DOMESTIC AND INTERNATIONAL ENTERPRISE TAX LAW

CODE	59840
ACADEMIC YEAR	2024/2025
CREDITS	9 cfu anno AMMINISTRAZIONE, FINANZA E CONTROLLO 8706 (LM-77) - GENOVA 9 cfu anno 2 AMMINISTRAZIONE, FINANZA E CONTROLLO 8706 (LM-77) - GENOVA
SCIENTIFIC DISCIPLINARY SECTOR	IUS/12
LANGUAGE	Italian
TEACHING LOCATION	GENOVA
SEMESTER	2° Semester
TEACHING MATERIALS	AULAWEB

OVERVIEW

Domestic and International Enterprise Tax Law

Enterprise Tax Law occupies a central role in university teaching in many areas of study, from legal to economics and business. It represents a decisive factor in any business on a national and international scale. The constitutional duty to contribute to public expenses, on which it is based, belongs to every subject who is part of the state community.

AIMS AND CONTENT

LEARNING OUTCOMES

The course focuses on domestic, european and international enterprise taxation, included corporate reorganizations, for a career as a professional business tax advisor, corporate tax director or as a chief tax officer

AIMS AND LEARNING OUTCOMES

The main objectives of the course of Domestic and International Enterprise Tax Law are:

a specialized training of the student in areas of tax matters particularly relevant for access to the profession of chartered accountant and in general for the administrative activities of top management;
the development of the student's ability to legal reasoning

PREREQUISITES

Domestic and International Enterprise Tax Law is the only specialized legal course on taxation of the Master's Degree Courses of the Department of Economics.

Basically, it requires knowledge of the legal teachings of the three-year degree in Tax Law and Commercial Law, as well as the economics-business teaching of General Accounting. It is no coincidence that the teaching takes place in the second semester of the last year (2nd) of the master's degree course. Considering, in fact, the specialist knowledge in both legal and economic-business sectors in the field of enterprise financial statements, included extraordinary transactions, which characterize the master's degree in Economics (and in Administration, Finance and Control, in particular) - the teaching of Enterprise Tax Law is based on, and completes in terms of taxation, numerous teachings of the two-year master's degree: from the legal teachings of Enterprise Crisis Law and Business Reorganizations Law to those business economics of International Accounting Standards, Groups of companies and consolidated financial statements, M&A and corporate valuation.

TEACHING METHODS

Frontal teaching

Please refer to Aulaweb for any further updates that may become necessary during the academic year.

Students who have valid certification of physical or learning disabilities and who wish to discuss possible accommodations or other circumstances regarding lectures, coursework and exams, should speak both with the instructor and with Professor Serena Scotto (scotto@economia.unige.it), the Department’s disability liaison.

SYLLABUS/CONTENT

Domestic and International Enterprise Tax Law

Index:

A. Course 9 cfu – Syllabus

B. Course 9 cfu – Content

C. Course 6 cfu – Syllabus

D. Course 6 cfu - Content

A. Course 9 cfu - Syllabus

The 9 credits course of Domestic and International Enterprise Tax Law of the master's degree course in Administration, Finance and Control consists of two parts focused on the taxation of corporate income.

Part I (48 hours of frontal teaching over a total of 72) focuses on the rules of taxation of corporate income deriving, first of all, from International Law and European Union Law: a taxation, therefore, that affects the company operating in an international dimension or, at least, in the European market;

Part II (remaining 24 hours of frontal teaching) deals with the taxation of corporate income, both in a group context, having regard to tax consolidation, tax transparency, and tax business reorganizations in national contexts, as well as international (and European, in particular).

B. Course 9 cfu - Content

The content of the course 9 cfu is the following:

I parte

Enterprise Income Tax Rules deriving from International Law

Double Taxation Treaties on Income and Capital: Outline, Scope, Interpretation.
Business profits: the permanent establishment (material and personnel); the allocation of business profits to the permanent establishment: the allocation process; the limited force of attraction; the principles of the separate entity and free competition; the difference in tax bases in the two countries; the adjustment of the profits of the permanent establishment; the isolated treatment of individual income components; member companies and transfer pricing.
Income of a shipping company in international traffic; dividends, interest and royalties; real estate income and capital gains, fees and attendance fees; other income.
The company's assets.
Methods to eliminate double taxation.
The special rules of double taxation treaties: non-discrimination, mutual agreement procedure and arbitration, exchange of information, assistance in collection. Other international agreements.
The Multilateral Convention against Base Erosion and Profits shifting: Hybrids, Treaty Abuse, Abuse of Permanent Establishment Status; the resolution of disputes.

Enterprise Income Tax Rules deriving from European Law

The sources of European Union law; primacy; rules with direct effect.
The application of the free movement of goods, workers, primary and secondary right of establishment, services, capital and payments in tax matters.
The principle of non-discrimination in tax matters.
The prohibition of state aid.

Enterprise Income Tax Rules deriving from domestic Law

Income tax return and financial statements: the rules for companies adopting international and national accounting standards and for other entities. The mechanism of increasing and decreasing variations.
Loss carry-forward. Rules pertaining to temporal imputation. The assets related to the company and their cost. The prior recognition in the income statement and the inherence of negative components.
The positive and negative components of enterprise tax income.

II part

Taxation of the income of the group of companies: the national and global tax consolidations; the tax transparency.
The transfer of the enterprise and the transfer of the shares; the exchange of shares; the transformation of companies and the heterogeneous transformation; mergers and demergers; european and international business reorganizations ; outbound operations and impositions; inbound operations. Ordinary and judicial liquidation of the enterprise.

C. e D. Course 6 cfu - Syllabus and content

The 6 credits course of Domestic and International EnterpriseTax Law of the master's degree course in Administration, Finance and Control coincides with the first part of the 9 credits course, to which reference should be made.

RECOMMENDED READING/BIBLIOGRAPHY

The books for 9 credits course are:

Part I (6 credits)

1. Enterprise Tax Law with regard to international and european taxation:

with regard to international taxation and European directives: Tarigo P., Diritto internazionale tributario d’Impresa, Giappichelli, Torino, 2023 (except part in small print).

with regard to European Union's primary law: Pistone P., Diritto tributario europeo, Giappichelli, Torino, last edition, limited to a synthesis, aimed at understanding the general concepts of the first part, pp. 1-34; Part Two, Chapter 3 (Fundamental freedoms, principle of non-discrimination), p. 120-137, 152-212);

2.Diritto Tributario d’Impresa con riguardo alle regole generali ed alle regole dei singoli componenti di reddito:

Tarigo P., Diritto tributario d’Impresa, Giappichelli, Torino, in corso di pubblicazione (2025). Il testo è aggiornato con la riforma tributaria 23-24 e con la legge di bilancio 2025. Lo studente può escludere dallo studio le parti in carattere ridotto presenti nel testo; dal Cap. I al Cap. V incluso (Norme per particolari attività e incentivi fiscali per le imprese);

in caso di ritardo nella pubblicazione del volume suddetto, in alternativa lo studente può utilizzare il seguente testo, integrato per gli aggiornamenti legislativi con gli appunti delle lezioni: Salvini L. (a cura di), Diritto tributario delle attività economiche, Giappichelli, Torino, 2022, dal Cap. I al Cap. IV (L’imposta sul reddito delle persone fisiche) con esclusione, per il capitolo IV: del paragrafo 2 (La determinazione della base imponibile e dell’imposta IRPEF) e dei relativi sotto paragrafi; del paragrafo 3 (Il reddito di lavoro autonomo nell’IRPEF) e dei relativi sotto paragrafi

Parte II (corrispondente a 3 cfu)

Tarigo P., Diritto tributario d’Impresa, Giappichelli, Torino, in corso di pubblicazione (2025). Il testo è aggiornato con la riforma tributaria 23-24 e con la legge di bilancio 2025. Lo studente può escludere dallo studio le parti in carattere ridotto presenti nel testo; dal Cap. VI in poi;
in caso di ritardo nella pubblicazione del volume suddetto, in alternativa lo studente può utilizzare il seguente testo, integrato per gli aggiornamenti legislativi con gli appunti delle lezioni: Salvini L. (a cura di), Diritto tributario delle attività economiche, Giappichelli, Torino, 2022, esclusivamente: 1) Capitolo VII (Disciplina fiscale dei gruppi societari); 2) Capitolo IX (Operazioni straordinarie, liquidazione e fallimento nelle imposte sui redditi)

The books for 6 credits course are the same of the Part I of 9 credits course

TEACHERS AND EXAM BOARD

PAOLA TARIGO

Ricevimento: The meeting of the professor with students will be held in the classroom at the end of each lesson of the pertinent semester.

Exam Board

PAOLA TARIGO (President)

GIULIA BIASCI

REMO DOMINICI

LESSONS

LESSONS START

II semester

Class schedule

DOMESTIC AND INTERNATIONAL ENTERPRISE TAX LAW

EXAMS

EXAM DESCRIPTION

ENTERPRISE TAX LAW INTERNATIONAL AND NATIONAL

9 credits exam

The 9 credits Enterprise Tax Law exam consists of two separate tests according the rules indicated below.

A first test focuses on the first part of the program and is in written form, with 6 questions. The student has 60 minutes for this test.

The other test, having passed the first test, focuses on the second part of the program and is always in written form, with 6 questions. Also for this test the student has 60 minutes available.

It’s possible to have the second test in the same session as the first test. However, in this case, the negative outcome of the first test precludes the correction of the second test (i.e., the latter will not be evaluated, as if it had not been taken).

Students who intend to take both written tests in the same session must give prior written notice to the teacher.

The questions of each written test are 6 in number and the single test lasts 60 minutes.

In case of negative result, the test can be repeated in the next session (except in cases of seriously insufficient preparation, a sole discretion of the teacher).

Exam templates and other information are visible by “aula web”.

The overall grade is weighted: the first test takes on a greater "weight" than the second test.

This reflects the different weight of the content of each of the two parts of the program.

Therefore, the final grade is given by the sum of the two marks multiplied by their respective weights. The weight of the grade of the first test is 0.67 while the weight of the grade of the second test is 0.33. Decimal numbers thus obtained shall be rounded up to the unit if the decimal is greater than 0.5 and down if it is less than or equal to 0.5.

Example: 6 cfu test grade 28; 3 CFU test grade 20.

According to the above rule: (28 x 0.67) + (20 x 0.33) = 18.76 + 6.6 = 25.36 rounded to 25.

With the result 25.5, the rounding is 25; with the result 25.6, the rounding would increase to 26.

6 credits exam

The 6 credits Enterprise Tax Law exam exam consists of one test, in written form.

There are 6 questions in the written test and the test lasts 60 minutes.

In case of negative result, the test can be repeated in the next session (except in cases of seriously insufficient preparation, a sole discretion of the teacher).

Exam templates and other information are visible by “aula web”.

Exam schedule

Data appello	Orario	Luogo	Degree type
19/12/2024	11:00	GENOVA	Scritto
09/01/2025	11:00	GENOVA	Scritto
24/01/2025	11:00	GENOVA	Scritto
20/06/2025	11:00	GENOVA	Scritto
04/07/2025	11:00	GENOVA	Scritto
18/07/2025	11:00	GENOVA	Scritto
11/09/2025	11:00	GENOVA	Scritto