Module description
The objective of this module is to introduce you to the fundamental principles of taxation law in the United Kingdom. The policies underlying fiscal legislation, the budgetary process, and the place of tax within English legal structure all are considered. A background in mathematics is not a prerequisite for this module, as the module focuses on legal principles, policies and regulation. Included amongst the topics addressed are the taxation of trades and earnings, capital gains tax, corporation and inheritance tax, and the jurisprudence of tax avoidance. Tax law is taught in context. The module fosters the skill of handling complex legal material, and teaches you to write clearly and persuasively. More specifically, the abilities to read and interpret statutory material, to understand and interpret the structure of language, and to perceive varieties of meaning and nuance all are taught. These are vital skills for any lawyer – regardless of intended area of practice. You should develop an ability to apply the law as derived from the cases, statutes and other sources to a set of given facts which are similar but not identical to those encountered in the cases. The module should also improve your ability to read and distinguish between cases.
Income Tax
- Total Income, Personal Allowances and Reliefs: This describes the mechanics of determining an individual’s tax liability.
- Taxation of Employees and the Self-Employed: This area is concerned with two significant parts of the income tax and includes a look at the tax-effective provision of benefits (‘perks’) for employees.
- IR35 and other measures introduced to combat tax planning through the use of a limited company.
- Introduction to taxation of Trusts, with special reference to anti-avoidance measures.
Capital Gains Tax
- Disposals, Assets, Exemptions and Reliefs: This area examines the fundamental rules governing CGT.
- Effect of Death: The death of a taxpayer sometimes affords a substantial opportunity for CGT saving, so the impact of death for CGT purposes is examined here.
- Tax avoidance and anti-avoidance measures.
Also, introductions to: international tax law, corporation tax, and interpretation of taxing statutes.
*Revenue law and tax generally are regarded as “pervasive” issues for the Bar Vocational Course and the LPC. Those looking to undertake the LPC or pursue a career as ‘City’ lawyer may find it especially useful. Studying this course will help students with their professional exams.
Assessment details
Examination (100%)
Educational aims & objectives
This module enjoys its role as part of a strong and remarkable history of the study of taxation law in the University of London. This module considers this history, and the idea of taxation law as an academic discipline, generally. During the academic year, we will engage with the significant yet rewarding challenge of learning fiscal law and policy, and acquire skills likely to benefit the law student in many different disciplines, areas of study, and professions.
Subject-specific (Learning Outcomes)
- demonstrate a comprehensive, detailed and critical knowledge of the concepts, values, principles and rules of taxation law
- demonstrate understanding of the historical, social, and political contexts in which taxation law operates
- critically evaluate proposals for the reform of taxation law
Learning outcomes
- analyze in a structured and systematic manner complex situations to identify legal issues and to develop sophisticated arguments about the appropriate ways in which law and remedies can be used to provide arguable conclusions for concrete problems
- produce a synthesis of relevant doctrinal and policy issues in relation to a topics
- communicate complex concepts effectively, orally and in writing, in a clear and concise manner, using accurate legal terminology and referring to legal scholarship and research
- plan and undertake research into unfamiliar areas of law
- demonstrate a critical understanding of the uncertainty and limits of knowledge and how it is developed
- understand the importance of the HMRC website as a resource (https://www.gov.uk/government/organisations/hm-revenue-customs). The HMRC website is an important resource for students of tax law, practitioners, the public, academia - basically, everyone. You should acquire the habit of referring to the HMRC website as a first port of call.
Teaching pattern
Lecture (2 x 1 hour per week); tutorial (1 x 1 hour per week)
Suggested reading list
- Loutzenheiser, Tiley’s Revenue Law (latest edition)