INTERNATIONAL TAX LAW

The teaching falls within the core educational activities of the Master’s Degree Programmes in Global Accounting and Finance (EM16) and in International Management (EM18).
The teaching objectives are the understanding and study of the main concepts, principles and legal sources of international and European tax law, as well as the analysis of some selected contemporary issues, such as the taxation of cross-border transactions, the analysis of the difference between legitimate and illegitimate tax planning, and the basics of transfer pricing.
The objective is to ensure that experts in management have a proper knowledge of the most relevant aspects of international and European taxation in their work, where they are confronted with opportunities and issues caused by significant transformations in economic models at both national and international levels.
During the lectures attention will be paid to the measures that are taken by the EU and the OECD with respect to the taxation of multinationals. The background and impact of these measures will be discussed. The course will include case studies to improve understanding of underlying rules.

1. Knowledge and understanding: Knowledge and ability to define and understand the legal sources and principles of international and European tax law (including relevant case law) - Knowledge and ability to identify the rationale of the rules studied to evaluate their effectiveness, merits, and shortcomings.

2. Ability to apply knowledge and understanding: Ability to apply acquired knowledge to solve concrete interpretative and applicative problems in transnational situations - Ability to develop an argumentation defending a particular tax position in a trans-national situation like those analysed during the course.

3. Capacity for critical judgement: Ability to suggest alternatives to existing solutions to meet the specific needs tackled by the legal sources that have been studied - Ability to give a critical and reasoned opinion on issues tackled - Ability to communicate opinions and acquired knowledge clearly and with appropriate vocabulary to both specialist and non-specialist interlocutors.

4. Communication skills: Ability to argue in a clear manner and using proper terminology the reasons in favour of a certain choice in a specific applied situation or in favour of an alternative solution to that proposed by others or by existing rules.

There are no specific pre-requirements.

1. The basics of Tax Law

2. International Tax Law

2.1. Overview of the basics of International Tax Law:
Concepts, principles, and sources of international tax law: tax residence of physical and legal persons – types and causes of double taxation and non-taxation – Capital Import Neutrality (CIN) and Capital Export Neutrality (CEN) – rationale of tax conventions in international law.

2.2. Jurisdiction to tax and the tax treaty network:
The importance of the OECD and UN Model Conventions.
The interpretation of the OECD Model Convention (the Vienna Convention)
The structure of the DTCs: the persons covered – the taxes covered – the allocation rules – the methods for the elimination of double taxation – the concept of permanent establishment – the concept of treaty shopping – the arm’s length principle within DTCs.
Current issues of International Tax Law: BEPS – Pillar 1 and 2.

3. European Tax Law

3.1. Overview of the basics of European tax law:
Taxes in EU Treaties and general EU Law concepts in the field of direct taxation: positive and negative integration – four freedoms – non-discrimination.

3.2. Corporate Taxation - Positive integration:
The source of European Corporate taxation.
Taxation of dividends in cross-border situations: Parent-Subsidiary Directive.
Taxation of interests and royalties in cross-border situations: Interest and Royalty Directive.
Anti-Tax Avoidance Directive (ATAD).
Global Minimum Tax (GMT) Directive.

3.3. Corporate Taxation - Negative integration
State aids issues.

Those who attend lectures:
Material provided during classes (available on Moodle)

Those who don't: The suggested readings are:
1) M. Lang, Introduction to the Law of Double Taxation Conventions, 3rd edition, 2021 – Ch. 1, 6, 7, 8, 9 (9.1 – 9.9)
2) C. Hji Panayi, European Union Corporate Tax Law, 2nd edition, Cambridge University Press, 2021 - Ch. 2 (2.1 – 2.3), 3
3) Any further material available on Moodle

Or:
1) L. Tosi, R. Baggio, International tax law in the italian legal system, 2023
2) Materiale fornito sulla piattaforma Moodle

The examination will be oral.

As far as the evaluation is concerned, it will be carried out taking into consideration the expected learning outcomes and the content of the course. In particular:
1. the knowledge of concepts, rules and principles examined;
2. the ability to make connections between the different parts of the program;
3. the accuracy and completeness of the exposition;
4. the ability to use the appropriate notions and terminology;
5. the ability to develop adequate and critical analyses of the proposed issues.

More specifically, the final grade will be decided according to the following criteria:
1. Preparation with regard to the topics addressed.
2. Critical and argumentative capacity.
3. Use of technical-legal language.

oral

As regards the gradation of the grade (how the grades will be assigned), regardless of the attending or non-attending mode:
A. scores in the 18-22 range will be awarded in the presence of:
- sufficient knowledge and ability to understand applied in relation to the programme;
- sufficient ability to apply knowledge and understanding and judgment;
- sufficient communication skills, especially in relation to the use of specific language relating to the subject;
B. scores in the 23-26 range will be awarded in the presence of:
- good knowledge and ability to understand applied in relation to the programme;
- good ability to apply knowledge and understanding and judgement;
- good communication skills, especially in relation to the use of specific language relating to the subject;
C. scores in the 27-30 range will be awarded in the presence of:
- excellent knowledge and ability to understand applied in relation to the programme;
- excellent ability to apply knowledge and understanding and judgment;
- excellent communication skills, especially in relation to the use of specific language relating to the subject.

Teaching will be divided into lectures with some frontal teaching and some student involvement. With regard to topical issues, active student involvement activities such as case presentations are planned.