Tax Law (2225.YR.002233.4)

General information

Type:	OBL	Curs:	1	Period:	S semester
ECTS Credits:	3 ECTS

Teaching Staff:

Group	Teacher	Department	Language
Year 1	Diana Ferrer Vidal	Derecho	CAT, ENG, ESP

Workload distribution:
Lectures: 15 hours
Participatory sessions: 15 hours
Independent study: 50 hours
Tutorials / feedback: 3 hours

The Tax Law course enables students to gain insights into the fiscal reality of the business world. During the course basic taxation concepts will be introduced so that students can appreciate the importance of companies adopting the appropriate tax policy. Once the course is completed, students will be in a position to study the Spanish taxation system in greater depth.

On successfully completing the course, students will have learnt about the general Tax Law concepts and the Spanish tax system. At the same time, we also aim for students to gain a minimal international perspective on taxation and understand that fiscal residents can earn income from a country in which they don't reside. Howeer, how and where is this income taxed?

Drawing on these broad aims, we will address a number of further specific objectives during the course to develop other competencies:
- Framing Tax Law within the Spanish legal system and distinguishing between basic tax concepts (taxable events, non-taxable income, etc.).
- Identifying the different tax categories and identifying taxable events within key categories
- Identifying the difference between taxes as applied to residents and non-residents.
- Knowing when a natural person and a legal entity are fiscal residents.
- Understanding the importance of bilateral agreements to avoid double taxation between signatory countries. The OECD Model Agreement.
- Understanding how income obtained in different countries is taxed as well as the concept of shared taxation.
- Understanding when double taxation may occur and what mechanisms exist to avoid it.
- With respect to corporate tax, understanding all aspects that comprise a settlement (off-balance sheet adjustments to taxable income and deductions).
- Recognising all the income included in personal income tax declarations and preparing a tax return with a medium-level of difficulty.

1. Introduction to Tax Law. Basic concepts Contents and concepts to be studied: The sources of Tax Law, constitutional tax principles, the purpose behind taxation, types of taxes and basic taxation concepts. Taxable events in key tax types.

2. Personal income tax -The main features of personal income tax: taxable events, tax return schedule, the taxpayer, tax exemptions, etc.) -Tax base (income from work, movable property, real estate property, economic activities, capital gains and losses) -Total tax due -Total amount owed, payable and differential (deductions and retentions)

3. Corporate tax -Tax return schedule -Off-balance sheet adjustments: amortisation, allocations for impairment losses, limits regarding finance-related expense deductions -Tax loss carryfowards -Deductions and exemptions to avoid double taxation. -Complete tax payment.

This course includes a theoretical and practical study of the Spanish tax system, in particular, the taxes most closely linked to business activity. However, the course also includes an international focus, examining key questions such as fiscal domicile, joint taxation on certain types of income and double taxation. It is important for students to gain an overall yet detailed view of the different taxes. That notwithstanding, a large percentage of time will be dedicated to corporate and personal income tax. The TAX TALENT contest will help students to study the different topics addressed through this subject while also representing a fun teamwork activity carried out outside of class.

ASSESSMENT BREAKDOWN

Short bibliography:

We recommend students accompany the course by reading the book written by a number of the lecturers in the Tax Law area at Esade Law School. Direct references will be made to this book during the sessions.
- Tratado sobre la imposición directa. Autors: Jaume Barril, Eduardo Berché, Diana Ferrer, Elena García de la Torre, Sebastià Piedra, Ramón Santos (Dir. Diana Ferrer). Ed. JM Bosch. 5th Edition.

The laws that will be studied are the following, which will be made available on the course webpage:
- Law 27/2014, dated November 28th, Law on Corporate Tax.
- Law 35/2006, November 28th, on Personal Income Tax

Bibliography and complementary materials:
- Memento práctico fiscal 2015. Editorial Francis Lefebvre (this is a reference book and is not compulsory).

Group	Teacher	Department
Year 1	Diana Ferrer Vidal	Derecho