The aim of such course is to provide the
participant with high level introduction to general principles of tax law and
to the main issues related to drafting and interpreting tax rules. It swill be
mainly focused on income tax law both for individuals and corporate entities.
Relevance will be given also to international tax issues and some comparative
analysis.
Participant 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.
Participation to classes is strongly
recommended.
Introduction
to Constitutional Principles
The concept of tax and legal process for
drafting tax laws
Definition
of taxable income
a. categories
of income
b. taxation
of benefit in kind
c. payment
for damages
Tax
avoidance
a. definition
b. substance
over form
c. the
concept of abuse of law
Tax
Deduction and Tax Credits
a. business
expenses
b. capital
expenditure
c. depreciation
f. typology
of losses
h. personal
expenses
Definition
of tax payer
a. individual
or family group
b. anti-assignment
of income rules
Selected
International tax issues
a. global
taxation vs territoriality
b. definition
of tax residence
c. outbound
transactions
d. inbound
transactions
Accounting
for taxes and timing issues
a. taxable
period vs accounting period
b. cash
vs accrual
c. Net
operating losses
Taxation
of capital gain or losses
a. definition
of capital gain/losses
b. tax
values
c. realization
vs. recognition
d. ordinary
income vs separate income
c. participation
exemption
Business
tax issues
a. definition
of taxpayer for business income purposes
b. corporate
entities and transparent entities
c. definition
of corporate residence for tax purposes
d. taxable
income and tax rated for business
f. Integration
between corporation and shareholder.
Review
of some selected issues
Compulsory reading:
Reuven S. Avi-Yonah, Nicola Sartori and
Omri Marian, Global Perspectives on
Income Taxation, OXFORD University Press, 2011.
Suggested reading:
Victor Thuronyi, Tax Law and Drafting,
International Monetary Fund, 1998.
Brian J.Arnold, Michael J. McIntyre,
International Tax Primer, Kluwer Law International, 1995.