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TAXATION LAW

CODE 63725
ACADEMIC YEAR 2022/2023
CREDITS
  • 9 cfu during the 3nd year of 8697 ECONOMIA AZIENDALE(L-18) - GENOVA
  • 6 cfu during the nd year of 8698 ECONOMIA DELLE AZIENDE MARITTIME, LOGISTICA E TRASP.(L-18) - GENOVA
  • 6 cfu during the nd year of 8699 ECONOMIA E COMMERCIO(L-33) - GENOVA
  • 6 cfu during the nd year of 8697 ECONOMIA AZIENDALE(L-18) - GENOVA
  • SCIENTIFIC DISCIPLINARY SECTOR IUS/12
    LANGUAGE Italian
    TEACHING LOCATION
  • GENOVA
  • SEMESTER 1° Semester
    PREREQUISITES
    Prerequisites
    You can take the exam for this unit if you passed the following exam(s):
    • Business Administration 8697 (coorte 2020/2021)
    • INSTITUTES IN PRIVATE LAW 41135
    • PUBLIC LAW 66707
    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:

    1. 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.
    2. 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

    1. 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);
    2. 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;
    3. 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

    1. 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:

    1. 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);
    2. 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;
    3. 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:

    1. 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

    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

    Date Time Location Type Notes

    FURTHER INFORMATION

    Attendance

     Not compulsory