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Journal of the Australasian Tax Teachers Association 2015 Vol. 10 No. 1 A U S T R A L A S I A N TAX TEACHERS ASSOCIATION JOURNAL OF THE AUSTRALASIAN TAX TEACHERS ASSOCIATION 2015 Vol.10 No.1 Edited by Postal Address: JATTA, c/o School of JOHN TRETOLA Taxation and Business Law University of New South Wales NSW 2052 Australia and Kathrin Bain DOMENIC CARBONE Ph: +61 2 9385 9541 E: [email protected] The Journal of the Australasian Tax Teachers Association (‘JATTA’) is a double blind, peer reviewed journal. The Journal is normally published annually, subsequent to the Association’s annual conference. The Australasian Tax Teachers Association (‘ATTA’) is a non-profit organisation established in 1987 with the goal of improving the standard of tax teaching in educational institutions across Australasia. Our members include tax academics, writers, and administrators from Australia and New Zealand. For more information about ATTA refer to our website (hosted by ATAX at the University of New South Wales) at http://www.asb.unsw.edu.au/schools/taxationandbusinesslaw/atta. Please direct your enquiries regarding the Journal to the Editor-in-Chief: Professor Dale Pinto Professor of Taxation Law School of Business Law and Taxation Curtin University GPO BOX U1987 Perth WA 6845 E: [email protected] Editorial Board of the Journal of Australasian Tax Teachers Association: Professor Dale Pinto, Curtin University, Perth, Australia (Editor-in-Chief) Professor Neil Brooks, Osgoode Hall Law School, York University, Toronto, Canada Professor Margaret McKerchar, UNSW, Sydney, Australia Professor John Prebble, Victoria University of Wellington, NZ Professor Kerrie Sadiq Queensland University of Technology, Australia Professor Adrian Sawyer, University of Canterbury, NZ Professor Miranda Stewart, University of Melbourne, Australia Professor Natalie Stoianoff, University of Technology Sydney, Australia Associate Professor Andrew Smith, Victoria University, NZ Associate Professor Paul Kenny, Flinders University, Adelaide, Australi a ISSN: 1832–911X Volume 10 Number 1 published December 2015 Copyright © 2015 Australasian Tax Teachers Association Journal of the Australasian Tax Teachers Association 2015 Vol. 10 No. 1 TABLE OF CONTENTS FOREWORD ........................................................................................................................................................ ii Online Feedback to Students Studying Taxation and Business Law – How Does it Rate? FIONA MARTIN AND KAYLEEN MANWARING ....................................................... ...................................................... 1 ....... Why First-Year Law Students Should Read At Least One Appellate Tax Case! RACHEL TOOMA ................................................................................................................................................................... 21 Improving the Students’ Tax Experience: A Team-Based Learning Approach for Undergraduate Accounting Students PAUL KENNY, HELEN MCLAREN, MICHAEL BLISSENDEN AND SYLVIA VILLIOS ....................................................... 43 A Public Policy Case Study of the Introduction of the Goods and Services Tax: tax reform can be successfully achieved JOHN ALVEY AND AMANDA ROAN..................................................................................................................................... 67 The Mineral Resource Rent Tax has Been Repealed: Is It Now Time For a Better-Designed Resource Rent Tax on All Extracted Minerals And Gas? JOHN MCLAREN AND JOHN PASSANT ............................................................................................................................... 87 Taxing Capital in the Twentieth-First Century: A New Zealand Perspective JONATHAN BARRETT ........................................................................................................................................................ 103 Taxation of Sovereign Wealth Funds – A Suggested Approach SALLY-ANN JOSEPH, MICHAEL WALPOLE AND ROBERT DEUTSCH ......................................................................... 1 19 The Role of the OECD in the Current International Tax Law: Voluntary or ‘Obligatory’? ALIREZA SALEHIFAR ......................................................................................................................................................... 15 1 i Journal of the Australasian Tax Teachers Association 2015 Vol. 10 No. 1 FOREWORD The articles included in this edition of the Journal of the Australasian Tax Teachers’ Association (JATTA) are derived principally from papers presented at the 27th Annual Conference of the Australasian Tax Teachers’ Association (ATTA) held between Monday 19th January and Wednesday 21st January 2015 at the University of Adelaide in Adelaide, South Australia. The theme of the 27th ATTA Conference was Tax: ‘It’s time’ for change’ and the presenters were invited to submit papers that explored the way in which it was now time for serious tax reform in Australia. While not all papers published in this edition reflect the conference theme, the published papers certainly reflect the depth and breadth of Australasian tax research. Each of the published articles presents readers with interesting and challenging material. Some highlights of this JATTA journal edition are five tax technical papers discussing such issues as tax change in the context of the GST in Australia and a proposed Capital Gains Tax in New Zealand. There is also an article on the changing role of the OECD in current international tax law and another which summarises Australia’s mining resource tax and plans for reform in this area, as well as a paper canvassing issues related to the taxation of sovereign wealth funds in Australia. Three papers raise issues affecting tax teaching, such as reviewing online feedback provided to students studying tax and business law; the importance and usefulness of first year law students reading at least one tax appellate case; and the benefits of team-based learning of tax law. I would like personally to thank Dale Pinto, the editor-in-Chief and also Domenic Carbone, the principal conference organiser for their invaluable support and helpful advice throughout the process of publishing this journal. I would also like to thank personally each of the authors for entrusting their papers for review and editing. A special thankyou goes to the anonymous peer reviewers without whose individual dedication and help a journal like this cannot be published. Last but not least a very big thankyou goes to the wonderful Trischa Mann, whose input as a professional editor was invaluable in publishing this edition. John Tretola Lecturer, University of Adelaide November 2015 ii Journal of the Australasian Tax Teachers Association 2015 Vol. 10 No. 1 ONLINE FEEDBACK TO STUDENTS STUDYING TAXATION AND BUSINESS LAW – HOW DOES IT RATE? FIONA MARTIN AND KAYLEEN MANWARING1 ABSTRACT It is widely accepted that students value timely and targeted feedback on their assessment tasks; however, this is also the area where they are most critical when it comes to their teaching and learning evaluations. These criticisms can be grouped into three categories: first, where feedback is not easily accessible to the student; second, where the feedback is not targeted to the particular problems the student has demonstrated; and finally, where the feedback is hard for the student to understand (this may be due to the marker’s poor expression, the student’s difficulty in understanding, or a combination of both). In 2006, Nicol and Macfarlane-Dick set out seven principles of good feedback practice in their research based on their experiences as part of the Centre for Academic Practice, University of Strathclyde, Scotland. Those principles are based on a synthesis of the literature on assessment and feedback and provide a good model on which to benchmark feedback practices. This article explains the use of online assessment and feedback in the School of Taxation and Business Law at UNSW, Australia, when teaching taxation law and business law to undergraduate and postgraduate students. It analyses the use of these assessment and feedback tools using educational theory and survey feedback from students and academics. In 2014 and 2015, students at UNSW were surveyed and their responses are evaluated in the article. Academics at UNSW were also surveyed and their responses are analysed. The article concludes with an evaluation of the advantages and disadvantages of online assessment and feedback. 1 Dr. Fiona Martin, Associate Professor, Taxation & Business law, UNSW Business School, UNSW and Kayleen Manwaring, Lecturer, Taxation & Business law, UNSW Business School, UNSW. 1 Journal of the Australasian Tax Teachers Association 2015 Vol. 10 No. 1 I INTRODUCTION Consideration of assessment issues in the 21st century, in the context of higher education, demonstrates a range of influences. Accreditation of student learning remains a key function of higher education; however, around the world this is now occurring in an environment of reduced government funding for higher education, and Australia is no exception.1 This is putting pressure on existing staff, both academic and administrative, who are reputed to be working harder, often for longer hours, but in environments where budgets are reduced.2 Infrastructure developments, including technology implementation and updating, are also threatened by these budgetary constraints.3 There is additional pressure on Australian universities to admit more students, as some government caps on
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