Decision-making processes concerning multinational enterprises can be improved when the factor of corporate income taxation is taken into account together with economic and legal considerations. The same is true for governments in respect of their policy decisions concerning international businesses. The main purpose of this course is to provide academic knowledge and understanding of the field of corporate tax law through studying general and corporate tax systems and underlying principles applied worldwide, and their national and international implications. The focus will be on systematic comparison of systems and choices that can and should be made. Although comparing systems is an important part of this course, the student is not expected to know the details of the various tax systems (they will be provided as necessary). He or she is expected to become familiar with the various methods and systems that are used, why they are used, and how they work, and how they compare.|
The emphasis of this course is on fundamentals of Corporate Taxation. The following specific topics will be addressed:|
- 61485; The relation between personal income tax (PIT) and corporate income tax (CIT) :
- 61485; The place of PIT and CIT in the overall tax system of a country:
- 61485; CIT as a competition instrument between countries:
- 61485; The essentials of any corporate income tax: :
1. Tax subjects (who is taxed?) :
a. Taxing government activities or not? :
b. Tax exemptions (relating to the tax subjects) :
2. Tax object (what is taxed or what is fiscal profit?) :
a. Relation between commercial and fiscal profit determination rules:
b. The distinction between equity and debt:
c. Anti-earning stripping and thin capitalization rules:
d. Tax exemptions (relating to the tax object) :
3. Group building and CIT :
a. Intercompany pricing:
b. Participation exemption versus credit for underlying taxes:
c. Fiscal unity, fiscal consolidation and other forms of group relief:
d. Parent-Subsidiary Directive:
4. Mergers and the EU Merger Directive:
5. Treatment of losses:
6. Special regimes (investment funds, ships, oil) :
- European Union and CIT:
a. Applicable EU rules:
i. EU Treaty freedoms and CIT:
ii. State aid rules and CIT:
iii. Code of conduct against harmful tax competition:
b. Case law of the Court of the European Union (ECJ) :
c. Towards a European CIT? :
- Common Consolidated Corporate Tax Base (CCCTB); issues other than profit determination which will be dealt with in the Business Taxation course.
Bijzonderheden (alleen in het Engels beschikbaar)
The student will:
- Acquire academic knowledge on the concepts and principles underlying corporate tax systems, as applied worldwide, and their national and international implications.
- Acquire basic knowledge and understanding of main problems countries face if they want a corporate tax system that is both economically and legally sound.Acquire knowledge to understand and predict how corporate income taxes affect the behaviour of multinational firms.
- Acquire knowledge to understand how decision-making processes of both the private sector and the public sector concerning international businesses can be improved when the factor of corporate income taxation is taken into account together with economic and legal considerations.
- Be able to list and order relevant facts.
- Be able to identify problems.
- Be able to bring up practical solutions/opportunities properly motivated.
- Be able to evaluate these solutions/opportunities.
- Be able to give an informed opinion on the influence of EU law on the corporate tax system.
- Be able to give an informed opinion on how decision-making processes of both the private sector and the public sector concerning international businesses are improved when the factor of corporate income taxation is taken into account together with economic and legal considerations.
- Be able to apply the acquired knowledge and understanding to a case and/or assignment and solve problems using creative and critical intellect.