63621 - INTERNATIONAL TAX LAW

Learning outcomes

The course aims at providing students with a comprehensive overview of the most relevant principles and rules that inform international and EU tax law, with particular reference to the taxation of multinational groups. The course is divided into four parts. The first one deals specifically with the following topics: 1) General principles of tax law; 2) Structure if the tax obligation; 3) Tax and Constitutional law; 4)Taxonomy of the most relevant taxes owed by multinational groups; 5) Introduction to Corporate Income Taxes: taxable persons; subjective and objective connecting factors with the state tax system (residence - source); the relationship between accounting profit and taxable income: main rules for computing the taxable income; the taxation of income from corporate partecipations; group taxation. The second part of the course focuses on the taxation of groups in the international context and analyses the following aspects: 1) International double taxation (juridical and economic) and the methods for its elimination; 2) Tax residence, permanent establishment and taxation based on the source of income; 3) Controlled foreign company (CFC) rules and taxation of income deriving from low-tax countries; 4) Transfer pricing rules; 5) International administrative cooperation in tax matters (briefly); 6) International tax disputes and their resolution (briefly). The third part of the course aims at developing the topics introduced in the second part in the light of bilateral tax conventions and supranational (i.e. European Union) tax law, by analysing in particular: 1) The scope and the main rules provided for in bilateral tax conventions; 2) The model tax conventions developed by the OECD and the UN; 3) European Union primary law and its relevance on the taxation of multinational groups (fundamental freedoms; state aid rules); 4) EU directives on direct taxation that are most relevant for corporate groups. The fourth part deals with selected topics of international tax law, namely: 1) Value Added Tax; 2) The Global Minimum Tax; 3) The taxation of M&A transactions in an international setting.

Course contents

International taxation: sources and instruments

The OECD model

permanent estabishment

dividends

royalties

pensions

Criteria to avoid double taxation

Teaching tools

Will be provided slides of the course

Office hours

See the website of Andrea Carinci