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LL.M.-J.S.D. Program in International & Comparative Law
There are four programs for the post-graduate study of Taxation at NYU School of Law:
A. Graduate Tax Program leading to an LL.M. in Taxation
B. International Tax Program (For Foreign Students) leading to an LL.M. in International Tax
C. Joint J.D.-LL.M. Program in Taxation leading to an LL.M. in Taxation
D. Advanced Professional Certificate (APC) in Taxation Program leading to an APC
Each of these programs has different requirements-students should carefully review the materials for their respective program. Students should visit the Graduate Tax Program website for more information.
Important note for General Studies, International Legal Studies, Trade Regulation and International Tax and Taxation students: International LL.M. students in these programs can only register for U.S. Corporate Law and Theory (L03.4602) for 3 credits in the fall semester. Students are prohibited from registering for Corporations (L03.2010) for either 4 or 5 credits in the fall semester.
Corporations (L03.2010) and U.S. Corporate Law and Theory (L03.4602) as a prerequisite/corequisite
For International LL.M. students registering for either of these two courses, please note that both courses serve as a corequisite for any course requiring Corporations as a prerequisite. This information is not specifically listed in each course description. When registering for a course that has Corporations as a prerequisite, a prerequisite warning message will appear in Albert. If students have registered for either L03.2010 or L03.4602, they should disregard this warning.
A. Graduate Tax Program leading to an LL.M. in Taxation
Graduate Tax Law Program
Telephone: 212.998.6150
Fax: 212.995.4075
law.taxprograms@nyu.edu
The LL.M. Program in Taxation is designed for full-time and part-time students who have received their first law degree from either a U.S. or an international law school. Students have a fair amount of flexibility in designing their programs, subject to the specific requirements described below. For more information, students should visit the Graduate Tax Program website. Some Taxation courses are available online. Please note that it is the responsibility of students taking online courses to determine whether and to what extent their decision to take such courses will impact their ability to practice in their jurisdiction of choice. Additionally, foreign students should consult with the OISS (http://www.nyu.edu/osl/oiss/) to determine the effect of online classes on their visa status.
1. Credit Requirement
All graduate tax students, including those in the full-time, part-time and International Tax Programs must successfully complete 24 credits. The only tax class offered at NYU School of Law that is not creditable towards the LL.M. in Taxation is Income Taxation. Students are expected to have taken a basic course in income taxation before beginning their studies for the LL.M. in Taxation program. Of the 24 credits required to graduate, at least 20 must be in creditable tax classes. The remaining 4 credits can be non-tax elective credits consisting of upper level law or business classes.
Up to four credits may be transferred from another law school, as long as the courses meet the general requirements of the Graduate Division for Transfer Credit. However, transfer credits will be counted as non-tax elective credits, even if the substantive area covered by the class was taxation. Therefore, all tax LL.M. students must take at least 20 credits in taxation at NYU School of Law.
2. Course Requirements
All full-time students must take a tax procedure course for either 1 or 2 credits (students may choose from Survey of Tax Procedure, Tax Procedure, Tax Penalties & Prosecutions, or Civil Tax Controversies & Litigation) and a course in tax policy (Tax Policy, Tax Policy Colloquium and Seminar, Tax Policy: Comparative, Tax Policy: European Union, Tax & Social Policy Seminar, Public Economics for Lawyers or The Foreign Tax Credit). Although part-time students must also take a tax procedure course for either 1 or 2 credits, they are not required to take a tax policy course. All joint J.D.-LL.M. students are required to fulfill both the tax policy and tax procedure requirements, regardless of whether they complete the LL.M. degree on a part-time or full-time basis.
If students have taken a tax procedure or tax policy course(s) in law school, either or both of these requirements may be waived.
Aside from the tax procedure (full and part-time) and tax policy (full-time only) requirements, students are free to design their program to suit their individual needs. All students should consider taking Taxation of Property Transactions and Timing Issues and the Income Tax, as they cover basic issues and concepts that pervade tax law.Instructors in the more advanced courses assume that students have mastered this material and do not spend class time reviewing these issues and concepts.
There is no independent writing requirement for students in the LL.M. in Taxation Program. With permission, students may receive up to 2 credits for a Directed Research project supervised by one of the tax faculty. No exceptions can be made to the maximum of 2 credits for Directed Research.
3. Areas of Concentration in Taxation
Because NYU Law has such a wide selection of tax courses, it is possible for students to design their program of study to concentrate on areas of particular interest. These areas include General Taxation, Business Taxation, International Taxation, Estate Planning, and Tax Policy.
If students are seeking a general background in taxation, we recommend a broad exposure. A typical schedule might include:
Of course, students’ exact schedules depend on their background and interests. For example, if one has a solid background in corporate taxation, they would not take Corporate Taxation I & II. Instead, they might take Advanced Corporate Tax Problems in the fall semester. Electives might include an advanced course in a particular area (e.g., Taxation of Financial Instruments). Students who have taken a course in corporate taxation at the J.D. level, but who would like additional coverage of taxable and tax-free corporate mergers and acquisitions should consider taking the 2 credit course Corporate Tax II.
The core of NYU’s business tax offerings consist of the following courses: Corporate Taxation I & II (4 credits), Partnership Taxation (2 or 3 credits), Taxation of Mergers & Acquisitions (2 credits), Advanced Corporate Tax Problems ("ACTP") (2 credits), Taxation of Private Equity Transactions (2 credits),Taxation of Affiliated Corporations (2 credits), Bankruptcy Taxation (2 credits), Taxation of Executive Compensation (2 credits), and Taxation of Business Conduits (2 credits). Corporate Taxation I & II (4 credits) is only offered during the day, but part-time students can gain exposure to the same material by taking both Corporate Tax I (2 credits) and Corporate Tax II (2 credits). Students also should consider taking one or more of our offerings in international taxation, Taxation of S Corporations (2 credits), and Taxation of Financial Instruments (2 credits). This area of concentration is designed for students who wish to concentrate in business tax. Depending on students’ prior scholastic or practice experience, several courses in the corporate area are also recommended for those wishing to concentrate in international taxation.
Full-time students who have not already taken a course on corporate tax should take Corporate Taxation I & II in their fall semester. Students who have taken a J.D. course in corporate taxation but would like additional coverage of taxable and tax-free corporate business transactions should consider the two credit course ACTP.
Other recommended courses are Taxation of Property Transactions I & II and Timing Issues and the Income Tax. A typical program of study might include:
If students have already taken corporate taxation in their J.D. program, we recommend that they proceed to more advanced courses.
The core of our offerings in international taxation consist of the following courses: International Tax I & II (4 credits), International Tax III (2 credits), Tax Treaties, ACTP International, International Business Transactions, International Tax Policy, and Comparative Tax Policy. The day-time offerings of International Tax I & II (4 credits) and International Tax III (2 credits) are meant to be a year-long course for full-time students. Students are advised to take both semesters of the course to gain a complete understanding of U.S. international taxation. We believe it is essential that students have taken a course in corporate taxation at the J.D. level or that they take Corporate Taxation I & II at NYU Law in their first semester for this course of study. If students have recently completed a corporate tax course, they should consider taking Taxation of Mergers & Acquisitions as part of their study of international tax.
Each year, an international visiting professor will offer courses in the international tax area. Descriptions of all course offerings are available on the NYU School of Law web site, http://its.law.nyu.edu/cms/public/schedules/
A typical course of study would be:
The core of our offerings in the estate planning area consists of the following courses: Estate & Gift Taxation (2 or 3 credits), Estate Planning (2 credits), International Estate Planning (1 credit), Generation-Skipping Transfer Tax (1 credit), Income Taxation of Trusts & Estates (2 credits), and Income Taxation of Trusts & Estates II (2 credits). It is our experience that students who have taken estate and gift taxation at the J.D. level need not repeat the class at NYU School of Law. These students should consider taking Tax Exempt Organizations (2 credits) and Tax Aspects of Charitable Giving (2 credits). To practice effectively in this area, it is important to have a good general background in taxation. Therefore, we recommend that students select from among the following courses (if you haven't taken them already): Taxation of Property Transactions, Corporate Taxation I & II, Partnership Taxation, and Timing Issues and the Income Tax.
A typical program, for students who have previously taken estate and gift tax in law school, might be as follows:
If students are interested in a career in government or in teaching, they should strive to obtain a broad exposure to both tax policy and substantive tax issues. We offer a broad variety of tax policy courses, including: Tax Policy Colloquium and Seminar (4 credits), Tax Policy: Comparative (2 credits), Tax Policy: European Union (2 credits), Tax Policy (2 credits), Tax & Social Policy Seminar (2 credits), The Foreign Tax Credit (2 credits). In addition, we recommend taking non-policy courses to round out students’ tax background.
B. International Tax Program (for foreign students) leading to an LL.M. in International Tax
Professor H. David Rosenbloom, Director
Vanderbilt Hall 430C
Telephone: 212.998.6150
david.rosenbloom@nyu.edu
Professor Alexander Rust, Acting Assistant Professor
Vanderbilt Hall 430
Telephone: 212.998.6150
alexander.rust@nyu.edu
The LL.M. program in International Taxation is limited to students who are graduates of foreign law schools. There will be considerable interaction, however, between students in this program and those in the Graduate Tax Program who are concentrating in international taxation. For more information, please visit the website.
1. General Course Requirements
Of the 24 credits needed to graduate, students must take 15 credits in the required courses listed below. Of the remaining 9 credits, 4 must be in tax classes other than Income Taxation. The remaining 5 credits may be satisfied by either tax or non-tax courses. Additionally, all International Tax Program students are required to take Introduction to U.S. Law, a non-tax course that is designed to introduce foreign lawyers to U.S. legal concepts. Introduction to U.S. Law is a non-credit class that is offered the week before the regular fall term begins.
Fall Semester Required Courses
International Tax I & II (Prof. Steines’ section; part one of a year-long course) – 4 credits
Corporate Tax I & II (Prof. Rust’s section) – 4 credits
Spring Semester Required Courses:
Taxation of International Business Transactions – 3 credits
Tax Treaties (Prof. Rosenbloom’s section) - 2 credits
Students must also take one of the following two Tax Policy courses
Tax Policy: Comparative (spring) – 2 credits
Tax Policy: European Union (spring) – 2 credits
Suggested Fall Electives
Corporate Finance - 3 credits
Corporations for International Students - 2 credits
International Economic Transactions: International Trade - 3 credits
International Law - 3 credits
Timing Issues & the Income Tax - 2 credits
Suggested Spring Electives
Advanced Corporate Tax Problems - 2 credits
Advanced Corporate Tax Problems (International) - 2 credits
Colloquium on Tax Policy and Public Finance - 4 credits
International Tax III (part two of a year-long course) - 2 credits - International Tax I & II (fall, 4 credits) and International Tax III (spring, 2 credits) are meant to be a year-long course for full-time students. International Tax III need only be taken in the spring if students expect to remain in the U.S. following receipt of the LL.M. degree and expect to practice U.S. tax law.
Partnership Taxation - 3 credits
Taxation of Financial Instruments - 2 credits
Taxation of Mergers & Acquisitions - 2 credits
Courses in the international law area may also be elected, up to a maximum of 5 credits.
2. No Writing Requirement
Although there is no independent writing requirement for the Taxation Program, students may choose to register for up to two credits in a Directed Research Project supervised by the Director of the International Tax Program. Interested students should contact Professor Rosenbloom or Professor Kofler.
C. Joint J.D.-LL.M. Program in Taxation leading to an LL.M. in Taxation
Graduate Tax Law Program
Telephone: 212.998.6150
Fax: 212.995.4075
law.taxprograms@nyu.edu
The Law School makes available to J.D. students from both NYU School of Law and other accredited American law schools the opportunity to obtain the J.D. and LL.M. degrees in a total of seven semesters of full-time study. The J.D.-LL.M. takes only seven semesters to complete (instead of eight) because the Graduate Tax Program allows students to count graduate tax courses taken at NYU School of Law as J.D. students towards the LL.M. in Taxation degree.
Upon receipt of the J.D., an NYU Law Joint Degree candidate will be admitted officially to the LL.M. program and will be given credit for advanced tax courses successfully completed while pursuing the J.D. This is not technically a "joint degree" program in that a student does not formally become a candidate for the LL.M. degree until after they have received their J.D. degree. In compliance with ABA standards, the student's admission to the LL.M. program is contingent upon receiving the J.D. degree. No exceptions will be made to this requirement. Visiting third year J.D. students only will receive credit for advanced tax classes taken at NYU Law. Such non-matriculants should visit the Graduate Tax Program office on the 4th floor of Furman Hall for more information. The term "advanced tax courses" includes all L11 tax courses except Income Taxation (L11.2001). This advanced credit enables the student to earn the LL.M. degree after a minimum of only one additional semester of full-time study.
Please note, at this time, online courses in advanced tax are not open to J.D. students. When completing the LL.M. degree, it is the responsibility of the students taking online courses to determine whether and to what extent their decision to take such courses will impact their ability to practice in their jurisdiction of choice. Additionally, foreign students should consult with the OISS to determine the effect of online classes on their visa status.
1. Part-time or Full-time
After completing the J.D., a student in the Joint Degree Program may pursue the LL.M. either on a full-time or part-time basis. On a part-time schedule, Joint Degree Program participants can complete the LL.M. in as few as two semesters. A student may take as long as 5 years to complete the LL.M. requirements on a part-time basis. The 5 year period begins to run at the time the candidate took her first advanced tax course as a J.D. student.
2. Requirements
All of the requirements of both the J.D. (82 credits) and the LL.M. (24 credits) must be satisfied by joint degree students. Additionally, joint degree students must take 20 of the required 24 LL.M. credits in advanced tax courses. Only advanced tax courses taken as a J.D. may double-count toward the LL.M. Non-tax classes taken while a J.D. student do not count towards the LL.M. The other 4 credits may be taken in any upper-level course offered in the Law School.
All candidates must complete a course in tax procedure and a course in tax policy. Even if a candidate plans to finish the degree on a part-time basis, they must satisfy both the tax policy and procedure requirements. This is in contrast to other part-time LL.M. students who need not satisfy the policy requirement. Beyond these two course requirements and attending a tax research workshop that is offered each fall during the day, joint degree candidates are free to design their schedules to meet their individual needs.
Regardless of how many advanced tax courses a student takes while pursuing her J.D. degree, after being awarded the J.D. degree, they must take 1 additional semester of full-time study (or its equivalent, i.e., 12 credits) to earn the LL.M. (in Taxation). For example, if a student took 15 credits in advanced tax courses while a J.D. student, then they must still take 12 credits after receiving the J.D. However, only 5 of the remaining 12 would have to be in advanced tax classes.
3. Examples
If a participating NYU Law student took 12 credits of advanced tax courses while pursuing their J.D. degree, they would need only 12 additional credits to complete the requirements of the LL.M. degree, for a total of 24 credits. At least 8 of the 12 post-J.D. credits must be in advanced tax classes.
However, if a participating NYU Law student took only 8 credits of advanced tax courses while pursuing their J.D. degree, they would need to complete 16 additional credits to complete the requirements of the LL.M. degree, for a total of 24 LL.M. credits. In this case, 12 of the 16 post-J.D. credits would have to be in advanced tax classes.
There is no independent writing requirement for students in the joint degree program. With permission, students may receive up to 2 credits for a Directed Research Project supervised by one of the tax faculty. No exceptions can be made to the maximum of 2 credits for directed research.
4. Suggested Schedule
First-year students should take Income Taxation (L11.2001) during the fall semester of their second year. This will enable them to take a second tax course (probably Corporate Tax I & II) during the spring semester.
Second-year students should plan their last three semesters of study now because some advanced tax courses are offered only one semester each year, and other advanced tax courses are offered during the day only one semester each year. Courses students may want to consider taking during their third year include:
In addition to the above suggestions, there are numerous other courses that students may want to take, depending on their interests. Therefore, we recommend that students make an appointment with the Director of the Graduate Tax Program, who will work with them to devise a schedule that will meet their particular needs. Additionally, students should also feel free to discuss their schedule with any member of the Tax Faculty.
D. Advanced Professional Certificate (APC) in Taxation Program leading to an APC
Graduate Tax Law Program
Telephone: 212.998.6150
Fax: 212.995.4075
law.taxprograms@nyu.edu
NYU School of Law’s Advanced Professional Certificate (APC) in Taxation program is intended to meet the special post-graduate educational needs of attorneys by providing directed access to advanced LL.M. in Taxation courses. The APC consists of a combination of related courses totaling at least 12 credits.
The Advanced Professional Certificate programs have three areas of concentration:
1. Corporate Taxation
Corporate Taxation APC will require the following core courses:
Students will then elect from the following offerings:
2. Estate Planning
Estate Planning APC will require the following core courses:
Students will then elect from the following offerings:
3. International Taxation
International Taxation APC will require the following core courses:
Students will then elect from the following offerings:
Students may complete the program in one calendar year of part-time work, taking no more than 6 credit hours per semester. All APC requirements must be completed within four years. Since the APC consists of advanced courses, students must satisfy prerequisites. Students pursuing the APC in tax may transfer to the part-time LL.M. in Taxation Program.