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Core Tax Legislation
& Study Guide
Core Tax Legislation & Study Guide 2015
is specifically designed for students
undertaking tertiary and professional
courses in Australian taxation Law.
In a single volume it brings together the key
legislative provisions dealing with Australian
income tax, GST, FBT and superannuation.
Also included are extracts from various
administrative acts and regulations, the
Constitution, international income tax
provisions, the Acts Interpretation Act, and the
Tax Agents Services Act 2009.
The book is designed to be used in conjunction
with other Wolters Kluwer, CCH taxation books,
such as Foundations of Taxation Law, Australian
Taxation Law, the Australian Master Tax Guide and
the Australian Tax Casebook.
Core Tax Legislation & Study Guide is divided into
two main parts:
1. The Research and Study Guide which
provides advice for students on research
techniques, tips on writing taxation law
assignments and exams, and a list of internet
links for further reading.
2. The Core Legislative Provisions which cover
the main statutory provisions studied in a
typical tertiary taxation course.
The compilation incorporates all amendments
to 1 January 2015.
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Important Disclaimer: No person should rely on the contents of this publication
without first obtaining advice from a qualified professional person. This
publication is sold on the terms and understanding that (1) the authors,
consultants and editors are not responsible for the results of any actions taken on
the basis of information in this publication, nor for any error in or omission from
this publication; and (2) the publisher is not engaged in rendering legal,
accounting, professional or other advice or services. The publisher, and the
authors, consultants and editors, expressly disclaim all and any liability and
responsibility to any person, whether a purchaser or reader of this publication or
not, in respect of anything, and of the consequences of anything, done or omitted
to be done by any such person in reliance, whether wholly or partially, upon the
whole or any part of the contents of this publication. Without limiting the
generality of the above, no author, consultant or editor shall have any
responsibility for any act or omission of any other author, consultant or editor.
CCH Australia Limited
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Core Tax Legislation
& Study Guide
Stephen Barkoczy
CCH AUSTRALIA LIMITED
GPO Box 4072, Sydney, NSW 2001
18th Edition
2015
Head Office North Ryde
Phone: (02) 9857 1300 Fax: (02) 9857 1600
Customer Support
Phone: 1 300 300 224 Fax: 1 300 306 224
www.wolterskluwer.cch.com.au
Book Code: 39919A
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Taxation Law, Australian Taxation Law, Australian Master Tax Guide, Australian
Master GST Guide, Australian Master Superannuation Guide, Australian Income Tax
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Tax Casebook.
Legislation reproduced: Commonwealth legislation herein is reproduced by
permission, but does not purport to be the official or authorised version. It is
subject to Crown copyright. The Copyright Act 1968 permits certain reproduction
and publication of Commonwealth legislation. In particular, s 182A of the Act
enables a complete copy to be made by or on behalf of a particular person. For
reproduction or publication beyond that permitted by the Act, permission
should be sought in writing from the relevant Australian Government agency.
The publisher advises that, although the legislation in this publication is in
extract form, and is not the authorised official version, the greatest care has been
taken in its preparation to ensure conformity with the law as enacted.
ISBN 978-1-925159-91-2
ISSN 1441-3167
 2015 CCH Australia Limited
First published January 1998
Second Edition January 1999
Third Edition January 2000
Fourth Edition January 2001
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Tenth Edition January 2007
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All rights reserved. No part of this work covered by copyright may be
reproduced or copied in any form or by any means (graphic, electronic or
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Printed in Australia by McPherson’s Printing Group
CCH Australia Limited
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PREFACE
Core Tax Legislation and Study Guide is a reference text for tertiary students
undertaking taxation subjects in law and business schools around Australia. The
book has been designed to be used in conjunction with other Wolters Kluwer,
CCH taxation books, such as Foundations of Taxation Law, Australian Taxation Law,
the Australian Tax Casebook, and the Australian Master Tax Guide.
The book is divided into three parts. The first part contains a Research and
Study Guide which suggests various ways that students might go about
researching tax problems, writing assignments and preparing for exams. The
second part contains the Core Tax Legislation which comprises extracts from
relevant pieces of income tax, goods and services tax, fringe benefits tax,
superannuation and related legislation and regulations. The compilation includes
the main provisions that are studied in most tertiary taxation subjects and
incorporates all amendments to 1 January 2015. The third part contains a
Legislation Index.
I would like to thank Marcus Lai and his production team for editing and
coordinating yet another edition of this book. I would also like to thank my
family for their continued support and encouragement in relation to this annual
project.
Stephen Barkoczy
January 2015
ABOUT THE AUTHOR/EDITOR
Stephen Barkoczy
BA, LLB, M Tax Law, PhD
Stephen Barkoczy is a Professor in the Faculty of Law at Monash University. He
was previously a consultant with Blake Dawson (now Ashurst) (from 1998 to
2010) and a member of the Venture Capital Committee of Innovation Australia
(from 2011 to 2014). Stephen is the author/co-author of the following books:
Foundations of Taxation Law, Australian Taxation Law, Australian Tax Casebook,
Australian GST Guide, Pooled Development Funds Handbook and Government Venture
Capital Incentives. Stephen is a recipient of Monash University’s Vice Chancellor’s
Award for Teaching Excellence and a recipient of an Australian Learning and
Teaching Council Award for Teaching Excellence. In 2008, he received the Prime
Minister’s Award for Australian University Teacher of the Year.
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Wolters Kluwer, CCH Acknowledgments
Wolters Kluwer, CCH wishes to thank the following who contributed to and
supported this publication:
Managing Director: Bas Kniphorst
Content Director: Scott Abrahams
Publisher: Javier Dopico
Publishing Coordinator: Farhana Khan
Editor: Marcus Lai
Cover Designer: Mathias Johansson
CCH Australia Limited
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CONTENTS
Page
Preface ............................................................................................................................... v
Introduction ..................................................................................................................viii
Part 1: Research and Study Guide .................................................................................1
Part 2: Core Tax Legislation. . .. . . ................................................................................23
Part 2A: Income Tax Assessment Act 1997 ................................................................27
Part 2B: Income Tax Assessment Act 1936 ............................................................1,243
Part 2C: International Income Tax Provisions ......................................................1,553
Part 2D: Rates and Other Income Tax Provisions ................................................1,605
Part 2E: Goods and Services Tax Provisions .........................................................1,653
Part 2F: Fringe Benefits Tax Provisions .................................................................1,869
Part 2G: Constitutional, Administrative and Other Provisions .........................1,995
Part 2H: Superannuation and Other Provisions ...................................................2,315
Part 3: Legislation Index ...........................................................................................2,409
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INTRODUCTION
Students undertaking a tertiary taxation law course are confronted with a
daunting task. They are required to sift through convoluted and intricate
legislative provisions spread over several Acts, and grapple with a developed
body of complex case law. The reading required to be undertaken in a taxation
law course often surpasses that required in many other law subjects in both
volume and complexity. Furthermore, given the range of diverse topics typically
covered in a standard course, and the fact that many courses are taught over just
one semester, students will inevitably be required to absorb large amounts of
information in relatively short spaces of time. What makes studying taxation law
even more difficult is the fact that this field of law is continually evolving
through seemingly incessant legislative amendments and the handing down of
significant court decisions. A particular change may require an entire discrete
area of law to be re-evaluated and re-examined, and placed in a new context in
the overall scheme. As a result of the pace of change, it is always important for
students to refer to up-to-date references in their studies and research.
In order to complete a taxation law course successfully, students will need to
adopt efficient study techniques. As students will typically be required to
conduct independent research and present written work by way of assignments
and exams, it is crucial that they have good research, writing and exam
techniques. As with any law subject, it is not just necessary that students
understand principles of law; they must demonstrate their knowledge by
applying the relevant principles to practical problems and fact situations posed
in their assignments and exams.
This book is designed to assist taxation students undertaking law, commerce and
business courses, and is intended to serve as a reference text to be used in
conjunction with other Wolters Kluwer, CCH texts, such as Foundations of
Taxation Law, Australian Taxation Law, the Australian Tax Casebook, and the
Australian Master Tax Guide.
The book is divided into the following parts:
1. Research and Study Guide
2. Core Tax Legislation
3. Legislation Index.
RESEARCH AND STUDY GUIDE
Part 1 contains a Research and Study Guide designed to assist students conduct
basic taxation law research. Given the advances in technology, this part of the
book makes special reference to useful internet websites and electronic research
tools such as Wolters Kluwer’s CCH IntelliConnect. There is also a Style Guide
that sets out how to cite references to legislation, cases, articles, rulings and
reports etc for assignments. In addition, there is a section which provides
guidance on note taking, exam preparation and exam writing techniques.
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CORE TAX LEGISLATION
Part 2 is the largest section of the book. It reproduces the major provisions in
Commonwealth tax and related legislation, regulations and treaties that students
will confront when undertaking a typical undergraduate taxation law course. It
also contains many of the important provisions covered in specialist graduate
taxation law courses.
In the past, students using Wolters Kluwer, CCH tax legislation may have used
up to five volumes of legislation. In practical terms, this inevitably proved to be
cumbersome, particularly where students were required to bring their legislation
(as well as other texts) to lectures. One of the major purposes of this book is to
bring together the core provisions into one user-friendly text.
Part 2 of the book is divided into the following parts:
(i) Part 2A: Income Tax Assessment Act 1997 Provisions
● Income Tax Assessment Act 1997 (Cth)
● Income Tax (Transitional Provisions) Act 1997 (Cth).
(ii) Part 2B: Income Tax Assessment Act 1936 Provisions
● Income Tax Assessment Act 1936 (Cth).
(iii) Part 2C: International Income Tax Provisions
● International Tax Agreements Act 1953 (Cth)
● Convention between the Government of Australia and the Government
of the United States of America for the Avoidance of Double Taxation
and the Prevention of Fiscal Evasion with respect to Taxes on Income
● Protocol Amending the Convention between the Government of
Australia and the Government of the United States of America for the
Avoidance of Double Taxation and the Prevention of Fiscal Evasion
with respect to Taxes on Income.
(iv) Part 2D: Rates and Other Income Tax Provisions
● Income Tax Act 1986 (Cth)
● Income Tax Rates Act 1986 (Cth)
● Income Tax (Dividends, Interest and Royalties Withholding Tax) Act 1974
(Cth)
● Income Tax (Managed Investment Trust Withholding Tax) Act 2008
● Income Tax (Seasonal Labour Mobility Program Withholding Tax) Act 2012
(Cth)
● Income Tax Regulations 1936
● Income Tax Assessment Regulations 1997
● Medicare Levy Act 1986 (Cth)
● A New Tax System (Medicare Levy Surcharge — Fringe Benefits) Act 1999
(Cth).
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(v) Part 2E: GST Provisions
● A New Tax System (Goods and Services Tax) Act 1999 (Cth)
● A New Tax System (Goods and Services Tax) Regulations 1999 (Cth)
● A New Tax System (Goods and Services Tax Transition) Act 1999 (Cth)
● A New Tax System (Goods and Services Tax Imposition — General) Act 1999
(Cth)
● A New Tax System (Goods and Services Tax Imposition — Customs) Act
1999 (Cth)
● A New Tax System (Goods and Services Tax Imposition — Excise) Act 1999
(Cth)
● A New Tax System (Luxury Car Tax) Act 1999 (Cth)
● A New Tax System (Luxury Car Tax Imposition — General) Act 1999 (Cth).
(vi) Part 2F: Fringe Benefits Tax Provisions
● Fringe Benefits Tax Assessment Act 1986 (Cth)
● Fringe Benefits Tax Act 1986 (Cth)
● Fringe Benefits Tax (Application to the Commonwealth) Act 1986 (Cth).
(vii) Part 2G: Constitutional, Administrative and Other Provisions
● Commonwealth Constitution
● Acts Interpretation Act 1901 (Cth)
● Judiciary Act 1903 (Cth)
● A New Tax System (Australian Business Number) Act 1999 (Cth)
● Taxation Administration Act 1953 (Cth)
● Taxation Administration Regulations 1976
● Administrative Appeals Tribunal Act 1975 (Cth)
● Administrative Decisions (Judicial Review) Act 1977 (Cth)
● Inspector-General of Taxation Act 2003 (Cth)
● Tax Agent Services Act 2009 (Cth)
● Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth)
● Charities Act 2013 (Cth).
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(viii)Part 2H: Superannuation Provisions
● Superannuation Industry (Supervision) Act 1993 (Cth)
● Superannuation Industry (Supervision) Regulations 1994
● Superannuation Guarantee (Administration) Act 1992 (Cth)
● Superannuation (Government Co-contribution for Low Income Earners) Act
2003 (Cth)
● Superannuation (Excess Non-Concessional Contributions Tax) Act 2007
(Cth)
● Superannuation (Excess Untaxed Roll-over Amounts Tax) Act 2007 (Cth)
● Superannuation (Sustaining the Superannuation Contribution Concession)
Imposition Act 2013 (Cth).
LEGISLATION INDEX
Part 3 of the book contains an Index which covers the core tax legislation extracts
reproduced in Part 2.
CORE TAX LEGISLATION
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PART 1: RESEARCH AND STUDY
GUIDE FOR TAXATION STUDENTS
TABLE OF CONTENTS
INTRODUCTION ................................................................................................. ¶1
Overview ................................................................................................ ¶1.1
STUDY TECHNIQUES .......................................................................................... ¶2
Study regime .......................................................................................... ¶2.1
Note making .......................................................................................... ¶2.2
Preparing answers to past exam questions .......................................... ¶2.3
RESEARCHING A TAX PROBLEM ....................................................................... ¶3
Overview ................................................................................................ ¶3.1
Legislation .............................................................................................. ¶3.2
Explanatory material ............................................................................. ¶3.3
Case law ................................................................................................. ¶3.4
ATO rulings and publications ................................................................ ¶3.5
Government publications ...................................................................... ¶3.6
Professional publications ...................................................................... ¶3.7
Academic and professional journals and conference
papers ................................................................................................ ¶3.8
Case and materials books ...................................................................... ¶3.9
Textbooks ............................................................................................. ¶3.10
International resources ....................................................................... ¶3.11
Loose-leaf services ............................................................................... ¶3.12
Internet resources ................................................................................ ¶3.13
Electronic tax libraries ......................................................................... ¶3.14
WRITING AND PRESENTATION OF ESSAYS ....................................................... ¶4
Overview ................................................................................................ ¶4.1
Determining what is required ............................................................... ¶4.2
Parts of an essay ..................................................................................... ¶4.3
Planning and drafts ............................................................................... ¶4.4
Clear writing style .................................................................................. ¶4.5
Presentation of assignments ................................................................. ¶4.6
Referencing and style rules ................................................................... ¶4.7
Quoting references ................................................................................ ¶4.8
Use of capitals and hyphens .................................................................. ¶4.9
ANSWERING TAXATION LAW EXAM QUESTIONS ........................................... ¶5
Overview ................................................................................................ ¶5.1
Essential issues ....................................................................................... ¶5.2
Relevant law .......................................................................................... ¶5.3
Applying the law ................................................................................... ¶5.4
Conclusion .............................................................................................. ¶5.5
CORE TAX LEGISLATION
RESEARCH
GUIDE
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PART 1
1 INTRODUCTION
¶1.1
Overview
Taxation law is a complex and voluminous area of law. As a student of taxation
law, you will inevitably be confronted with a massive amount of legislation and
complex cases. It is therefore imperative that you adopt efficient study
techniques from the outset. As students are often required to conduct
independent research and write essays, you will need to have solid research
skills and sound writing and presentation styles. Furthermore, to pass your final
exams, you will need to have good exam answering techniques. The following
discussion sets out some basic study, research, writing and presentation
techniques as well as some tips for answering taxation law exam questions.
2 STUDY TECHNIQUES
¶2.1
Study regime
As with any subject, you should have a focused and disciplined study regime.
Cramming work at the end of the semester is unwise, particularly in a subject as
large and complex as taxation law. You should therefore allocate time each week
for study. This time should be spent on revising lecture material, undertaking
prescribed reading, making notes and preparing answers to mock exam
questions.
When studying a particular area make sure that you understand where it fits
within the broader subject material. Ask yourself: why is the topic being covered
and how does it relate to the other topics covered in the course? The answers to
these questions will enable you to better understand the subject as a whole.
¶2.2
Note making
To facilitate understanding of the subject material, you should compile your
lecture notes and notes taken from your readings and research into a tight set of
study notes which are broken down into discrete topics. It is not the length of
your notes which is important. Rather, it is their accuracy which is paramount.
Having a lot of notes on a particular topic is not necessarily a good thing — it
may mean that you have not grasped the essential principles covered and are
therefore unable to provide a concise explanation of the key points. For example,
if you have lengthy notes on a particular case, this may indicate that you are not
able to express the ratio decidendi of the case precisely. You should rewrite your
notes until they are as succinct as possible. By doing this, you will clarify and
reinforce the principles learned. Also, make sure that your notes are organised in
a logical order so that each area covered builds progressively on earlier areas.
Doing this will assist you in presenting your arguments in an exam. As many
taxation law exams are ‘‘open book exams’’, your notes will be of utmost
importance, so it is imperative that they be clear, concise and set out in an
organised and user-friendly form.
¶1.1
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Research and Study Guide
¶2.3
3
Preparing answers to past exam questions
It is recommended that you read past exam questions set by your lecturers and
prepare mock answers to these questions within strict time constraints. Where
possible, you should seek to have your answers reviewed by your tutors or
lecturers. Some hints on how to answer exam questions are set out below [¶5].
3 RESEARCHING A TAX PROBLEM
¶3.1 Overview
The answer to a tax problem will rarely be found in one place. In researching a
tax problem, you may need to refer to diverse reference material, including:
● legislation [¶3.2]
● explanatory material [¶3.3]
● case law [¶3.4]
● Australian Taxation Office (ATO) rulings and publications [¶3.5]
● government publications [¶3.6]
● professional publications [¶3.7]
● academic and professional journals and conference papers [¶3.8]
● case and materials books [¶3.9]
● textbooks [¶3.10]
● international resources [¶3.11]
● loose-leaf services [¶3.12]
● internet resources [¶3.13], and
● electronic tax libraries [¶3.14].
¶3.2
Legislation
Most tax problems will require you to interpret key provisions in tax legislation.
As noted in the introduction to this book, the key legislative provisions relevant
to most undergraduate tax courses are contained in Part 2 of this book.
¶3.3
Explanatory material
In interpreting taxation legislation, you will need to bear in mind the common
law rules of statutory interpretation. In addition, you should be aware of s 15AB
of the Acts Interpretation Act 1901 (Cth), which allows the courts to refer to
extrinsic material in certain circumstances to ascertain the meaning of legislation.
As a result, in appropriate cases, the courts may use material such as Explanatory
Memoranda, Second Reading Speeches, Parliamentary Debates and Government
and Law Reform Commission reports to assist with the interpretation of taxation
provisions.
Of all the various kinds of extrinsic material, the most important are Explanatory
Memoranda that accompany Bills introduced into Parliament. Explanatory
Memoranda outline the reason for the introduction of the relevant Bill and
explain (generally) how the proposed legislation is intended to operate and be
interpreted.
CORE TAX LEGISLATION
¶3.3
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¶3.4
PART 1
Case law
Over the years, a substantial body of case law has developed out of litigation
concerning provisions in taxation legislation. The common law therefore
comprises an important source of primary research material. In reading any
court decision, it is important to be aware of the doctrine of precedent (ie
decisions of a higher court in the same court hierarchy bind those of a lower
court in the hierarchy). In the Australian federal taxation jurisdiction, the basic
hierarchy of courts (from highest to lowest) is as follows:
● High Court
● Full Federal Court, and
● Federal Court.
The Administrative Appeals Tribunal (AAT) also hears tax cases. Although the
AAT is strictly an administrative body, rather than a judicial body, taxpayers
may nevertheless appeal AAT decisions to the Federal Court on questions of law.
Court and AAT decisions are reported in the following law reports:
● Australian Tax Cases (ATC), which contain reports of AAT, Federal Court
and High Court tax decisions handed down since 1969
● Australian Tax Decisions (ATD), which contain reports of tax decisions
handed down between 1930 and 1969
● Federal Court Reports (FCR), which contain authorised reports of Federal
Court decisions, and
● Commonwealth Law Reports (CLR), which contain authorised reports of High
Court decisions.
Cases can also be accessed via the internet — see, for example, the Australasian
Legal Information Index website [¶3.13].
¶3.5
ATO rulings and publications
The ATO, which administers the Commonwealth tax system, publishes its views
on the operation of the tax laws in its ‘‘taxation rulings’’ and ‘‘taxation
determinations’’. The ATO publishes a broad range of rulings and
determinations, including the following:
● Taxation Rulings (TRs)
● Income Tax Rulings (ITs)
● Taxation Determinations (TDs)
● Goods and Services Tax Rulings (GSTRs)
● Goods and Services Tax Determinations (GSTDs)
● Self Managed Superannuation Fund Rulings (SMSFRs)
● Superannuation Guarantee Rulings (SGRs)
● Class Rulings (CRs), and
● Product Rulings (PRs).
Rulings are particularly useful for gauging the ATO’s position on contentious
issues and are, in many cases, ‘‘binding’’ on the Commissioner.
¶3.4
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Research and Study Guide
The ATO also publishes a range of other materials, such as bulletins, guidelines,
policy statements, media releases and consultative documents. It also produces
useful guidebooks detailing the practical operation of the tax laws (eg Business
Tax Reform — A Snapshot Guide and Guide to the Debt and Equity Tests) and helpful
manuals with questions and answers (eg Consolidation Reference Manual).
Practical information can also be obtained from ATO publications designed to
assist taxpayers in completing their tax returns (eg Individual Tax Return
Instructions). Another important document is the Taxpayers’ Charter which
outlines the ATO’s view on the respective rights and obligations of taxpayers
and the ATO.
¶3.6
Government publications
From time to time, the government releases discussion papers, reports, research
documents and exposure drafts in order to foster awareness of an issue or as part
of the consultative process before the release of a Bill.
Important publications have also been produced by various bodies established
by the government such as the Review of Business Taxation and the Board of
Taxation. In the late 1990s, the Review of Business Taxation published two
significant discussion papers (A Strong Foundation (1998) and A Platform for
Consultation (1999)) and a major report recommending reforms to the Australian
business tax system (A Tax System Redesigned (1999)).
The Board of Taxation has also published some interesting reports, including the
following:
● Taxation of Discretionary Trusts — A Report to the Treasurer and the Minister for
Revenue and Assistant Treasurer (2002)
● Evaluation of the Tax Value Method — A Report to the Treasurer and Minister for
Revenue and Assistant Treasurer (2002)
● International Taxation — A Report to the Treasurer (2003)
● Review of the Taxation Treatment of Off-Market Share Buybacks (2007)
● Review of the Foreign Source Income Anti-Tax-Deferral Regimes — Issues Paper
(2008)
● Review of the Legal Framework for the Administration of Goods and Service Tax —
Issues Paper (2008), and
● Post-Implementation Review into Certain Aspects of the Consolidation Regime
(2009).
These publications can be accessed via the Board of Taxation website [¶3.13].
In 2008, the Labor Government announced a major review of the Australian tax
system and appointed a Review Panel (chaired by Dr Ken Henry) to undertake
the review. The Review Panel released a number of papers and reports,
including the following:
● Architecture of Australia’s Tax and Transfer System (2008)
● Australia’s Future Tax System — Retirement Income Consultation Paper (2008)
● Australia’s Future Tax System — Consultation Paper (2008)
CORE TAX LEGISLATION
¶3.6
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PART 1
● Australia’s Future Tax System — The Retirement Income System: Report on
Strategic Issues (2009), and
● Australia’s Future Tax System — Report to the Treasurer (2009).
These documents are available via the Australia’s Future Tax System website
[¶3.13].
¶3.7
Professional publications
Professional bodies often make submissions or release consultative documents or
research papers concerning various tax matters. These bodies include:
● the Taxation Institute of Australia
● the Australian Tax Research Foundation
● the Corporate Taxpayers’ Association
● the Institute of Chartered Accountants in Australia
● CPA Australia
● the State Law Societies, and
● the Law Council of Australia.
The publications of these organisations contain useful insights and perspectives
on the law and can often be accessed via their relevant websites [¶3.13].
In addition, many law and accounting firms (particularly the larger firms)
produce their own publications dealing with aspects of taxation law. These
publications usually have a useful practical focus. Publications from law and
accounting firms are often freely available via their relevant websites [¶3.13].
¶3.8
Academic and professional journals and
conference papers
Journal articles and conference papers are an excellent secondary research source
as they usually contain a focused and critical analysis of particular topics. Some
of the main specialist Australian tax journals are:
● Australian Tax Forum
● Australian Tax Review
● CCH Tax Week
● eJournal of Tax Research
● Journal of Australian Taxation
● Journal of the Australasian Tax Teachers Association
● Revenue Law Journal
● Taxation in Australia
● Tax Specialist, and
● Weekly Tax Bulletin.
Tax articles can also be found in the various university law reviews (eg Melbourne
University Law Review), professional accounting journals (eg Australian CPA and
Charter), state law society journals (eg Law Society Journal and The Law Institute
Journal) and other general law journals (eg Australian Law Journal and Australian
Business Law Review).
¶3.7
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Taxation papers are presented at conferences conducted throughout the year by
various professional bodies including the Taxation Institute of Australia, CPA
Australia and the Institute of Chartered Accountants in Australia. These papers
often have a highly practical and current focus. Taxation papers are also
presented at academic conferences such as those conducted by the Australasian
Tax Teachers Association, the Australasian Law Teachers Association and the
Accounting Association of Australia and New Zealand. These papers are often
more theoretical and policy-orientated in nature.
Journal and conference paper details can be accessed by using databases found in
professional and university libraries such as the Attorney-General’s Information
Service (AGIS), the Australian Public Affairs Information Service (APAIS) and
the Social Science Research Network (SSRN).
¶3.9
Case and materials books
With the proliferation of tax cases over the years, casebooks may play a useful
part in short-circuiting tax research. In general, casebooks provide the reader
with the basic facts of a case as well as critical parts of the leading judgments.
Some casebooks go beyond merely providing summaries and extracts of cases to
also include other materials as well as commentary and questions.
The following is a list of some useful Australian tax case and materials books:
● S Barkoczy, C Rider, J Baring and N Bellamy, Australian Tax Casebook
● C Coleman, G Hart, B Bondfield, M McKerchar, J McLaren, K Sadiq and A
Ting, Australian Tax Analysis — Cases, Commentary, Commercial Applications
and Questions
● P Burgess, G Cooper, M Stewart and R Vann, Income Taxation Commentary
and Materials, and
● M Kobetsky, A O’Connell, C Brown, R Fisher and C Peacock, Income Tax —
Text, Materials and Essential Cases.
Note that while casebooks may be of considerable time-saving value, there is
usually no substitute for reading the full report of important decisions.
¶3.10 Textbooks
Textbooks are perhaps the most useful starting point in conducting tax research.
They enable the reader to gain an overview and basic understanding of a
particular issue. Textbooks usually provide a conceptual framework and
introduction to the law as well as a structured discussion of the relevant
legislation, cases and rulings in the area. There is also often a critical analysis and
synthesis of the legal principles covered. The most widely used annually
updated Australian taxation law textbooks are:
● Wolters Kluwer, CCH’s Australian Master Tax Guide
● R Deutsch, M Friezer, I Fullerton, M Gibson, P Hanley and T Snape,
Australian Tax Handbook, and
● R Woellner, S Barkoczy, S Murphy, C Evans and D Pinto, Australian
Taxation Law.
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These textbooks contain detailed discussions of the law and are used by both
students and practitioners.
Another useful textbook for students is: S Barkoczy, Foundations of Taxation Law.
This book provides a concise overview and introduction to the key principles of
taxation law. It also contains study questions to help with exam preparation and
reference lists to help with undertaking research for assignments on particular
topics.
In addition to the above, there are also a number of Australian textbooks that
focus on specialist areas, such as:
● international taxation (eg R Hamilton, R Deutsch and J Raneri, Guidebook to
International Taxation)
● goods and services tax (eg P McCouat, Australian Master GST Guide)
● superannuation (eg J Leow, S Murphy and G Hooper, Australian Master
Superannuation Guide), and
● fringe benefits tax (eg C Willmot, FBT Compliance Guide).
Given the pace of change in the field of taxation law, care should always be taken
to ensure that the textbook used is up-to-date.
¶3.11
International resources
While the tax laws of each country vary dramatically, there are many common
taxation issues. For instance, many countries adopt similar concepts of ‘‘income’’
and ‘‘deductions’’. Many countries also have some similar kinds of international
tax rules (eg ‘‘transfer pricing’’ regimes). Likewise, many principles of tax theory
are of universal concern. Policy issues, such as what are the features of a ‘‘good’’
tax system, affect all jurisdictions. It is also interesting to look at alternative tax
systems for comparative purposes. For these reasons, it is appropriate in many
cases to extend one’s research beyond Australia and investigate the international
literature. This includes using foreign books published by international
publishers like Wolters Kluwer, LexisNexis and Thomson Reuters as well as
those published by international organisations such as the International Bureau
of Fiscal Documentation and the OECD. It also involves using specialist
international tax journals such as the following:
● American Journal of Tax Policy
● Asia-Pacific Tax Bulletin (APTB)
● British Tax Review
● Bulletin for International Taxation (BIT)
● Canadian Current Tax
● Canadian Tax Journal
● Fiscal Studies
● EC Tax Review
● European Taxation
● Intertax
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● Tax Notes International
● International Tax Journal
● International Tax Review
● National Tax Journal
● New York University Tax Law Review
● New Zealand Journal of Taxation Law and Policy (NZJTLP)
● Tax Law Review
● University of Florida Tax Review
● VAT Monitor, and
● Virginia Tax Review.
Articles in many of these journals can be conveniently accessed electronically
using databases such as LexisNexis and Westlaw. Some other useful electronic
databases containing references to international journals include:
● Expanded Academic ASAP and ProQuest Legal (USA focus)
● Legal Journals Index (UK focus), and
● Index to Foreign Legal Periodicals (European and Asian focus).
¶3.12
Loose-leaf services
There are a number of major encyclopaedic and reference services dealing with
Australian taxation law, including the Wolters Kluwer, CCH loose-leaf taxation
services. These services provide comprehensive coverage of the law and are
periodically updated to take into account legal developments. Two of the most
useful services are the multi-volume Australian Federal Income Tax Reporter and
the Australian Federal Tax Reporter, which provide detailed commentary on the
tax laws. Other Wolters Kluwer, CCH loose-leaf services include:
● Australian Income Tax Rulings
● Australian Income Tax Bills
● Australian Capital Gains Tax Planner
● Australian Income Tax Guide
● Australian Fringe Benefits Tax Guide for Employers
● Australian International Tax Agreements
● Australian GST Guide
● Australian Superannuation Law & Practice, and
● Australian Superannuation: Taxation Materials.
¶3.13
Internet resources
Useful tax and related legal information from Australia and around the world
can be obtained via the internet. Internet sites are periodically updated, and site
addresses may also change from time to time. Some useful tax and related
research sites are listed in the following table.
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Tax websites
Australian Government
Innovation Australia
www.business.gov.au
Australian Parliament
www.aph.gov.au
Australian Business Register
www.abr.business.gov.au
Australian Charities and Not-for-profits
www.acnc.gov.au
Commission
Australian Prudential Regulation Authority
www.apra.gov.au
Australian Securities and Investment
www.asic.gov.au
Commission
Australian Taxation Office
www.ato.gov.au
Australian Transaction Reports and Analysis
www.austrac.gov.au
Centre
Australia’s Future Tax System
www.taxreview.treasury.gov.au
Board of Taxation
www.taxboard.gov.au
Clean Energy Regulator
www.cleanenergyregulator.gov.au
Department of Treasury
www.treasury.gov.au
Department of Climate Change and Energy
www.climatechange.gov.au
Efficiency
Inspector-General of Taxation
www.igt.gov.au
Simplified Superannuation
www.simplersuper.treasury.gov.au
Super System Review
www.supersystemreview.gov.au
Tax Issues Entry System
www.ties.gov.au
Tax Practitioners Board
www.tpb.gov.au
Treasurer
www.treasurer.gov.au
Australian Courts and Tribunals
High Court
www.hcourt.gov.au
Federal Court
www.federalcourt.gov.au
Administrative Appeals Tribunal
www.aat.gov.au
State and Territory Revenue Agencies
ACT Revenue Office
www.revenue.act.gov.au
Office of State Revenue NSW
www.osr.nsw.gov.au
Revenue SA
www.revenuesa.sa.gov.au
Queensland Office of State Revenue
www.osr.qld.gov.au
State Revenue Office Victoria
www.sro.vic.gov.au
Tasmanian State Revenue Office
www.treasury.tas.gov.au/tax
Territory Revenue Office
www.revenue.nt.gov.au
Western Australian Office of State Revenue
www.finance.wa.gov.au
Foreign Revenue Agencies
Canada Revenue Agency
www.cra-arc.gc.ca
Inland Revenue Authority of Singapore
www.iras.gov.sg
Hong Kong Inland Revenue Department
www.ird.gov.hk
New Zealand Inland Revenue
www.ird.govt.nz
United Kingdom HM Revenue and Customs
www.hmrc.gov.uk
United States Inland Revenue Service
www.irs.gov
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