CORPORATE TAX LAW
Instructional goals
This course aims to provide students with a deep knowledge of the main Italian taxes on economic activities – carried on either by individuals or by companies – with special reference to Personal Income Tax (IRPEF), Corporate Income Tax (IRES), VAT and Regional Tax on Productive activities (IRAP). The course also aims to develop students' skills necessary to analyse laws, to solve problems and to acquire advanced techniques.
Intended learning outcomes
Theoretical and practical knowledge of corporate income principles and rules
Course Contents
General rules of income tax – relations between taxation of companies and taxation of individuals - Self-employment income - Business income - Corporate income tax - Value added tax - Regional tax on productive activities - Accounting records
Reference Books
Diritto tributario delle attività economiche, a cura di L. Salvini, Giappichelli, 2022
Materials on the “Luiss Learn” website
Teaching Methods
The lessons will provide students with a systematic framework of the taxation of economic activities. The lessons will also be characterized by a case-related approach, in order to allow students to acquire a "tax" methodology to solve concrete cases
Assessment Method
During the oral exam the student will be required to show that he/she knows and understands notions and principles of taxation on economic activities and that he/she is able to apply them to practical cases. The student is expected to be able to independently analyse sources and relevant theories and to use the appropriate technical and legal vocabulary, thus proving that he/she has acquired the study method and the learning ability for carrying on, also independently, further study of the matter. The following evaluation criteria will be taken into account to assign the final grade, expressed in thirtieths: - knowledge and understanding of the notions and principles of the matter and ability to apply them to concrete cases (65%); appropriate use of the technical and legal vocabulary, ability to analyse and evaluate relevant sources and acquisition of the study method (35%). Learning gaps concerning one or more notions or principles of tax law will lead to an insufficient evaluation, even in presence of a basic knowledge of the matter.
Thesis assignment criteria
aptitude for research;
evaluation of the teacher through an interview
Week 1
Introduction to the course - Exercise of economic activities: self-employment income, business income, taxable persons under VAT,
Personal Income Tax (IRPEF) and Corporate Income Tax (IRES)
Subjective / objective profiles and characteristics of each tax
Week 2
Relations between taxation of companies and taxation of their partners. Double taxation. Methods for avoiding/limiting double taxation.
Taxation of capital gains and corporate dividends.
Transparency regime, exclusions, exemptions and “cedolare”.
Week 3
Exercise and practical cases
Main elements for determining business income (IRES): tax period, calculation of the tax base, tax rate, tax loss regime
Week 4
Principles for determining business income: dependency, accrual, matching, temporal attribution, certainty and inherence principles
Week 5
Positive components of business income.
Negative components of business income.
Week 6
Negative components of business income (follows)
Exercise and practical cases.
Week 7
The domestic and international tax consolidation
M&A transactions: companies and shareholdings sales; contributions; mergers; divisions
Week 8
Exercise
Week 9
VAT - Taxable transactions, object, taxable persons, territoriality
Week 10
Taxable transactions and exempt transactions (with or without the right to deduct).
Taxable base. Tax rates.
Chargeability of the tax and time of carrying out the transactions. Persons liable for payment of VAT. Recharge and deduction of VAT. Reverse charge. Split payment.
Week 11
Case
Special regimes. Obligations - analysis of the tax return. VAT Group.
Week 12
IRAP: tax rules and characteristics