Student guide Facoltā di Economia A.A. 2009/10

Tax Law
Lecturers
MISCALI MARIO
ZIZZO GIUSEPPE
CERRATO MARCO
CACCIAPUOTI EMIDIO
Aim of the course
The course deals with fundamental principles and legal institutes of tax law which inform most of the national tax systems. The aim is to give to the students some basic notions about the principal taxes which interest commercial and business activities, as to provide them with the capacity to orientate themselves into the common rules that govern the matter.
After a first part dedicated to the general principles of tax law, the course will attend to specific issues of the income taxes and the value-added tax. In the field of direct taxation, particular attention will be given to the analysis of the rules for the determination of business income and its relation with investment income.
The last part of the course will be dedicated to the administrative and procedural aspects of tax law.

Syllabus
General principles
1.    Rule of law
2.    Principle of equality
3.    Principle of fair play or public trust in tax administration
4.    Principle of proportionality and ability to pay
5.    Principle of non retroactivity
6.    Division of tax powers between the central and local governments: the principle of competence
7.    Charters of taxpayer rights
8.    International agreements
 
Income Taxes
1.    General issues
2.    Taxable income
3.    Tax relief for personal expenses
4.    Timing issues
5.    The taxpayer (individuals and legal entities)
6.    Defining residence
7.    Economic and juridical double taxation
8.    Relief mechanisms:
8.1.      Deduction
8.2.      Exemption
8.3.      Credit
 
Taxation of income from business and investment
1.    Business income
2.    Investment income
3.    Issues of tax accounting
 
Value-Added Tax
1.    Taxable persons
2.    Supplies of goods and services (taxable and exempt)
3.    Taxable value of supplies
 
Tax Administration and Procedure
1.    Regulations and rulings
2.    Returns and record keeping
3.    Audits and investigations
4.    Dispute settlement
5.    Recovery
6.    Taxpayer rights
 
Eu Tax Law
1.    Sources of EU law: primacy and direct effect
2.    EU primary law (non discrimination principle and fundamental freedoms)
3.    EU secondary law
4.    Proposed measures for an EU company taxation

Examinations
The exam will take place in an oral form at the end of the course.
 
Reading list
Thuronyi, Tax law design and drafting, Kluwer law international, last edition.