Module LAW42930: International and European Taxation

Department: Law

LAW42930: International and European Taxation

Prerequisites

• None

Corequisites

• None

Excluded Combination of Modules

Aims

• The aim of this course will be to provide a platform for research into the specialized aspects of international and European tax law and policy. Its objective is to familiarise students with the basic principles of International and European tax law and policy from a multidisciplinary perspective. Students will be encouraged to engage with various tax law sources, namely international treaties, official documentation from Governmental and European institutions, literature and case law from the EU Court of Justice and national courts. The course will be divided into three parts. In the first part, the objective will be to provide a general overview of taxation matters. Particular consideration will thereby be given to traditional taxes, such as personal income tax, corporate income tax, and VAT; as well as new taxes, part of emerging trends within taxation, such as environmental taxes, and financial transactions taxes. The second part of the module will focus upon the taxation of income – what is known as direct taxation. It analyses amongst other topics: the role of double taxation treaties with non-EU countries, tax havens, and the sovereignty of EU Member States in the context of the jurisprudence of the EU Court of Justice. In the third and final part of the module, attention will shift to taxation of consumption – known as indirect taxation.

Content

• The course will highlight relevant and topical issues and expose underlying legal and economic principles. The following themes will be explored: 1. Fundamental taxation principles and national tax structures: traditional taxes and emerging trends 2. Taxing income (direct taxation) a. European taxation: interaction with national tax systems; harmonising legislation; fundamental freedoms and the role of the EU Court of Justice b. International taxation: interaction with national tax systems; allocation of taxing powers and double taxation treaties 3. Taxing consumption (indirect taxation) a. European taxation: interaction with national tax systems; harmonising legislation; role of the EU Court of Justice b. International taxation: modern indirect tax systems; allocation of taxing powers and inexistence of treaties Each theme will be deal with by reference to official documentation from Governmental and European institutions, literature and case law from the EU Court of Justice and national courts.

Learning Outcomes

• On completion of the module students will be able to • Understand the basic structure, features and fundamental characteristics of national tax systems; • Identify traditional and emerging trends within the design of tax structures • Understand the role of EU institutions and that of international treaties within the specific features of domestic tax systems at both direct and indirect taxation levels • Evaluate and critically assess from a legal, as well as economic perspective, the different design features of tax systems worldwide, both insofar as direct and indirect taxation are concerned

• On completion of the module students will be able to • Employ the acquired knowledge to hypothetical situations concerning tax law • Identify the key concepts, key international and EU legislation, case law and literature on taxation • Use concepts from economics literature to evaluate tax law design • Identify the fundamental principles and key challenges of International and European taxation • Understand how both principles and challenges are reflected and deal with in the design of international, European and domestic tax legislation • Critically assess the restrains and limitations of tax policy design and its consequences from both a legal and economic perspectives

• On completion of the module students will be able to • Demonstrate developed research and writing skills, including the ability to work independently • Ability to construct written arguments and think critically about taxation matters • Ability to carry out research and solve practical questions on taxations matters using a wide range of sources, namely official documentation, case-law and literature

Modes of Teaching, Learning and Assessment and how these contribute to the learning outcomes of the module

• enter text as appropriate for the module

Teaching Methods and Learning Hours

Summative Assessment

Formative Assessment:

Essay (1,500 words)

■ Attendance at all activities marked with this symbol will be monitored. Students who fail to attend these activities, or to complete the summative or formative assessment specified above, will be subject to the procedures defined in the University's General Regulation V, and may be required to leave the University