CODE 63725 ACADEMIC YEAR 2022/2023 CREDITS 9 cfu anno 3 ECONOMIA AZIENDALE 8697 (L-18) - GENOVA 6 cfu anno ECONOMIA DELLE AZIENDE MARITTIME, LOGISTICA E TRASP. 8698 (L-18) - GENOVA 6 cfu anno ECONOMIA E COMMERCIO 8699 (L-33) - GENOVA 6 cfu anno ECONOMIA AZIENDALE 8697 (L-18) - GENOVA SCIENTIFIC DISCIPLINARY SECTOR IUS/12 LANGUAGE Italian TEACHING LOCATION GENOVA SEMESTER 1° Semester PREREQUISITES Propedeuticità in ingresso Per sostenere l'esame di questo insegnamento è necessario aver sostenuto i seguenti esami: Business Administration 8697 (coorte 2020/2021) INSTITUTES IN PRIVATE LAW 41135 A INSTITUTES IN PRIVATE LAW 41135 B INSTITUTES IN PRIVATE LAW 41135 C INSTITUTES IN PRIVATE LAW 41135 D PUBLIC LAW 66707 A PUBLIC LAW 66707 B PUBLIC LAW 66707 C PUBLIC LAW 66707 D TEACHING MATERIALS AULAWEB OVERVIEW Course description The course focuses on: direct and indirect taxation of the Italian system AIMS AND CONTENT LEARNING OUTCOMES The course is designed to provide an overview of the general problems of the discipline and the fundamental features of the Italian tax system. AIMS AND LEARNING OUTCOMES TAX LAW In order to meet the growing demand for professionalism in a field, such as the tax one, which is a priority in any economic sector and, at the same time, to raise awareness of civic education in line with constitutional principles, as a cultural background of the "right" taxpayer , the Course of Tax Law with 9 credits aims at training focused on the fundamental principles and issues underlying the direct and indirect taxation of the Italian tax system, with particular attention to what is the "right" tax, the "right" administrative procedure for the tax assessment of the taxpayer and, finally, the "right" trial. In the 6-credit course, compared to the 9-credit course, only the Tax Trial is excluded (which can be taken up, if necessary, in an ad hoc specialized Course of the master's degree. PREREQUISITES TAX LAW It is not a coincidence that the Course in Tax Law is placed in the third year of the Bachelor's Degree in the Department of Economics of Genoa. It presupposes, in fact, the knowledge of the various legal disciplinary areas that are a typical subject of study of the first and second year of that Degree: not only the Private Law and the Public Law, but also the Commercial Law and the Company Law: without the knowledge of them, in fact, many institutions of Tax Law are not fully understandable. Employment Law is also a course whose study must precede that of Tax Law, since the taxation of the employment relationship presupposes knowledge of that relationship. Due to its characteristics, in short, Tax Law is located downstream of these legal disciplinary areas. Particularly for the study of Tax Law in the Department of Economics, due to the specialized competence required in the economic-business field and in particular of the balance sheet, it is also necessary the knowledge of some economic subjects, as Business Economics ("Economia Aziendale") of the first year and General Accounting ("Ragioneria Generale") of the second year: again, the income and capital taxation of the enterprise would be incomprehensible without a good knowledge of these economic areas. SYLLABUS/CONTENT TAX LAW Index A. Course 9 credits ("cfu") – Programme B. Course 9 credits ("cfu") – Content C. Course 6 credits ("cfu") – Programme D. Course 6 credits ("cfu") - Content A. Course 9 credits ("cfu") - Programme The Course in Tax Law of 9 credits consists of two Parts: Part I, corresponding to 6 credits, essentially covers what is the standard program of tax law courses. It brings together both the so-called general part and the special part. However, these parts are simplified and summarised in their basic lines: less technical rules, more regarding general principles and rules. Part II, corresponding to 3 credits, concerns the Tax Trial. Part I occupies 48 hours of frontal teaching, out of a total of 72 hours. So, it's equal to 2/3 of the course. Part II occupies the others 24 hours (1/3 of the course). B. Course 9 credits ("cfu") - Content The content of the Course in Tax Law of 9 credits is the follow: Part I Within the first part, a first section, of a general nature, contains a "tax grammar", the sources of tax law, its constitutional and supranational principles, as well as the structure of the legal tax relationship (i.e., the fiscal obligation and the taxable persons); a second section, of a special nature, concerns the main Italian taxes, with exclusive regard to the relative tax rules (substantive rules): income taxes, that is, Irpef and Ires (understood in their general aspects and in the individual categories of income); Irap, VAT and finally taxes on transfers (registration tax, inheritance and donation tax, with some mention of mortgage and cadastral taxes); finally, albeit briefly, other state taxes and regional and municipal taxes; a third section, again of a general nature, deals with the models for implementing the tax levy by the tax authorities: from the penetrating powers and multifaceted control methods of the Revenue Agency and the ""Guardia di Finanza", to the activities and acts of tax assessment, to the sanctioning activity with the study of relevant institutes of specific law (unusual for the Department of Economics), including tax criminal cases (with a sanction constituted by the imprisonment of the taxpayer), to conclude with the collection of taxes, including precautionary measures and conservative to guarantee the tax, as well as forced execution on the assets of the taxpayer and third parties. Part II This part is dedicated to the study of the Tax Process: as stated, this is an area of matter - procedural - which represents a unicum in the Department of Economics and which lays the foundations for a completion of the legal content training of graduates in Economics useful in various highly qualified professional fields (also, as taxpayers). The judicial procedure constitutes, in fact, the epilogue (if any) of the taxpayer-tax relationship. C. Course 6 credits ("cfu") - Programme The 6-credits Course in Tax Law is identical to Part I of the 9-credits Course. This 6-credits Course essentially covers what is the standard program of tax law courses. Compared to the academic years prior to 2021-2022, it brings together both the so-called general part and the special part. However, these parts are simplified and summarised in their basic lines: less technical rules, more regarding general principles and rules.. The 6-credits Course in Tax Law occupies 48 hours of frontal teaching. The lessons are held together with those of the 9-credits Course (limited to the first 48 hours of the latter). D. Course 6 credits ("cfu") - Content The content of 6-credits Course in Tax Law is the follow: Within the first part, a first section, of a general nature, contains a "tax grammar", the sources of tax law, its constitutional and supranational principles, as well as the structure of the legal tax relationship (i.e., the fiscal obligation and the taxable persons); a second section, of a special nature, concerns the main Italian taxes, with exclusive regard to the relative tax rules (substantive rules): income taxes, that is, Irpef and Ires (understood in their general aspects and in the individual categories of income); Irap, VAT and finally taxes on transfers (registration tax, inheritance and donation tax, with some mention of mortgage and cadastral taxes); finally, albeit briefly, other state taxes and regional and municipal taxes; a third section, again of a general nature, deals with the models for implementing the tax levy by the tax authorities: from the penetrating powers and multifaceted control methods of the Revenue Agency and the ""Guardia di Finanza", to the activities and acts of tax assessment, to the sanctioning activity with the study of relevant institutes of specific law (unusual for the Department of Economics), including tax criminal cases (with a sanction constituted by the imprisonment of the taxpayer), to conclude with the collection of taxes, including precautionary measures and conservative to guarantee the tax, as well as forced execution on the assets of the taxpayer and third parties. RECOMMENDED READING/BIBLIOGRAPHY Tax law - 9 cfu Lessons and textbook are in Italian. Italian Textbook: The students may prepare for the exam (Part I and Part II) with this textbook: A. Carinci – T. Tassani, Manuale di Diritto Tributario, Giappichelli, Torino, 2022. Foreign Textbooks: For students in international mobility (Erasmus, etc.) the professor may authorize, instead of the mentioned italian book, an English or French test, but only in International Tax Law (so, with a different content). Tax law - 6 cfu The students may prepare for the exam with this textbook: A. Carinci – T. Tassani, Manuale di Diritto Tributario, Giappichelli, Torino, 2022, excluded the last chapter on the Tax Trial For students in international mobility (Erasmus, etc.) the professor may authorize, instead of the mentioned italian book, an English or French test, but only in International Tax Law (so, with a different content). 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 Sem: I - lessons begin - for all Courses in Tax Law: on September, during the week of the general begin for the Department of Economics (except different notice through aula web (Tax Law) - lessons end - Course in Tax Law 9 cfu (72 hours): on December, after the conclusion of 72 hours of lessons - lessons end - Course in Tax Law 6 cfu (48 hours): on November, after the conclusion of 48 hours of lessons Class schedule TAXATION LAW EXAMS ASSESSMENT METHODS Written examination. On request, is possible to have English or French texts. Exam schedule Data Ora Luogo Degree type Note 13/01/2023 10:00 GENOVA Scritto 26/01/2023 10:00 GENOVA Scritto 15/02/2023 10:00 GENOVA Scritto 11/05/2023 13:00 GENOVA Scritto Appello straordinario riservato esclusivamente ai laureandi a.a. 2021/22 08/06/2023 10:00 GENOVA Scritto 21/06/2023 10:00 GENOVA Scritto 05/07/2023 10:00 GENOVA Scritto 08/09/2023 10:00 GENOVA Scritto FURTHER INFORMATION Attendance Not compulsory