L12425 International Tax Law

Scuola di Diritto
Syllabus
Academic Year 2016/17 First Semester

foto
Docente TitolareGiuseppe Zizzo
E-mailgzizzo@liuc.it
Office"Torre" (main tower), 3rd floor
Phone0331 572370

Learning Objectives

This course aims at providing the students with the same general level of understanding on domestic and international tax issues.

Generally speaking, the course does not intend to provide students with notional knowledge but rather with 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 be able:

  1. to identify the main peculiarities of the tax system;
  2. to select the main items of income and identify the related tax regime;
  3. to make an assessment on the general tax allocation right at international level and related financial and economics consequences.

Course Content

The course shall start with an overview of the sources of international tax law and an analysis of the structure of the OECD Model Convention outlining the main objectives, the relevance of the OECD Commentary to the Model and a comparison with the United Nation Model Convention.

Thereafter, 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. One specific session will be dedicated to methodologies for the avoidance of double taxation.

The final section of the course will include an analysis of principles of EU taxation in the income tax area.

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
Hours of lesson: 0
Instructor: G. Zizzo

Topics:

Sources of International tax law

  1. Worldwide vs Territoriality
  2. The concept of tax residence (Individuals and legal entities)

Readings:

Session 2
Hours of lesson: 0
Instructor: G. Zizzo

Topics:

General Introduction to Tax Treaty Provisions – The OECD Model Convention

  1. Structure of the OECD MC
  2. The OECD Commentary
  3. Introduction to the UN MODEL and main differences with the OECD approach

Readings:

Session 3
Hours of lesson: 0
Instructor: G. Zizzo

Topics:

Business Profits

  1. Art. 7 of the OECD MC
  2. The Arm’s length Principle

Readings:

Session 4
Hours of lesson: 0
Instructor: G. Zizzo

Topics:

Business Profits

  1. Definition of Permanent Establishment
  2. Relevant Court Cases

Readings:

Session 5
Hours of lesson: 0
Instructor: G. Zizzo

Topics:

Investment Income

  1. Definition of Dividends and Interest payments
  2. Hibryd instruments
  3. Royalty payments

Readings:

Session 6
Hours of lesson: 0
Instructor: G. Zizzo

Topics:

Investment Income

  1. Arts. 10 – 11 -12 OECD Model
  2. Triangular cases

Readings:

Session 7
Hours of lesson: 0
Instructor: G. Zizzo

Topics:

Investment Income

  1. Definition of capital gains
  2. Tax values and tax deferral
  3. Art. 13 OECD MC
  4. Participation Exemption

Readings:

Session 8
Hours of lesson: 0
Instructor: G. Zizzo

Topics:

Employment Income

  1. Definition of employment income
  2. Taxation of Fringe Benefit
  3. Art. 15 OECD MC

Readings:

Session 9
Hours of lesson: 0
Instructor: G. Zizzo

Topics:

Employment Income

  1. Director Fees (Art. 16 OECD MC)
  2. Pensions (Art. 18 OECD MC)

Readings:

Session 10
Hours of lesson: 0
Instructor: G. Zizzo

Topics:

Income from Immovable Property and Other Income

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

Readings:

Session 11
Hours of lesson: 0
Instructor: G. Zizzo

Topics:

Relief from Double Taxation

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

Readings:

Session 12
Hours of lesson: 0
Instructor: G. Zizzo

Topics:

Income taxation and EU Law

  1. Fundamental freedoms and income taxation
  2. EU Directives in the area of income tax

Readings:


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