TAX LAW
Obiettivi formativi
The course is aimed at providing the students with the most relevant concepts of tax law. These concern both the principles and the procedural aspects, with a specific focus on the relationship with the concepts and instruments developed by other branches of law and the relevant case law. As for specific taxes, personal income tax, corporate income tax and VAT will be analysed in order to provide the students with the knowledge of the basics of the three most important taxes in the Italian tax system.
Risultati di apprendimento attesi
Knowledge and comprehension
The training activities carried out aim to develop in the students both skills for the analysis of legal text and comprehension of logical connections within the general part of tax rules and the special parts of tax legislation. The students will be introduced to the professional considerations behind these issues that will then be implemented in the following years of specialization in the field of corporate and tax law for those who will follow such career path.
In particular the abovementioned course develops in the students the essential skills to work in the field of taxation as a one of the following professional figures: specialised tax lawyer, accountant, tax law judge, official of public tax agency, corporate advisor.
In any case, the course grants a solid understanding of the theoretical and practical aspects of the subject. The skills will be acquired through both classes and the constant reference to specific legal cases.
The acquisition of the aforementioned skills will be verified through the positive outcome of the final exam.
Ability to apply knowledge and understanding
Thanks to the constant reference to specific legal cases the student will acquire the practical aspects of the subject and the ability to orientate himself in its complexity.
Autonomy of judgment
The student will acquire individual critical-analytical skill through the critical comparison among case law, doctrine and administrative practice.
Communicative Skills
The student will be able to communicate information and solutions to specialised and non-specialised persons as a result of the expertise gained during the course.
Learning skills
The student will be able to conduct his own business activity putting into practice the notions assimilated during the course.
Contenuti Del Corso
Tax law in the Italian tax system – Compulsory contribution, levies and the principle of legality – Ability to pay principle – Temporal and spatial limits of tax legislations – Interpretation and tax avoidance – National, EU and international sources – Taxable persons – Tax obligation – Tax return, tax settlement and formal controls – Tax audit – Tax assessment – Alternative dispute resolution - Personal income tax (IRPEF): general principles and schedular income – business income: notion and general principles – Corporate Income Tax (IRES): general principles – VAT
Testi Di Riferimento
Materials that will be made available during the course.
Metodologie Didattiche
Lectures, supported by materials that will be made available to the students
Considering the structure of the course, class attendance is highly recommended.
Class attendance at least equal to 75% of the total class time and student’s active participation during classes will be positively considered in the final assessment.
EUCOTAX WINTERCOURSE
Students are invited to take part to the selection for the Eucotax (European Universities COoperating on TAXes) Wintercourse.
The Eucotax Wintercourse, to which Luiss Guido Carli participates since 1995, is a project of cooperation in research activities in the field of tax law, in which prestigious EU and non-EU universities take part.
Each year a general topic is selected and it is divided into six sub-topics. A questionnaire is drafted for each of the subtopics. Each student has to answer to the questions included in the questionnaire from his/her own country perspective.
During the week of the Wintercourse a comparison among the rules applicable in the different countries takes place. All the students who have investigated the same subtopic draft a final document on the relevant subtopic.
Details on the selection procedure will be communicated during the course.
For further information on the Eucotax Wintercourse please refer to the internet page of the Tilburg University - which is among the participating universities - https://www.tilburguniversity.edu/students/studying/additional-education/eucotax-wintercourse).
EUCOTAX WINTERCOURSE - BENEFITS FOR PARTICIPANTS
Selection of the student as participant to the Eucotax Wintercourse will receive a highly positive consideration in the final assessment.
Modalità di verifica dell'apprendimento
Midterm exam: exam with questions covering the topics discussed during the first 6 weeks of classes.
Final exam: exam with questions covering either the topics discussed during the second 6 weeks of classes or, as an alternative, all the topics of the course (depending on the decision of the student to accept or not the grade proposed for the midterm exam)
Criteri per l’assegnazione dell’elaborato finale
As for the thesis, first of all the student should have attended the course.
Once the topic is identified and defined with the professor, the student is required to:
1. Carry out a preliminary research on the topic;
2. Draft a preliminary bibliography;
3. Read the materials;
4. Draft a preliminary outline of the thesis;
5. Submit the preliminary outline to the professor for his approval.
After the approval of the outline, the student can start writing the thesis, under the supervision of either the professor or one of the teaching assistants.
Settimana 1
COMPULSORY CONTRIBUTIONS, LEVIES AND PRINCIPLE OF LEGALITY: The concept of “levy” and differences with compulsory contributions and payments that include a private element. – Public revenues and taxes.
COMPULSORY CONTRIBUTIONS, LEVIES AND PRINCIPLE OF LEGALITY: Relationship between compulsory contributions and levies. – Classification of levies: taxes, charges, fees and fiscal monopolies. – The principle of legality and the characteristics of a levy.
Settimana 2
THE ABILITY TO PAY PRINCIPLE: Objective scope of application: difference between divisible and indivisible services. The benefit principle and its residual application. Fiscal interest – The meaning of the ability to pay principle. – The link with other constitutional principles. – Subjective scope of application of the ability to pay principle.
THE ABILITY TO PAY PRINCIPLE: Requirements of the ability to pay principle. Interplay between ability to pay and the taxable object. – Ability to pay and its effectiveness. – Ability to pay principle as an interpretative tool. – Principle of progressivity.
Settimana 3
INTERPRETATION, TAX AVOIDANCE AND ANALOGY: Interpretation of tax law and art. 12 of the General Preamble to the Italian Civil Code. – Literal interpretation. – Teleological interpretation and tax avoidance. – Systematic interpretation. – Analogy and tax law.
SPATIAL LIMITATIONS TO TAXATION: Spatial limitations to tax legislation. – Subjective and objective nexus. – International double taxation.
DOMESTIC SOURCES OF TAX LAW: Primary sources: ordinary laws of the State, ‘delegated’ laws, law-decrees. – Regulations and general administrative acts. – Taxing powers of subnational entities: the reform of Title V of the Constitution and fiscal federalism – Principle of legitimate expectations.
Settimana 4
EU SOURCES OF TAX LAW: Sources of EU Law and their relevance in tax law: a) EU Treaties, b) EU law principles; c) Regulations; d) Directives; e) Decisions; f) Opinions and Recommendations, “soft law”; g) Jurisprudence of the Court of Justice of the EU. – EU law and domestic law.
INTERNATIONAL SOURCES OF TAX LAW: Customary law and limitations on the legislator deriving thereto. – Double tax conventions and limitations on the legislator deriving thereto.
TAXABLE PERSONS: The withholding agent. – Potential issues arising in the relationships among the withholding agent, the taxpayer and the State. – Joint tax liability – Tax liable person.
TAX OBLIGATION: Transmission of tax debts and other changes concerning the taxable person. – Settlement of the tax liability: payments of the sums due, offset, statutes of limitations, alternative ways of settlement.
Settimana 5
TAX PROCEEDING: The different phases of the tax proceeding. – Guarantees in favour of the taxpayer.
TAX RETURN: Tax return: role and general overview. – Tax return: nature, effects and amendments. – Self-assessment and formal control of the tax return.
TAX AUDIT: Preliminary investigations. – Power to ask information. – Financial investigations: general remarks. – Presumptions and bank accounts. – Tax audits. – Irregularities of the investigation/audit and their consequences.
Settimana 6
TAX ASSESSMENT: The assessment phase and different assessment methods: introduction. – Assessment methods for individuals. –Assessment methods applicable to book-keeping entities. – Tax assessment: general remarks and nature. – Effects of the tax assessment. – Formal and substantive elements of the tax assessment. – Partial and supplementary tax assessment.
ALTERNATIVE DISPUTE RESOLUTION: Ruling. – Spontaneous repentance. – Internal review of administrative acts. – Tax settlement procedure.
Settimana 7
PERSONAL INCOME TAX (IRPEF): Introduction: the nature of IRPEF. – Taxable object: notion of income and possession of income.
PERSONAL INCOME TAX (IRPEF) (to be continued): Taxable persons and the concept of tax residence. – Tax base for residents and non-residents. – Different phases to determine the tax due.
Settimana 8
PERSONAL INCOME TAX (IRPEF) (to be continued): Income from the ownership of lands and buildings. – Income from capital.
PERSONAL INCOME TAX (IRPEF) (to be continued): Income from employment. – Income from self-employment. – Other income.
Settimana 9
PERSONAL INCOME TAX (IRPEF) (to be continued): The definition of business income. – Determination of business income: from accounting profit to taxable profit.
PERSONAL INCOME TAX (IRPEF) (to be continued): Determination of business income: accrual principle, business-related expenses, prior imputation pf costs to the profit and loss account.
Settimana 10
CORPORATE INCOME TAX (IRES): Taxation of corporate profits and dividends: alternative systems available and the Italian choice. – Taxable object, taxable persons, taxable base, tax rate and taxable period. – Tax residence. – Participation exemption regime.
VAT: EU nature of VAT. – How VAT works ad its taxable object. – VAT and its characteristics. Objective element. – Subjective element.
Settimana 11
VAT (to be continued): Territorial scope. – Chargeable event and chargeability of VAT. – Taxable transactions. Turnover. – Tax base and tax rate.
VAT (to be continued): Recourse obligation and VAT deduction. – Taxable persons and the reverse charge mechanism. – Formal requirements.
Settimana 12
Q&A session.
Q&A session.