FISCAL LAW

Degree course: 
Corso di First cycle degree in ECONOMICS AND MANAGEMENT
Academic year when starting the degree: 
2016/2017
Year: 
3
Academic year in which the course will be held: 
2018/2019
Course type: 
Supplementary compulsory subjects
Language: 
Italian
Credits: 
6
Period: 
Second Trimestre
Standard lectures hours: 
52
Detail of lecture’s hours: 
Lesson (40 hours), Exercise (12 hours)
Requirements: 

In order to sit for this exam, it has suggested the acquisition ECTS in Commercial Law.

Final Examination: 
Orale

The exam consists of an oral exam, which can be accessed only after passing a multiple choice test (students must answer in a positive way at least 12 questions out of 15). Both the written test and the oral test are based on the contents analysed during the course. During the examination students cannot consult the tax code.
The written test lasts 30 minutes and is corrected immediately by the Commission. The outcome is communicated to the students after the correction. The vision of the tests with insufficient results, at the choice of the teacher, can take place at the end of the correction or on a subsequent day.
The oral exam focuses on 5/6 questions related to the program of the course and aims at verifying the main topicsof the course.
The duration of the oral exam (10/20 minutes) varies depending on the preparation of the student (brief if he demonstrates mastery of the topics).
To acquire sufficiency (18-20 / 30) it is necessary a frank knowledge of the essential elements of the tax system and of income taxes, exposed with a technical and appropriate language.
The vote of:
- 20-24 / 30 is assigned to those who also demonstrate a good knowledge of the principles, criteria for determining income and taxes and income categories;
- 25-27 / 30 is assigned to those who also demonstrate critical analysis skills.
- 28-30 / 30 is assigned to those who demonstrate excellent knowledge and exposure of the subject, critical analysis, interdisciplinary connection skills.
In case of full mastery of the topics, of critical analysis skills and of mastering the legal and technical language, the teacher can give the full mark with distinction (cum laude).
There are no differences as for the program and the bibliography for attending and non-attending students.
There are no additional assessments.

Assessment: 
Voto Finale

The course aims to provide students with the knowledge of the fundamental principles of the Italian tax system, the essential elements of direct taxes (IRPEF and IRES) and the criteria that govern their determination, as well as a detailed knowledge of the income categories that contribute to forming the IRPEF tax base and IRES.
The student must be able to qualify and determine the income categories that can contribute to form the total income (land, capital, self-employment and employee, business and other).

The course, after having examined the fundamentals of the Italian tax system, with particular regard to its sources and its inspiring principles, has as object the study and the deepening of the tax regulations on incomes, with particular attention to income categories.
The program is as it follows
- The principle of reserve of law (Article 23 of the Constitution)
- The sources and the Statute of taxpayers' rights
- The notion of tax (essential elements, exclusions, exemptions, assimilations)
- The principles of ability to pay (Article 53 of the Constitution) and impartiality and good performance of the Public Administration (Article 97 of the Constitution)
- The statement
- IRPEF and IRES
. presupposition
. passive subjects
. fiscal residence and stable organization
. tax base
. income generated in associated form
. tax period
. determination of total income, regulation of losses, deductible expenses
. determination of the tax, deductible charges
. separate taxation
. application of the tax to non-residents
- The categories of income
. land income
. income from employees and self-employed
capital income and other
- Business income:
.notion of tax entrepreneur;
. determination of income (simplified and ordinary accounting) and criteria that govern its determination - art. 109. TUIR;
. the assets relating to the company;
. positive components of business income: in particular revenues, capital gains, the institution of participation exemption, interest dividends, property income;
. negative components: in particular the depreciation of tangible, intangible and freely transferable assets, provisions.

The first 10 hours of the course are devoted to illustrating the general principles of tax law and the fundamental elements of income taxes. The next 10 hours are dedicated to the analysis of the individual income categories (1 hour for each type, except for the business income to which at least 5 hours are reserved).

TESAURO F., Compendio di diritto tributario, Torino, 2018 (chapter from I to VII, XVII, XVIII, XIX e XX, the last one only regarding paragraphs 1, 2 and 7.

Up-to-date Italian tax law collection

Convenzionale

Lessons and online tutorials. The attendance is strongly recommended. During classes students have to use the Tax Code (the most up-to-date) which will be consulted in the classroom.
Supplementary seminars can be planned to improve the knowledge of the topics covered during the lessons.

Office hours
See lecturer home page

Professors

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