99186 - INTERNATIONAL TAXATION LAW

Learning outcomes

At the end of the module, students: - demonstrate knowledge and understanding of the national and international tax system, the principles of income taxation and VAT, the framework of tax litigation procedures, and the classification and taxation of financial instruments; - know how to critically analyze proposals about taxation reform, use factual data to determine the taxation regime of specific transactions, analyze data to distinguish critical flaws in Tax Authorities’ decisions, and participate in strategic decision-making and analysis about the choice of taxation regimes.

Course contents

The course aims at providing students with a comprehensive overview of the most relevant principles and rules that inform international and EU tax law, with particular reference to the taxation of multinational groups.

The course is divided into four parts. The first one deals specifically with the following topics:
1) General principles of tax law; 2) Structure if the tax obligation; 3) Tax and Constitutional law; 4)Taxonomy of the most relevant taxes owed by multinational groups; 5) Introduction to Corporate Income Taxes: taxable persons; subjective and objective connecting factors with the state tax system (residence - source); the relationship between accounting profit and taxable income: main rules for computing the taxable income; the taxation of income from corporate partecipations; group taxation.

The second part of the course focuses on the taxation of groups in the international context and analyses the following aspects:
1) International double taxation (juridical and economic) and the methods for its elimination; 2) Tax residence, permanent establishment and taxation based on the source of income; 3) Controlled foreign company (CFC) rules and taxation of income deriving from low-tax countries; 4) Transfer pricing rules; 5) International administrative cooperation in tax matters (briefly); 6) International tax disputes and their resolution (briefly).

The third part of the course aims at developing the topics introduced in the second part in the light of bilateral tax conventions and supranational (i.e. European Union) tax law, by analysing in particular:
1) The scope and the main rules provided for in bilateral tax conventions; 2) The model tax conventions developed by the OECD and the UN; 3) European Union primary law and its relevance on the taxation of multinational groups (fundamental freedoms; state aid rules); 4) EU directives on direct taxation that are most relevant for corporate groups.

The fourth part deals with selected topics of international tax law, namely:
1) Value Added Tax; 2) The Global Minimum Tax; 3) The taxation of M&A transactions in an international setting.

Readings/Bibliography

Materials provided by the Professor

Teaching methods

Lectures; interactive discussions; case studies

Assessment methods

The student's preparation is verified on the basis of written tests.
The assessment criteria are as follows:
1. Correctness of content
2. Completeness of answers
3. Clarity of exposition and command of vocabulary
4. Ability to apply the principles and rules tought during the course to concrete cases.
A mark below 18 is insufficient; between 18 and 23 sufficient; between 24 and 26 good, between 27 and 30 excellent. 30 cum laude is excellent.

Teaching tools

Materials provided and analysed during the lectures

Office hours

See the website of Paolo Arginelli