Taxation of multinational companies
Considering the ever-increasing internationalization of the Italian economy and European countries, the course aims to provide students with an overview of both the tax opportunities offered to companies with international activity, and the risks of evasion and avoidance to which the legal system reacts. From an examination of corporate taxation at a national level, we therefore move on to examine the opportunities and problems related to the internationalization of the company, which is confronted with a plurality of different tax systems and with the risks of international double taxation.
The learning objectives of the course can be defined as follows:
• Knowledge and understanding: at the end of the course the student must demonstrate knowledge and understanding of the issues relating to the taxation of companies with multinational activities; the opportunities offered by tax competition between legal systems; the difference between fair and unfair tax competition; the problems relating to the taxation of profits of companies with international activity, with particular reference to the issues of international double taxation and the internal and international solutions envisaged to solve this problem.
• Ability to apply knowledge and understanding: at the end of the course the student must demonstrate to be able to understand the evolutionary lines of international taxation and to be able to frame the rationale and effects of the tax rules and reforms discussed at national level , European and international.
• Autonomy of judgment: the student, following the knowledge and skills acquired, must be able to independently assess the reasons and effects of the tax choices made by the individual systems, as well as the reasons and impact of the European directives and of the jurisprudence of the Court of Justice.
• Communication skills: The student must have the ability to explain orally, in a simple way, and also to those who do not have specific knowledge on the subject, which are the main opportunities and the main problems that a company encounters, for tax purposes, when it decides to internationalize their business and what are the advantages and disadvantages associated with the different levels of internationalization of the business. Faced with more experienced interlocutors, the student must be able to treat and discuss the most technical profiles of the topics covered by the course with language properties.
• Learning skills: The attendance of the lessons intends to offer the student a compass to orient himself, today as tomorrow, in the world of international taxation. The student must be able to continuously update himself, through consultation of texts and publications specific to the reference sector, in order to acquire the ability to follow in-depth courses, specialized seminars and Masters in international tax law. The student must also be able to apply the knowledge acquired to constantly evolving contexts, and which may therefore be different from those presented during the course, deepening the topics covered even using materials other than those proposed.
Students should have acquired and assimilated knowledge of the constitutional principles that impact the construction of the national tax system, as well as knowledge of the foundations of European law and the impact of primary and secondary European law on our legal system
The multinational company and the tax problems related to its operations -General Aspects of International Tax Law - International Treaties Against Double Taxation - Elements of European Tax Law -International Tax Cooperation - Domestic Rules on Income Taxes -International operations to Contrast International Tax Avoidance and Evasion -The Customs Law - Value Added Tax In International Transactions
The course content will be divided into the following lesson blocks:
Block I (24 hours) - Corporate taxation
IRPEF and IRES: taxable persons and characteristics of the two taxes. Individual and collective entrepreneurs: the taxation of partnerships and corporations. The tax residence of the company and its effects. Positive and negative components of business income.
Block II (24 hours) - The tax aspects of the internationalization of the company
Business income in relations with abroad. Permanent organizations and foreign subsidiaries. Transfer pricing. The CFC regime. The branch exemption. The transfer of tax residence. The national and world consolidated. The European and international dimension of taxes: harmonization and approximation of laws. The conventions against double taxation
The course activity is organized in lectures and discussions of topical issues, with commentary on national legislation, conventional and European standards, and the jurisprudence of the Court of Justice.
- for the first part of the course: Contrino-Della Valle-Marcheselli-Marello-Marini-Messina-Trivellin, Fundamentals of tax law, Cedam, 2020, chapters fourth and sixth
- for the second part of the course: L. Tosi - R- Baggio, Outlines of international tax law, Cedam, 2022.
These texts will be supplemented by any material provided during the lessons or subsequently indicated by the teacher.
The exam consists of an oral test aimed at ascertaining that the student (trainee or not) has acquired the required knowledge and skills described in the Training objectives section. In the oral exam, the accuracy of the answers, the clarity and completeness of the presentation, the ability to connect and compare different aspects dealt with during the course, the property of language will be evaluated.
The vote will be expressed out of thirty.