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).
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, the will be acquired a 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. Skills are acquired with the frequency of frontal lessons and with the constant use of references to concrete acts and cases. These skills are 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 acquired an ability to assess and judge on tax issues with particular 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 juripdrudential orientations, having acquired a degree of knowledge to develop learning skills that allow him to continue to update himself, even independently. These capabilities are acquired through the preparation of exam and case analysis in particular the subject of working groups among students.
Prerequisites
No
Course Contents
The course is finalized to examine the corporate taxation, with specific reference to income tax (IRPEF and IRES) 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;
• CFC rule;
• transfer pricing;
• world wide income taxation and the principle of source for non-resident tax system: the permanent estabilishment;
• Agreements for the avoidance of double taxation, specifically company and financial income;
• the VAT framework
Reference Books
Tesauro F., Istituzioni di diritto tributario, UTET, Latest published edition.
Recomended reading:
Salvini L. Diritto tributario delle attività economiche, Giappichelli, Ultima edizione pubblicata
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
online and
on-campus frontal teaching - case analysis- presentation of 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
Evaluation in thirtieths of the results achieved in the working groups and final oral exam.
For students who are not attending or who have not participated profitably in working groups only the final oral exam
Thesis assignment criteria
It is necessary to overcome the exam with a minimum score of 26/30.
Does the syllabus cover sustainability topics?
No
Week 1 Contenuto sessioni on line e on campus
Presentation of the course; teaching programming; working groups.
Illustration of the topics of the working groups:
The concept of a commercial enterprise
Residence in income tax (IRPEF and IRES)
Inherence in determining business income
The taxation of capital gains and financial capital gains in corporate income
The regulation of depreciation in business income
Advertising, representation and sponsorship expenses
Employee labor costs
VAT
on campus
The positive tax system and its evolution: from the tax reform of 1971 to the Monti Government through the first and second Visco reform and the Tremonti reform of 2003. The principles of the tax system
on campus and online
Material distributed in class
Week 2 Contenuto sessioni on line e on campus
Training of working groups and assignation of study topics
on campus
The statute of taxpayers' rights and tax avoidance: notion and case studies:
the distinction between circumvention, legitimate tax savings and erosion typical cases of circumvention in the elaboration of administrative practice and jurisprudence
Tax avoidance: anti-circumvention legislation and jurisprudential evolution (abuse of the
law):
art. 37 bis of d.P.R. n. 600 of 1973 and art. 10bis of Law 212/2000
the case law of the Court of Justice and the Cassation on the abuse of tax law
on campus and online
Part One – Chapters Three and Eleventh
Material distributed in class and inserted into the platform
Week 3 Contenuto sessioni on line e on campus
VAT: objective, subjective and territorial assumptions; taxable, non-taxable and exempt transactions; the principles of retaliation and deduction
The IRPEF in general: assumption, taxable persons, residence, tax base and rates
The company in tax law:
the civil notion of enterprise and differences with the tax notion
the definition of a commercial enterprise in the t.u.i.r.
the objective exercise of commercial activities and the organization in the form of a business
IRES in general:
the general characteristics of corporation tax taxable persons: from companies with capital to commercial and
non-commercial entities the distinction between commercial
and non-commercial
entities the tax residence of companies
and entities foreign-dressed companies
on campus and online
Special Part – Chapter Two, Section 5
Chapter Six – Section One, Second and Third
Material distributed in class.
Week 4 Contenuto sessioni on line e on campus
Presentation and discussion of the theme: The concept of a commercial enterprise
on campus
The determination of business income: the principle of derivation:
the evolution of the
principle of derivation
from upside-down dependence to double track
the importance of
the application of international accounting
standards
the principle of enhanced derivation and its application to IAS adopter subjects
online
Special Part – Chapter Three – Section Two
Material distributed in class and inserted into the platform
Week 5 Contenuto sessioni on line e on campus
Presentation and discussion of the theme: Residence in income tax (IRPEF and IRES)
on campus
Competence and inherence:
legal competence and economic competence
difference between IAS and non-IAS subjects
inherence: narrow or broad notion of inertness
Art. 110 of the t.u.i.r.:
the evaluation criteria
the other rules of Art. 110
the transfer pricing (definition)
transactions with subjects residing in Tax Havens online
Special Part – Chapter Three – Section Two
Material distributed in class and inserted into the platform
Week 6 Contenuto sessioni on line e on campus
Presentation and discussion of the theme: Inherence in determining business income
on campus
THE MAIN CHANGES IN THE DETERMINATION OF BUSINESS INCOME
General framework:
increasing changes and decreasing changes Capital
gains:
the definition of capital gains the different assumptions covered by the
standard
the possibility
of opting for the distribution of taxation
The PEX and the capital gains regime taxation of dividends:
PEX and the taxation of dividends and the problem of the elimination of economic double
taxation
PEX: condition and requirements of application
the taxation of dividends: the different applicable regimes (IAS and non-IAS subjects; capital companies; company of persons; natural persons)
online
Special Part – Chapter Three – Section Two
Material distributed in class and inserted into the platform
Week 7 Contenuto sessioni on line e on campus
Presentation and discussion of the theme The taxation of capital gains and financial capital gains in corporate income
on campus
The deductibility regime of interest expense:
the general rules for subjects other than banks and insurance the rules for banks and
insurance
the deductibility of interest expense within the groups
The fiscal discipline of depreciation:
the main tax rules the abolition of advance depreciation the influence of the principle of
enhanced
derivation
leasing and the
difference between IAS and non-IAS subjects
online
Special Part – Chapter Three – Section Two
Material distributed in class and inserted into the platform
Week 8 Contenuto sessioni on line e on campus
Presentation and discussion on the theme The regulation of depreciation in business income
on campus
Receivables:
losses on receivables
credit write-downs: differences between banks and insurance companies and other entities
Other changes:
representation expenses
carry-over of previous losses
online
Special Part – Chapter Three – Section Two
Material distributed in class and inserted into the platform
Week 9 Contenuto sessioni on line e on campus
Presentation and discussion on Advertising, representation and sponsorship expenses
on campus
EXTRAORDINARY TRANSACTIONS
The general principles:
the distinction between the realization and reorganization of contributions and exchanges of
holdings:
the general and special rules for company
contributions
fiscal neutrality or the option for the replacement tax
the exchanges of participation: requirements and conditions for
tax neutrality Mergers and
divisions:
the general discipline of neutrality
the application of the replacement tax
the rules on the carry-over of losses
the elusive risks online
Special Part – Chapter Five.
Material distributed in class and inserted into the platform
Week 10 Contenuto sessioni on line e on campus
Presentation and discussion on the theme: Employee labor costs
on campus
THE TAX DISCIPLINE OF GROUPS
Groups in the tax discipline:
from VAT groups to the consolidated tax the national consolidated:
subjective and objectiveconditions of application
positive discipline
tax benefits
The global consolidated:
subjective and objective conditions of application
positive discipline
tax benefits
differences between national consolidated
and consolidated global
online
Special Part – Chapter Three – Section Three and Chapter Four – Section I
Material destroyed in class and inserted into the platform
Week 11 Contenuto sessioni on line e on campus
Presentation and discussion on the theme: VAT
on campus
INTERNATIONAL TAXATION
International conventions against double taxation:
the OECD model
the exchange of information the tax credit for taxes paid abroad
The permanent organization:
the notion in the OECD model
the notion according to internal legislation
the stable personal and material organization online
Special Part – Chapter Four – Section One
Material distributed in class and inserted into the platform
Week 12 Contenuto sessioni on line e on campus
The application discipline of VAT
on campus and online
Special Part – Chapter Six – Section One, Second and Third
Material destroyed in class and inserted into the platformer