00239 - Tax Law

Learning outcomes

Assuming a background in fundamental concepts, the course aims to provide the basis for the study of direct and indirect taxation related to individuals, with a particular focus on businesses. At the end of the course, the student will: (a) know and be able to apply the general principles of the tax system; (b) know and interpret the tax laws influencing the drafting of financial statements; (c) know the implementation provisions that regulate the relationship between tax authorities and taxpayers.

Course contents

GENERAL PART

Taxes and the concept of tax law

The principle of the legality of taxation (art. 23 of the Italian Constitution) and the sources of tax law

Regulatory power in tax matters, tax law and deeds having the force of law.

Interpretation and integration of tax law

Constitutional principles of tax law

The ability-to-pay and progressive tax principle

Supranational principles

(EU rules, the Nice Charter, the ECHR, international treaties)

Tax obligation (tax assumption, taxable event, tax base, tax rate, exemptions and concessions, tax credits)

Taxable subjects (taxpayer, tax residence and domicile)

Liability to tax

Joint responsibility to tax and internal relations between co-debtors

Substitution and withholding taxes

Tax shifting and recovery and tax burden agreements

Successors of natural persons

Dissolved companies

TAXES

I) Personal income tax (IRPEF):

Features of IRPEF

Concept of income for IRPEF purposes

Tax assumption and subjects liable to tax

The tax base (tax deductions, tax brackets and gross tax, deductibles from gross tax, net tax due and tax payments)

Income subject to separate taxation

Property income

Capital income

Income from employment

Income from self-employment

Business income

The principle of derivation and the rules for determining corporate income (articles 83/111 of the Italian Income Tax Consolidated Law - TUIR)

Different incomes

II) Value added tax (VAT)

The structure of VAT (origin, neutrality, VAT assumption,

taxation moment, territoriality, exemptions, tax base, tax brackets

rates, compensation rights, deduction rights)

The application of VAT (general formal obligations, VAT number, invoices and registers, reverse charge, change notes, business volume, minor and lump sum taxpayers, split payment, payments, surpluses and refunds, the annual return and options, presumptions of purchase and sale, reimbursement of VAT not due)

DYNAMICS OF TAXATION

The tax return

Administrative activity (the power of taxation, the Italian Taxpayer Statute, adversarial procedure, tax rulings. self-defence, the Italian taxpayer's Authority)

Investigative powers

Tax assessment notice and tax assessment methods

The assessment notice: content, terms, notification, flaws, and annulment

Tax avoidance and prohibition of abuse of tax law

Tax collection

Refunds

Sanctions

Administrative sanctions

Criminal sanctions

The tax process (outline)

Readings/Bibliography

Required reading for the study of the programme’s topics:

TESAURO, Istituzioni di diritto tributario vol. 1 - Parte generale, Utet, Torino, latest edition

TESAURO, Istituzioni di diritto tributario vol. 2 - Parte speciale, Utet, Torino, latest edition

In addition, the essential regulations, collected in:

LOGOZZO, Codice tributario 2023, Pacini Giuridica, Pisa 2023

The recommended text for further reading and additional information is:

MELIS, Manuale di diritto tributario, third edition, Giappichelli editore, Torino 2023

Teaching methods

Frontal lessons

N.B. The choice of in-class attendance may be subject to change (e.g. distance or blended lessons) should this be required to adapt to emergency health situations

Assessment methods

The quality and depth of the student’s learning and knowledge of the topics (level of understanding, reasoning ability, interest shown in the subject etc.) and achievement of the course objectives will be verified with an oral exam. After assessment, the candidate will be graded using a score between one and thirty. Assessment is at the sole discretion of the examiner, where thirty is the maximum score and eighteen is the minimum grade to pass the exam.

Those attending classes may divide the examination of the course contents into two parts:

- Part 1, at the end of the first cycle of lessons, on the “General part” and “I. Taxes” as listed in the syllabus above.

- Part 2, at the end of the course lessons, on “The dynamics of taxation”, as shown in the syllabus above.

In this case, the final mark assigned after completion of the second part of the exam will be calculated as the average of the marks obtained in the two parts of the exam. Students who do not pass Part 1 will be able to take the exam on the entire programme indicated above in subsequent exam sessions.

Students will enrol for the exam sessions (complete programme/parts 1 or 2) when they are published by the administrative structures as established by the academic calendar. Enrolment in a session is open until the day before the exam. University and Campus regulations apply.

The exam will be oral.

The student will be evaluated based on the answers provided to the questions related to the course syllabus and formulated at the discretion of the examiner.

The evaluation to assign the final mark will adhere to the following criteria:

18-23: sufficient preparation and analytical skills but related to a limited number of topics covered in the course, overall correct use of language;

24-27: technically adequate preparation but with some limitations concerning the topics covered, good analytical skills though not particularly well developed, expressed with appropriate wording;

28-30: excellent knowledge of a large number of topics covered in the course, good analytical and critical skills, mastery of specific terminology;

30L: excellent and in-depth and exhaustive knowledge of the topics addressed during the course, critical analysis and connection skills, mastery of specific terminology.

N.B. The method of examination may vary (in-person, online, etc.) if affected by changes necessary or appropriate to adapt to emergency health situations.

Teaching tools

Slides, seminars, exercises, handouts, other materials chosen by the lecturer

Office hours

See the website of Filippo Cicognani