58869 - Tax Law II

Learning outcomes

The purpose of the course is to gain a deeper understanding of the importance of the tax law application in the management choices, to improve the knowledge of tax planning instruments and of the negotiable instruments misuse. At the end of the course, the student will be able to: - gain an overall insight of the legal framework in order to find the best solutions to the requirements of the Tax Administration; - provide consultancy on tax planning; - understand the regulations that apply to the national and international tax systems.

Course contents

Ires: general outline

Ires subject entities

Corporations, commercial and non-commercial organizations

Taxation of non-commercial organizations

The Associations

The Non Profit Organizations (ONLUS)

The cross-border and transnational system (the income of non-residents and the income of the resident)

The participation exemption

The loss carryforward

The effects of the international IAS/IFRS accounting standards on the tax system

The off-balance sheet transactions

The international VAT

The transparency tax

The national consolidation tax returns

General outline of extraordinary operations

The corporate transformations

The corporate merger

The corporate demerger

The corporate contributions

The corporate assignments

The voluntary winding up

The bankruptcy

The bankruptcy and closure agreement with creditors

The debt restructuring agreements

The settlement plans

The tax transaction

The municipal property tax (IMU)

The registration tax

The inheritance and gift tax

The local tax system

Readings/Bibliography

In addition to the updated text of the D.p.r. December 22nd 1986, n. 917 (either downloadable from the web or contained in any tax code text), the adopted textbook is

TESAURO Istituzioni del processo tributario, vol. 2, Special Part, Utet, Torino, latest edition available:

FIRST PART:

Chap.II, Sect.II, par.4,5,5.1 and 5.2

Chap.III, Sect.I, II (par.6, 6.1, 6.2, 9, 9.1, 9.2, 9.3, 14 only) III

Chap. V

SECOND PART:

Chap.VI (Sect.III only), VII, VIII

THIRD PART:

Chap.X

Teaching methods

Lectures and possibly exercises on some of the subjects of the program

Assessment methods

The student's evaluation will be based upon his/her answers to questions on the subjects of the program. Questions will be at the teacher's discretion.

Graduation grid of marks:

- 18-23: sufficient preparation and ability to analyze but relating to a limited number of topics covered in the course, use of an overall correct language;
- 24-27: technically adequate preparation but with some limits with respect to the topics covered, good operational skills, even if not particularly articulated, expressed in correct language;
- 28-30: very good knowledge of a large number of topics covered in the course, good operational and critical skills, high-level usage of specific terminology;
- 30L: excellent and very in-depth and exhaustive knowledge of the topics covered in the course, critical analysis and connection skills, very high-level usage of specific terminology.

Teaching tools

The teaching supporting instruments will be the updated text of the D.p.r. December 22nd 1986, n. 917 (Tuir), the texthooks suggested by the teacher, in addition to any other material the teacher will deem it useful to supply during the lessons.

Office hours

See the website of Filippo Cicognani