BUSINESS TAX LAW
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
None
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;
• 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
Salvini L. Diritto tributario delle attività economiche, Giappichelli, Ultima edizione
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 (topics, case studies, group papers, oral examination)
General principles of tax law (tax and fees, basic elements of tax, constitutional principles)
The tax system, IRPEF, IRES (rationale, taxable persons, tax base, rates)
Materials distributed in class and posted on the platform.
Manuale Salvini – Chap. 1 – Chap 2 §§ from 1 to 3
Week 2
Taxpayers in the ITA Personal Income Tax and un the ITA Corporate Income Tax
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.
Manuale Salvini – Chap. 3 §§. from 1 – 1.1. to 1.3
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
T
he positive components, income, capital gains and financial gains (PEX)
Materials distributed in class and posted on the platform.
Manuale Salvini – Chap. 3 §§. from 1 – 1.4. to 3. – 3-7
Week 4
Case study 1: the tax concept of commercial enterprise in the ITA Personal Income Tax and un the ITA Corporate Income Tax
Negative components, general criteria
Depreciation and Provisions
Materials distributed in class and posted on the platform
Manuale Salvini – Chap. 3 § from 4- 4.1 to – 4.8
Week 5
Passive interest
Marketing expenses
Employee expenses
Materials distributed in class and posted on the platform
Manuale Salvini – Chap. 3 § from 4- 4.1 to – 4.8
Week 6
The accrual principal
Losses and write-downs on accounts receivable
Materials distributed in class and posted on the platform
Manuale Salvini – Chap. 3 § from 4- 4.1 to – 4.8
Week 7
Tax Consolidation and Look Through Approach
Mergers and divisions
Materials distributed in class and posted on the platform
Manuale Salvini – Chap. 7 §§.from 1 to 4 and Chap. 9
Week 8
Case study 4: The inherence principle
Tax Avoidance, Cooperative Compliance and Tax Crimes.
Materials distributed in class and posted on the platform
Week 9
Foreign-source income in the Italian Income Tax Code (TUIR)
Global minimum tax (overview)
The OECD Model and the Cross-border conversions against double taxation
Materials distributed in class and posted on the platform
Manuale Salvini – Chap. 5
Week 10
Case Study 5: Dual Residence
Transfer pricing
Materials distributed in class and posted on the platform
Manuale Salvini – Chap. 5
Week 11
VAT
Materials distributed in class and posted on the platform
Manuale Salvini – Chap. 6
Week 12
Case study 6: Permanent Establishment
VAT and e-commerce
Materials distributed in class and posted on the platform
Manuale Salvini – Chap. 6