L14700 International Tax Law

Scuola di Diritto
Syllabus
Academic Year 2017/18 First Semester

foto
Docente TitolareMarco Cerrato
E-mailmcerrato@liuc.it
Office"Torre" (main tower), 3rd floor
Phone0331 572370

Learning Objectives

This course is designed to provide the full understanding of the main principles and methodologies to allocate taxing rights at international level.

Learning targets

At the end of the course students will have knowledge of the international tax rules aimed at preventing double taxation on international business and cross border transactions and of the trends for combatting international tax evasion and frauds.

Course Content

The course will be held mainly by prof. Marco Cerrato. Prof. Zizzo will give a lecture on Abuse of Law in the International tax context. Experienced professional from Studio Tributario e Societario - Deloitte will provide case studies on Abuse of Law and Tax Avoidance and hold a workshop focusing on Mutual Agreement Procedures.

The main part of the course is focused on the allocation rules designed by double tax conventions in order to prevent international double taxation. Attention will be paid to the role of the OECD and other international organizations in providing instruments (Model tax conventions and Commentary) aimed at preventing international double taxation. In particular, through a detailed analysis of the main items of income governed by the OECD Model Convention, the students will be dealing with the general principles of tax allocation rights. In respect to each item of income, the analysis shall start with the relevant definition and it will be concluded with some practical examples, which are intended to complete the learning path with the review of some case laws or administrative practices.

The course will also address the efforts to counteract tax avoidance, evasion and tax frauds at international level through a series of actions aimed at preventing base erosion and profit shifting (BEPS).

Course Delivery

The course will run under both seminar and workshop format, which requires active students’ involvement.

Participants to the classes will be supported in the analysis above through the discussion of jurisprudence and administrative cases, as well as by other practical cases and related materials.

Participation to classes is strongly recommended.

Course Evaluation

All students should pass an oral exam. For those students attending classes, grade will duly take into consideration class participation (20%).

Syllabus

Session 1
19/09/2017
Time: 09:00
Hours of lesson: 2
Instructor: M. Cerrato

Topics:

International Double Taxation and General Introduction to Tax Treaty Provisions

  1. Worldwide vs Territoriality Principles. Structure of the OECD MC
  2. The OECD Commentary
  3. Introduction to the UN MODEL and main differences with the OECD approach
  4. Introduction to allocation rules and to methods for eliminating double taxation

Readings:

Session 2
26/09/2017
Time: 09:00
Hours of lesson: 2
Instructor: M. Cerrato

Topics:

The concept of residence

  1. Residence of individuals
  2. Residence of companies

Readings:

Session 3
29/09/2017
Time: 09:00
Hours of lesson: 2
Instructor: M. Cerrato

Topics:

The concept of residence

Case studies

Readings:

Session 4
03/10/2017
Time: 09:00
Hours of lesson: 2
Instructor: M. Cerrato

Topics:

Permanent establishments

“Material” permanent establishment

Readings:

Session 5
06/10/2017
Time: 09:00
Hours of lesson: 2
Instructor: M. Cerrato

Topics:

Permanent establishments

“Agency” permanent establishment

Readings:

Session 6
10/10/2017
Time: 09:00
Hours of lesson: 2
Instructor: M. Cerrato

Topics:

Permanent establishments

Case studies: group companies, Philip Morris Jurisprudence, BEPs, digital economy

Readings:

Session 7
17/10/2017
Time: 09:00
Hours of lesson: 2
Instructor: M. Cerrato

Topics:

Transfer pricing and attribution of income to Permanent establishments

Art. 7 and 11 OECD Model

Readings:

Session 8
20/10/2017
Time: 09:00
Hours of lesson: 2
Instructor: M. Cerrato

Topics:

Investment Income

Arts. 10 – 11 -12 OECD Model

Readings:

Session 9
24/10/2017
Time: 09:00
Hours of lesson: 2
Instructor: M. Cerrato

Topics:

Investment Income

Parent/Subsidiary Directive. Interest and Royalties Directive. Beneficial ownership

Readings:

Session 10
27/10/2017
Time: 09:00
Hours of lesson: 2
Instructor: M. Cerrato

Topics:

Investment Income and Shipping

  1. Definition of capital gains
  2. Tax values and tax deferral
  3. Art. 13 OECD MC
  4. Participation Exemption
  5. Shipping, inland waterways transport and air transport (Art. 8)

Readings:

Session 11
31/10/2017
Time: 09:00
Hours of lesson: 2
Instructor: M. Cerrato

Topics:

Employment Income

Art. 15 – 16 – 18- 19 -20 OECD MC

Readings:

Session 12
14/11/2017
Time: 09:00
Hours of lesson: 2
Instructor: M. Cerrato

Topics:

Income from Immovable Property and Other Income

  1. The Situs Principle (Art. 6 OECD MC)
  2. Art. 21 OECD MC

Readings:

Session 13
17/11/2017
Time: 09:00
Hours of lesson: 2
Instructor: M. Cerrato

Topics:

Relief from Double Taxation

  1. Exemption (Art 23 A OECD MC)
  2. Credit (Art. 23 B OECD MC)

Readings:

Session 14
21/11/2017
Time: 09:00
Hours of lesson: 2
Instructor: G. Zizzo

Topics:

Abuse of Law and Tax Treaty abuse

  1. Abuse of Law
  2. Treaty shopping
  3. BEPs

Readings:

Session 15
28/11/2017
Time: 09:00
Hours of lesson: 2
Instructor: Studio Deloitte

Topics:

Abuse of Law and Tax Treaty abuse

Case studies

Readings:

Session 16
01/12/2017
Time: 09:00
Hours of lesson: 2
Instructor: Studio Deloitte

Topics:

Mutual Agreement Procedures

Art. 25 OECD MC

Readings:

Session 17
12/12/2017
Time: 09:00
Hours of lesson: 2
Instructor: Studio Deloitte

Topics:

Mutual Agreement Procedures

Case studies

Readings:

Session 18
15/12/2017
Time: 09:00
Hours of lesson: 2
Instructor: M. Cerrato

Topics:

Exchange of information and assistance in the collection of taxes

Arts 26 – 27 OECD MC

Readings:


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