Durham University
Programme and Module Handbook

Postgraduate Programme and Module Handbook 2014-2015 (archived)

Module LAW42930: Tax Law and Policy

Department: Law

LAW42930: Tax Law and Policy

Type Tied Level 4 Credits 30 Availability Available in 2014/15 Module Cap
Tied to M1K616
Tied to M1K316
Tied to MlK116

Prerequisites

  • None

Corequisites

  • None

Excluded Combination of Modules

Aims

  • The aim of this course will be to provide a platform for research into the specialized aspects of tax law and policy. Its objective is to familiarise students with the basic principles of tax law and policy from a multidisciplinary perspective. Students will be encouraged to engage with various tax law sources, namely international treaties, official documentation from Governmental, and non-Governmental organisations (e.g. IMF, OECD), as well as European institutions, and tax literature.
  • The course will be divided into three parts. In the first part, the objective will be to provide a general overview of taxation matters. Consideration will be given to traditional taxes, such as personal income tax, corporate income tax, property taxes and VAT; as well as new taxes, part of emerging trends within taxation, such as environmental taxes, and financial transactions taxes. In the second of the module, attention will focus on taxation of consumption – known as indirect taxation – particularly to VAT / GST, as the main general tax on consumption. Particularly problematic areas regarding the legal design of VAT/ GST systems, such as rate structures, exemptions and allocation of taxing powers will be discussed; the phenomena of VAT planning, avoidance and fraud will also be analysed. The third and final part of the module will focus upon the taxation of income, particularly corporate income – what is known as direct taxation. It will focus upon allocation of taxing rights, the role of double taxation treaties, and the principles of residence vs. source taxation; as well as problematic areas of taxation of corporate income, such as tax competition, international profit shifting, thin capitalisation, transfer pricing and the role of tax havens.

Content

  • On completion of the module students will be able to:
  • Understand the basic structure, features and fundamental characteristics of national tax systems;
  • Identify traditional and emerging trends within the design of tax structures
  • Understand the role of EU institutions and that of international treaties within the specific features of domestic tax systems at both direct and indirect taxation levels
  • Evaluate and critically assess from a legal, as well as economic perspective, the different design features of tax systems worldwide, both insofar as direct and indirect taxation are concerned
  • Identify and consider the difficulties in defining tax policy in a globalised economy

Learning Outcomes

Subject-specific Knowledge:
  • On completion of the module students will be able to • Understand the basic structure, features and fundamental characteristics of national tax systems; • Identify traditional and emerging trends within the design of tax structures • Understand the role of EU institutions and that of international treaties within the specific features of domestic tax systems at both direct and indirect taxation levels • Evaluate and critically assess from a legal, as well as economic perspective, the different design features of tax systems worldwide, both insofar as direct and indirect taxation are concerned • Identify and consider the difficulties in defining tax policy in a globalised economy
Subject-specific Skills:
  • On completion of the module students will be able to • Employ the acquired knowledge to hypothetical situations concerning tax law • Identify the key concepts, key international and EU legislation, case law and literature on taxation • Use concepts from economics literature to evaluate tax law design • Identify the fundamental principles and key challenges of taxing consumption and income • Understand how both principles and challenges are reflected and deal with in the design of tax policy • Critically assess the restrains and limitations of tax policy design and its consequences from both a legal and economic perspectives
Key Skills:
  • On completion of the module students will be able to • Demonstrate developed research and writing skills, including the ability to work independently • Ability to construct written arguments and think critically about taxation matters • Ability to carry out research and solve practical questions on taxations matters using a wide range of sources, namely official documentation, case-law and literature

Modes of Teaching, Learning and Assessment and how these contribute to the learning outcomes of the module

  • enter text as appropriate for the module

Teaching Methods and Learning Hours

Activity Number Frequency Duration Total/Hours
Prepararion and reading 270
Seminars 15 1 per week 2 hrs 30

Summative Assessment

Component: Summative Essay/Exam Component Weighting: 100%
Element Length / duration Element Weighting Resit Opportunity
Essay 6,000 100% 6000 word essay, different title

Formative Assessment:

Essay (1,500 words)


Attendance at all activities marked with this symbol will be monitored. Students who fail to attend these activities, or to complete the summative or formative assessment specified above, will be subject to the procedures defined in the University's General Regulation V, and may be required to leave the University