Teaching code

4S00411

Teacher

Maria Grazia Ortoleva

Coordinator

Maria Grazia Ortoleva

Credits

6

Language

Italian

Scientific Disciplinary Sector (SSD)

IUS/12 - TAX LAW

Period

Second semester bachelor degree dal Feb 17, 2020 al Jun 5, 2020.

Lessons timetable Moodle Seminars 0

Learning outcomes

This course aims to allow students to be prepared on the Constitutional principles concerning the Italian Tax system, on the rights and obligations of taxpayers, on the direct taxations (the so-called “Irpef” and “Ires” taxation) as well as on VAT from the domestic and European perspective.
At the end of the lessons, the student has to prove to know the important Constitutional Principles for Tax field, the rules for the taxation concerning individuals or legal persons (resident or non-resident), the general criteria on indirect taxation system of domestic and international trade (VAT). Furthermore, students will have to interpret and apply the law to individual cases, using legal language and learned methods.

Program

TAXES AND RULES OF TAXATION
1. THE ITALIAN TAXATION SYSTEM: RIGHTS AND DUTIES OF TAXPAYERS

2. INCOME TAXES (IRPEF and IRES)
I) evolution of income taxes system;
II) fundamental rules;
III) type of individual incomes;
IV) business profits;
V) no-profit organizations and non-residence subjects;
VI) corporate groups.
3. VALUE ADDED TAX
Physiognomy of V.A.T.; 2. Symptoms of ability to pay V.A.T.; 3. relevant transactions: the supply of goods; 4. Performances and services; 5. The subjective point: the pursuit of undertakings, trades and professions; 6. The area profile relevant transaction; 7. The timing of the relevant transaction and chargeability of V.A.T.; 8. The sales "non-taxable": a) goods and services supplied to non-EU countries 9. Imports; 10. The intra-Community supplies 11. Exempt transactions 12. Taxable amount and rate of each transaction taxed with V.A.T.; 13 obligation of billing and compensation, right of deduction of VAT on purchases; 14 formal obligations; 15. Rules regarding procedure: liquidations, payments, statements annual repayments

Textbooks:
- FONDAMENTI DI DIRITTO TRIBUTARIO, AA.VV., 2020, Wolters Kluwer Italia, capitoli da 1 a 5
oppure
- PRINCIPI DI DIRITTO TRIBUTARIO, SALVATORE LA ROSA, 2019, GIAPPICHELLI, TORINO: da pag. 1 a pag. 25; da pag. 110; da pag. 112 a pag. 114; da pag. 141 a pag. 176; da pag. 203 a pag. 217; da pag. 229 a pag. 235

About V.A.T.:
- L’Imposta sul Valore Aggiunto sulle operazioni transnazionali, Maria Grazia Ortoleva, Quiedit, 2013

Examination Methods

The exam – which aim is to evaluate the learning progress regarding basic law notions, the student's capability to use proper legal jargon, to link the different legal institutions and to understand their reason – will take place according to procedures here described.
A) Students who intend to make use of the possibility to take the intermediate exam "a voto parziale" have to take two exam.
Firstly they will take the test "a voto parziale", which will cover the first half of the topic covered during the course (sources, interpretation of tributary norms, rights and duties of taxpayers, tax statements and payments obligation, rights and duties, acts withholding and tax replacements; Irpef and Ires) will consist of:
- a closed-response test (which will amount to 30% of final grade). The closed-response test is made of twelve questions: for each right answer one point is assigned, for each wrong answer 0.25 is subtracted, non-given answers are not worth any point. This exam lasts 20 min. In order to pass the exam (18/30) students have to reach a minimum score of 7/20.
- number two essay questions (worth 70% of final grade) aimed at evaluating students’ ability to make connections between different topics. This exam lasts 30 min.
The first part, that will last 50 minutes, will be considered passed if both subparts are passed.
The evaluation will be considered valid only for the first exam period after students' attendance.
This exam is opened to both attending and non-attending students.
The second part, which will related to the topics we dealt with in the second part of the course (VAT), is made up of two parts, a writing one (which will amount to 30% of final grade) and an oral one (which will amount to 70% of final grade).
The closed-response test is made of twelve questions: for each right answer one point is assigned, for each wrong answer 0.25 is subtracted, non-given answers are not worth any point. This exam lasts 20 min. In order to pass the exam (18/30) students have to reach a minimum score of 7/20.
The oral examination intends to test students' abilities in drawing connections between topics discussed during the course and to interpret and apply legal provisions.
The final grade is made up of the arithmetic weighted average of the two grades.

B) Students, that decide not to take the midterm or students who both haven’t reached the pass mark or have refused their grade, have to take an exam which is made up of two parts, a writing one (which will amount to 30% of final grade) and an oral one (which will amount to 70% of final grade).
The closed-response test is made of twenty-four questions: for each right answer one point is assigned, for each wrong answer 0.25 is subtracted, non-given answers are not worth any point. This exam lasts 35 min. In order to pass the exam (18/30) students have to reach a minimum score of 14/24.
The oral examination intends to test students' abilities in drawing connections between topics discussed during the course and to interpret and apply legal provisions.
The final grade is made up of the arithmetic weighted average of the two grades.