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The choice of legal entity or business structure - such as company, trust or partnership - has a big impact on taxation. Identifying the legal, regulatory and tax implications of each structure is essential. This subject provides a detailed knowledge of the law which shapes the rights and obligations of clients.
There are many types of business structures and entities available in Australia. Each one has a distinct impact on the licenses needed, the amount of control, potential personal liability and tax.
It’s important for you to understand, and advise clients on, the implications of the entity they choose. This subject will help you develop and present skilled analysis of business structure choices.
CommLaw2 includes regulatory issues concerning superannuation (other than tax-related), bankruptcy and insolvency. Importantly, it also examines instances where commercial law and the taxation treatment converge.
Intensive study
The intensive study format is typically held over a reduced 6-week period through Distance study. Candidates receive all the regular resources and access to pre-recorded webinar/teleconference tutorials.
Scroll to bottom of page for more information on:
- Entry requirements and learning outcomes
- Modules, study modes and assessment
- Recognition
- Your tax professional instructor
- Timetable
- Fees
Credit points: 6
CPD: 30 hours
Cost: $1,690
Delivery: blended learning
Study Length: 12 weeks
Study Per Week: 10 hours
Level: Introductory
Study Periods: 3 per year
Elective subject in the Graduate Diploma of Applied Tax Law
Complete the TPB approved Course in Commercial Law
Gain skills that are directly applicable to the workplace
Get Your Information Pack
Complete the form with your details to receive an email with expanded program overviews and exclusive sample learning materials.
"[The Tax Institute] balances technical material and practical application, bridging academia with the practice of tax law."
Rachel Vijayaraj, ATI, Brown Wright Stein Lawyers
"The weekly webinars and online study format made it possible to combine the course work and full time work."
Wendy Miller, FTI, Damien Greer
“Studying with The Tax Institute gave me the confidence to understand and tackle detailed tax issues.”
Matthew Coombes, CTA, Borough Australia Pty Ltd
“What I learnt I’m applying every day in my work with clients. The notes I received are my tax bible.”
Lauren Whelan, HLB Mann Judd
“The topic areas provided me with technical and practical knowledge to apply to real-life situations.”
Geoff Tierney, CTA, ESV Chartered Accountants
“The fact that active and highly experienced practitioners are teaching the course content has been invaluable to me.”
Erin Shields, Dixon Advisory
Entry requirements and learning outcomes
ATL005 CommLaw2 Entities and Business Structures identifies the tax impacts of a diverse range of commercial transactions which relates to the law of entities (including partnerships, corporations and trusts).
Who is this for?
- associate lawyer
- certified financial planner
- corporate tax accountant
- lecturer or tutor
- registered tax agents who wish to meet licence requirements
- tax and financial advisers
- tax manager.
Entry requirements
- 1. hold current membership of The Tax Institute1
- 2. meet English language requirements if the language of instruction for your 6 years of high school qualifications was not English.
1. [A discounted membership is available at the time of enrolment for all new members. Membership fees attract GST. Membership will expire on 30 June. Find out more about membership benefits and resources]
Learning outcomes
On completion of ATL005 CommLaw2 Entities and Business Structures you will be able to, but not limited to, understand the legal concepts of business structures when advising on the legal concepts of business organisational structures and their underlying regulations.
Modules, study modes and assessment
Modules
- business structures: sole traders, partnerships and corporations
- trusts, agencies, joint ventures and incorporated associations
- superannuation: non-tax legal aspects
- bankruptcy and insolvency: place in Australian commercial law
Modes of study
Blended learning
A flexible learning approach using an online learning platform supported by live Q&A sessions with a subject matter expert.
Assessment-only study
Assessment-only study allows candidates to accelerate their studies by progressing directly to the assessments for the subject based on prior study, qualifications and experience.
Candidates will only receive access to past exam papers and online checkpoint tests prior to the exam.
Enrolment inclusions
Resources made available to a candidate (excluding assessment-only study) are:
- access to an online learning portal
- study materials (soft copy)
- access to Legal Research and Reasoning Course
- access to CCH recommended readings
- recorded webinars
- online checkpoint tests
- past exam papers (where applicable)
- access to a subject convenor for technical questions
- assessment preparation resources
- research skills webinar
- support from trained subject coordinators.
Assessment structure
| Assessment task | Pass mark | Weighting |
|---|---|---|
| Online module quizzes | 50% | 40% |
| Exam | 50% | 60% |
Please note that all assessment tasks must be passed in order to complete the subject.
Recognition of prior learning and advanced standing
Recognition of prior learning (RPL)
RPL is a process for providing candidates credit for learning or qualifications completed before your enrolment with The Tax Institute.
To apply for RPL (fee $165), please complete the RPL form. Evidence of your qualifications will need to be provided with this application.
Advanced standing
Advanced standing is a process of transferring credits from subjects you have previously completed with The Tax Institute. To apply for advanced standing (no fee applies), please complete the advanced standing form.
Your tax professional instructor
Harry Rigney, Subject convenor
Harry has specialised since 1981 in taxation research, advising and the implementation of taxation solutions. He holds a Diploma in Education from the University of Adelaide, First Honours Law degree from University of Tasmania and degree of Master of Laws from Harvard Law School. Harry has been a registered tax agent since 1982 and a member of The Tax Institute for more than 30 years.
Harry is a lawyer, admitted as solicitor of the Supreme Court of Queensland and barrister and solicitor of the Supreme Court of the ACT. He is regarded as a specialist in the law of commerce, tax and investment.
His experience has been developed through senior positions in professional firms, with responsibilities in achieving national quality assurance standards for firm-wide taxation consulting and compliance.
His background includes several years as national tax director for PKF, senior tax manager for PricewaterhouseCoopers and, at the commencement of the capital gains tax and fringe benefits tax regime, a spell as special taxation consultant to a predecessor firm to KPMG.
Harry has formally taught taxation and related law at University of Adelaide, Queensland University of Technology, Central Queensland University, University of New England and University of Queensland, with course preparation for ATAX at University of New South Wales.
Harry is often recognised in international awards for his achievements in Australian law.
Fees
1. [To enrol in an education subject it is a requirement to become a member of The Tax Institute. Studying with The Tax Institute is available to members. Non-members will be required to join at time of enrolment. Membership fee covers the period through June the following year and is valued at $489. If required to be a voting member, you can upgrade for free (valued at $195). Member fees attract GST and price quoted is inclusive of GST.]
2. [Subject fees do not attract GST. CTA3 attracts GST. CTA3 fees are inclusive of GST. Subject fee is in relation to face-to-face, blended learning and intensive study modes.]
3. [Applies per subject if enrolling before the early bird close date (except for assessment only study mode and CTA1 Foundations Intensive SP1 and SP2). Please note: Key dates and fees are subject to change without notice.]
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