Instructional goals
The course is finalized to provide to students a thorough and a professional knowledge tax law subject, with specific reference to most relevant interest sectors for economics graduating students. Main themes that will be analyzed are company income and national and international tax planning. The course will be organized to ensure the analysis of corporate taxation, national tax planning (extraordinary corporate transactions, national tax consolidation regime) and international tax planning (double taxation Conventions, transfer pricing, permanent establishment, international tax consolidation regime).
Prerequisites
None
Intended learning outcomes
The aim of the training activities is to develop in students’ skills to analyze the regulatory texts, as well as logical connections between institutions of common law and the discipline of corporate taxation, individual and collective, in the context of income tax and VAT. The student will master the implementation patterns of tax reports, with the acquisition of a method of approach to problems aware also of the practical implications. In this way, an interdisciplinary knowledge, required for the student who is interested in working professionally in the areas of business consulting, as well as in the exercise of judge of tax commissions, officials of the tax agencies and tax offices of public and private administrations, will be acquired. Skills will be acquired with the frequency of frontal lessons and with the constant use of references to concrete acts and cases. These skills will be verified by passing exams, classroom discussions, and case analysis, including using slides, materials and other multimedia content available on the platform. Working groups will also be organized among the students to be presented in the classroom.
The student will learn an in-depth preparation on the issues of tax law concerning the taxation of the company, including special disciplines (tax consolidations, extraordinary operations), without neglecting, in addition, the most important profiles of transnational tax law (transfer pricing, stable organization, etc.). Knowledge is acquired with the frequency of frontal lessons and the constant use of references to acts and cases. This knowledge is verified by passing exams, classroom discussions, case analysis.
The student will acquire an ability to assess and judge on tax issues with regard to the interpretation and application of national and international regulatory sources. It will then have acquired problem analysis skills, the ability to identify reference regulations, the appropriate procedures for situations and the consequent identification of solutions for practical cases. Specifically, critical thinking, problem solving, self-management, relationship and communication skills will be developed, which enhance and make disciplinary skills more expendable. These skills are verified not only through passing exams, but also in the classroom and in case analyses.
The student will have to master the legal lexicon and acquire a terminology accuracy in the matter of tax law and an appropriate argumentative ability. The training course also guarantees appropriate language skills in at least one foreign language for the creation and development of professional relationships, communication and transmission of communications and acts in a European and international context. Communication skills are achieved and verified through examination tests requesting elaborate exhibition and argument capacity, as well as processing and discussing cases.
The student at the end of the course will acquire the ability to identify and interpret any changes in legislation and new doctrinal and jurisprudential orientations, having acquired a degree of knowledge to develop learning skills that allow him to continue to update himself, even independently.
Course Contents
The course is finalized to examine the corporate taxation, with specific reference to income tax (IRPEF and IRES and IRAP) and IVA. Furthermore, particular attention will be given to national and international tax planning.
Therefore, the course will be divided in two parts.
The course first part, foreword a general and introductory part on the tax system and its general principles (including the regulation of tax avoidance), will be concern company tax system. In particular, the following topics will be analyzed :
• IRPEF taxpayers (company income holders) and IRES taxpayers;
• Residence for tax purposes and the so-called “relocation abroad”;
• Company income computation rules: “derivation principle”, others general principles, tax relevant revenues and costs, IAS-adopters company income computation rules.
The second part will be concern national and international tax planning:
• fiscal aspects about extraordinary corporate transactions;
• national and international tax consolidation;
• transfer pricing;
• worldwide income taxation and the principle of source for non-resident tax system: the permanent establishment;
• Agreements for the avoidance of double taxation, specifically company and financial income;
• the VAT framework
Reference Books
Melis G., Manuale di diritto tributario, Giappichelli, Latest Edition
Teaching material will be distributed in class and inserted on the platform.
The use of an up-to-date code of fundamental tax laws is also required.
Teaching Methods
- on-campus frontal lessons
- discussion on selected topics
- case studies
Working groups will also be organized among students with presentation in the classroom and evaluation of the results achieved and the exhibition capacity
Assessment Method
Attending students are required to attend the case studies.
Such activity constitutes 1/3 of the final mark.
The final examination constitutes 2/3 of the final mark.
For non-attending students, the final mark is awarded in full (100%) in the oral examination.
Thesis assignment criteria
None
Week 1
Presentation of the course and examination methods
General principles of tax law (tax and fees, basic elements of tax, constitutional principles)
The tax system, IRPEF, IRES, IRAP (rationale, taxable persons, tax base, rates)
Materials distributed in class and posted on the platform.
Manual Melis – Chap. XX – Chap XXII §§ from 1 to 4 – Chap XXV Sec. 2 §§ from 6 to 9
Week 2
Case study 1
The commercial enterprise in the CAIT.
Income from productive activities.
Relationships between business income, employment income, and miscellaneous income.
Materials distributed in class and posted on the platform.
Manual Melis – Chap. XXI Sec. I § 1
Week 3
The principle of derivation of the corporate income taxable basis from the statutory financial statements (rationale and its evolution).
The system of tax adjustments
The positive components, income, capital gains and financial gains (PEX)
Materials distributed in class and posted on the platform.
Manual Melis – Chap. XXI Sec. I §§. from 1 to 3.3 – Chap XXII §§ from 6 to 6.2.
Week 4
Case study 2
Negative components, general criteria
Depreciation and Provisions
Materials distributed in class and posted on the platform
Manual Melis – Chap XXII §§ from 6.3 to 6.4.
Week 5
Passive interest
Marketing expenses
Employee expenses and withholding tax on income payments on employes
Materials distributed in class and posted on the platform
Manual Melis – Chap XXII § 6.4 – Chap IX par. 4
Week 6
Case study 3
Mergers and divisions
Materials distributed in class and posted on the platform
Manual Melis – Chap XXI Sec I § 3.2. - Chap XXIII
Week 7
Losses and write-downs on accounts receivable
Tax Consolidation and Look Through Approach
Materials distributed in class and posted on the platform
Manual Melis – Chap. XXII Par. 6.4
Week 8
Case study 4
Cooperative Compliance and Tax Crimes.
Materials distributed in class and posted on the platform
Manual Melis Chap XXI Sez. I Par. 3.1.– Chap. V § 3 – Chap XI Sec. I § 7 – Chap XVIII Sec. II
Week 9
Introduction to International Taxation
Global minimum tax (an overview)
The OECD Model and the Cross-border conversions against double taxation
Materials distributed in class and posted on the platform
Manual Melis – Chap. VI § 3, Chap. III par. 4
Week 10
Case Study 5
Transfer pricing
Materials distributed in class and posted on the platform
Week 11
VAT
Materials distributed in class and posted on the platform
Manual Melis – Chap. XXIV
Week 12
Case study 6
Regional Production tax (IRAP)
Materials distributed in class and posted on the platform
Manuale Salvini – Chap. XXV Sec. 2