BUSINESS TAX LAW

BUSINESS TAX LAW

Federico Rasi, Andrea Di Gialluca, Alessandro Zavaglia

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