Teaching code

4S00411

Teacher

Paolo Stizza

Coordinator

Paolo Stizza

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

The course aims to provide students with a basic knowledge of relevant constitutional principles in the national tax system, on the rights and obligations of the taxpayer, on direct taxes (income tax and IRES) and VAT, both from the European and national perspective.

Program

PRESENTATION OF THE COURSE

The course includes 48 hours of lectures.
The program is divided into 2 parts.
In the first part of the course the following topics will be examined: the sources; the interpretation of tax laws; rights and duties of the taxpayer (tax return and payment obligations); the right/duty to apply withholding taxes and third-party withholding tax scheme; personal income tax (Irpef).
The second part of the course will be oriented to the study of corporate income tax (Ires) and Value Added Tax (VAT).
In addition to the coursebook, the student shall prove knowledge and ability to comment the relevant provisions of the Italian Constitution for tax purposes, the key provisions of the Statute of taxpayers' rights (l. N. 212 of 2000), the Consolidated Income Tax Code, the Presidential Decree n. 600 of 1973, the Presidential Decree n. 633 of 1972 and the Directive no. 2006/112 / EC. It is therefore recommended, throughout the study, a steady consultation of the texts available on the website: https://def.finanze.it/DocTribFrontend/RS2_HomePage.jsp

ANALYTICAL CONTENTS

PART ONE

- Concept and classification of charges
- Sources, interpretation of tax laws, tax avoidance and abuse of rights
- Legal structure of charges
- The rights and duties of the taxpayer: tax return and payment obligations
- Accounting requirements
- The right/duty to apply withholding taxes and third-party withholding tax scheme
- The right / duty to offset
- Personal income tax: evolution in the rules; General principles and income categories


PART TWO

- The regulation of business income
- Corporate income tax: the regime for commercial entities, non-commercial entities and non-resident entities; corporate groups
- VAT
- The prerequisite of VAT and "ratios" of the ability to pay it affected
- The transactions relevant for VAT purposes: supply of goods and provision of services
- Subjective condition: the pursuit of undertakings, trades and professions
- Territorially of the relevant transaction
- The moment when the relevant transaction has taken place and the tax is chargeable
- Disposals to non-EU States
- Imports
- The intra-Community transactions
- Exempted transactions
- Right / duty to offset
- Right to deduct VAT on purchases.

BOOKS
A. Contrino, E. della Valle, E. Marello, A. Marcheselli, G. Marini, S. M. Messina, M. Trivellin, Fondamenti di diritto tributario, Cedam, Padova, 2020, pp. 1-55,67-160,172-216,243-249 (escluso par. 11), 265-318, 387-395 (escluso par. 6).

S. LA ROSA, Principi di diritto tributario, Giappichelli, Torino, 2020, pp. 1 – 116, 139 – 174, 201 –236.

For further information see: M.G. ORTOLEVA, L'Imposta sul Valore Aggiunto sulle operazioni transnazionali, Quiedit, 2013.

Examination Methods

EXAMS:
The exam - whose aim is to assess the knowledge of the basic legal concepts of the discipline, the ability to use a technical-legal language appropriate to link the various regulatory schemes as well as to understand The ratio - takes place as described below.

EXAM BY MID-WRITTEN TEST "WITH PARTIAL MARK"
For students (attending and not-attending) who want to take the intermediate exam "with partial mark", the same consists of two written examinations.
The first, concerning the topics covered in the first part of the course shall consist of:
• a total of two open-ended questions aimed at assessing the ability of the student to use a proper technical and legal language, and the ability to develop reasoned solutions based on the link between the different schemes. Duration 30 minutes.
The mark of this test shall be valid only for the first examination period (two exam sessions) at the end of the lectures.
The second, concerning the topics covered in the second part of the course shall consist of:
• a total of two open-ended questions aimed at assessing the ability of the student to use a proper technical and legal language, and the ability to develop reasoned solutions based on the link between the different schemes. Duration 30 minutes.
The exam is passed with at least the minimum mark achieved in both tests. The final grade consists of the simple arithmetic mean of the two marks obtained in the two written examinations (rounded down).
It does not affect the possibility for the student to take the oral test ("supplementary oral test") over the entire program in order to improve the final overall mark. In this case, the student must inform professor within 5 days from the date of publication of the final outcome of the written examination.


"GLOBAL" EXAM
Students who decide not to take the intermediate exam and the Students who do not overcome such mid-term test shall take the oral examination on the whole program.