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Overview

Course Prescription

Tests of residence for individuals and corporations. The wider tax base for off-shore income of New Zealand residents. Income derived by overseas residents from New Zealand activities. The Double Tax Treaty System. Selecting the country of residence. Anti-avoidance measures directed at transnational activity. The use of tax havens. As well as New Zealand taxation law, the course also examines the municipal revenue law of some of our trading partners. Involves individual research resulting in a substantial individual research essay.

Course Overview

Course PrescriptionAn advanced study of New Zealand’s international tax regime.  The course covers the test of residence for individuals and corporates, and the wider tax base for off-shore income of New Zealand residents. It also covers the taxation of income derived by overseas residents from New Zealand activities and the application of the Double Tax Conventions to various sources of income and transactions.  The course also addresses the selecting of country of residence in the form of treaty shopping, anti-avoidance measures directed at transaction activity and the use of tax havens.
Goals of the Course
The paper is an advanced course studying New Zealand’s international tax regime.  The objectives of the course are to provide students with both a theoretical background and high level of technical knowledge of the scope and application of the most significant aspects of inbound and outbound investment under the Income Tax Act 2007 and the Double Tax Agreements.  Where appropriate, a comparison is made with the international regimes of our major trading partners, in order to provide a deeper understanding of the policy behind New Zealand’s international tax regime.
 
The course provides students with an opportunity to increase their research, writing and group presentation skills by the completion of one major seminar paper on a topic chosen by each student, which is presented to the class. The final exam requires students to apply all aspects of the international tax regime they have mastered during the course. Emphasis is therefore placed on good analytical skills and presentation of researched, comprehensive and well-reasoned solutions.

Workload Expectations

This is a standard 30-point postgraduate course. The intensive seminar will be for  36 hours. As a general guide, you should expect a workload of three hours outside of the classroom for each hour spent in class. The guideline for the total workload for this course is 300 hours.

Course Prerequisites, Corequisites and Restrictions

Restriction

Additional Advice on Prerequisites

To complete this course students must enrol in LAWCOMM 775 A and B

Advice on Course Limits

This is a limited entry course: there is a limit on the number of enrolments due to staff or space capacity. In cases where the courses is taught under two separate codes (e.g. concurrently taught courses, general education courses) the course limit specified is the total across both versions of the course. For more information, please see the Programme and Course Limitations section of the University Academic and General Statutes and Regulations.

Locations and Semesters Offered

LocationSemester
City

Teaching and Learning

Campus Experience

Attendance is expected at scheduled activities
Lectures will be available as recordings.
The course will include live online events such as discussions.
The activities for the course are scheduled as a block delivery.

Learning Resources

Taught courses use a learning and collaboration tool called Canvas to provide students with learning materials including reading lists and lecture recordings (where available). Please remember that the recording of any class on a personal device requires the permission of the instructor.

Additional Information on Learning Resources

Digital Resources

Course materials are made available in a learning and collaboration tool called Canvas which also includes reading lists and lecture recordings (where available).

Please remember that the recording of any class on a personal device requires the permission of the instructor.

Learning Resources

There is no prescribed text but it is essential that students have a copy of the Income Tax Act 2007. In preparation of their papers, students will be expected to be able to make use of the appropriate library and internet resources, including but not limited to:

•   New Zealand, United Kingdom, Australian and other case law;

•   Academic journals (held in the Auckland University collections or on Lexis/ Nexis);

•   International and Cross Border Taxation in New Zealand by Craig Elliffe, Thomson Reuters (2018) 2nd Ed (available in Westlaw);

•   New Zealand Government materials, including:

  • All published New Zealand IRD material
  • New Zealand Government Discussion Documents
  • New Zealand Consultative Committee Documents
  • Statutory material both current and historical.

•   Tax treaties

There are a variety of on-line resources available that will assist students in this course. Davis Law Library staff are available to assist students in accessing all on-line materials available.

Readings will be available on line (Canvas) prior to the course. Please endeavour to read as much as you can.

Copyright

The content and delivery of content in this course are protected by copyright. Material belonging to others may have been used in this course and copied by and solely for the educational purposes of the University under license.


You may copy the course content for the purposes of private study or research, but you may not upload onto any third-party site, make a further copy or sell, alter or further reproduce or distribute any part of the course content to another person.

Learning Continuity

In the event of an unexpected disruption, we undertake to maintain the continuity and standard of teaching and learning in all your courses throughout the year. If there are unexpected disruptions the University has contingency plans to ensure that access to your course continues and course assessment continues to meet the principles of the University’s assessment policy. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator/director, and if disruption occurs you should refer to the university website for information about how to proceed.

Academic Integrity

The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed for potential plagiarism or other forms of academic misconduct, using computerised detection mechanisms.

Similarly, research students must meet the University’s expectations of good research practice. This requires:

  • Honesty - in all aspects of research work
  • Accountability - in the conduct of research
  • Professional courtesy and fairness – in working with others
  • Good stewardship – on behalf of others
  • Transparency – of research process and presentation of results
  • Clarity - communication to be understandable, explainable and accessible

For more information on the University’s expectations of academic integrity, please see the Academic Conduct section of the University policy hub.

Disclaimer

Elements of this outline may be subject to change. The latest information about taught courses is made available to enrolled students in Canvas.

Students may be asked to submit assessments digitally. The University reserves the right to conduct scheduled tests and examinations online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. In exceptional circumstances changes to elements of this course may be necessary at short notice. Students enrolled in this course will be informed of any such changes and the reasons for them, as soon as possible, through Canvas.


Assessment and Learning Outcomes

Course Learning Outcomes

CLO #OutcomeProgramme Capability Link
1
2
3
4
5
6

Assessments

Assessment TypeAssessment PercentageAssessment Classification

Assessment to CLO Mapping

Assessment Type123456

Student Feedback, Support and Charter

Student Feedback

Feedback on taught courses is gathered from students at the end of each semester through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions. Your feedback helps teachers to improve the course and its delivery for future students. In addition, class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.

Additional Information on Student Feedback

When I receive student feedback it will be acted upon.

Class representatives

Class representatives are students tasked with representing student issues to departments, faculties, and the wider university. If you have a complaint about this course, please contact your class rep who will know how to raise it in the right channels. See your departmental noticeboard for contact details for your class reps.

Tuākana

Tuākana is a multi-faceted programme for Māori and Pacific students providing topic specific tutorials, one-on-one sessions, test and exam preparation and more. Explore your options at Tuakana Learning Communities.

Inclusive Learning

All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course coordinator, lecturer or tutor.

Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website.

Wellbeing

We all go through tough times during the semester, or see our friends struggling. There is lots of help out there - please see the Support Services page for information on support services in the University and the wider community.

Special Circumstances

If your ability to complete assessed work is affected by illness or other personal circumstances outside of your control, contact a member of teaching staff as soon as possible before the assessment is due. If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page. This should be done as soon as possible and no later than seven days after the affected test or exam date.

Student Charter and Responsibilities

The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter.

Student Academic Complaints and Disputes

Students with concerns about teaching including how a course is delivered, the resources provided, or supervision arrangements, have the right to express their concerns and seek resolution. The university encourages informal resolution where possible, as this is quicker and less stressful. For information on the informal and formal complaints processes, please refer to the Student Academic Complaints Statute in the Student Policies and Guidelines section of the Policy Hub.