor (2004) 2004 ATC 4599 (HartÐŽ¦s case) the Full High Court overruled a unanimous decision of the Full Federal Court.

A key reason for leave to appeal being granted was to clarify the meaning and operation of ЎҐschemeÐŽ¦ for the purposes of Part IVA of the Income Tax Assessment Act 1936 (Cth).

Task 1

Briefly summarise the material facts in HartÐŽ¦s case, and answer the following questions.

Do you think the decision of the Full High Court in HartÐŽ¦s case clarifies the meaning and operation of ЎҐschemeÐŽ¦? What is meant by ЎҐschemeÐŽ¦ and how far does the concept of a scheme extend?

Task 2

Discuss whether or not the courts have slowly expanded the application of Part IVA since it was introduced in 1981. In your discussion refer to HartÐŽ¦s case and provide detailed discussion of at least one subsequent decision (on Part IVA) of either the Federal Court or the Full Federal Court.

University of Ballarat ÐŽV School of Business

CHECKLIST TO BE ATTACHED TO ESSAY IN BL732

Name: ÐŽKÐŽKÐŽKÐŽKÐŽKÐŽKÐŽKÐŽKÐŽKÐŽKÐŽKÐŽKÐŽKÐŽKÐŽKÐŽKÐŽKÐŽKÐŽKÐŽKÐŽKÐŽKÐŽK..

Student No. ÐŽKÐŽKÐŽKÐŽKÐŽKÐŽKÐŽKÐŽKÐŽKÐŽKÐŽKÐŽK..

Please check that you have done the following. Tick the boxes to show you have!

Ñ"б Submitted an essay that is your own work. (You may discuss the