Note from June 29, 2020
Although we do not yet know how long the social distancing related to the Covid-19 pandemic will last, and regardless of the changes that had to be made in the evaluation of the June 2020 session in relation to what is provided for in this learning unit description, new learnig unit evaluation methods may still be adopted by the teachers; details of these methods have been - or will be - communicated to the students by the teachers, as soon as possible.
Although we do not yet know how long the social distancing related to the Covid-19 pandemic will last, and regardless of the changes that had to be made in the evaluation of the June 2020 session in relation to what is provided for in this learning unit description, new learnig unit evaluation methods may still be adopted by the teachers; details of these methods have been - or will be - communicated to the students by the teachers, as soon as possible.
6 credits
15.0 h + 15.0 h
Q2
Teacher(s)
Janssen Frédéric;
Language
French
Prerequisites
/
The prerequisite(s) for this Teaching Unit (Unité d’enseignement – UE) for the programmes/courses that offer this Teaching Unit are specified at the end of this sheet.
The prerequisite(s) for this Teaching Unit (Unité d’enseignement – UE) for the programmes/courses that offer this Teaching Unit are specified at the end of this sheet.
Main themes
This course aims at making the students familiar with the normative framework of the international tax system as well as introducing them to the main mechanisms of the international fiscal planning.
To that end, the course will classically start off by scrutinizing the sources of the international fiscal law. The Belgian internal law, the European law and the (States' contractual) International law will be considered within the general structure of operation (implementation and area of application). The OECD Model of preventive convention againstdouble taxation will be studied in detail. This will be illustrated by the examination of the specific features of the conventions that Belgium concluded with its main commercial partners.
The principal techniques of international fiscal planning will be dealt with by means of a neutral approach. This will show the principles and the principal ideas of the different mechanisms without restricting the analysis to a given state legal order.
Finally, we will deal with some specific subjects (e.g. Hybrid Financing Instruments and Derivative Instruments) in order to come on to the comparative international fiscal law.
To that end, the course will classically start off by scrutinizing the sources of the international fiscal law. The Belgian internal law, the European law and the (States' contractual) International law will be considered within the general structure of operation (implementation and area of application). The OECD Model of preventive convention againstdouble taxation will be studied in detail. This will be illustrated by the examination of the specific features of the conventions that Belgium concluded with its main commercial partners.
The principal techniques of international fiscal planning will be dealt with by means of a neutral approach. This will show the principles and the principal ideas of the different mechanisms without restricting the analysis to a given state legal order.
Finally, we will deal with some specific subjects (e.g. Hybrid Financing Instruments and Derivative Instruments) in order to come on to the comparative international fiscal law.
Teaching methods
Lecture and exercises related to the course.
Evaluation methods
Oral examination (exam session)
Bibliography
· B.J.M.TERRA et P.J. WATTEL, European Tax Law, 6th ed., Kluwer Law International, 2012
· A. MAITROT DE LA MOTTE, Droit fiscal de l'Union européenne, Bruylant, 2012
· B. GOUTHIERE, Les impôts dans les affaires internationales, 10ème éd., Francis Lefebvre, 2014
· B. CASTAGNEDE, Précis de fiscalité internationale, 5ème éd., P.U.F., 2015
· M. SCHOLES, M. WOLFSON, M. ERICKSON, E. MAYDEW et T. SHEVLIN, Taxes and Business Strategy, a Planning Approach, 5th ed., Global edition, Prentice Hall, 2016.
· A. MILLER et L. OATS, Principles of International Taxation, 2nd ed., 2009, Tottel
· A. MAITROT DE LA MOTTE, Droit fiscal de l'Union européenne, Bruylant, 2012
· B. GOUTHIERE, Les impôts dans les affaires internationales, 10ème éd., Francis Lefebvre, 2014
· B. CASTAGNEDE, Précis de fiscalité internationale, 5ème éd., P.U.F., 2015
· M. SCHOLES, M. WOLFSON, M. ERICKSON, E. MAYDEW et T. SHEVLIN, Taxes and Business Strategy, a Planning Approach, 5th ed., Global edition, Prentice Hall, 2016.
· A. MILLER et L. OATS, Principles of International Taxation, 2nd ed., 2009, Tottel
Faculty or entity
CLSM
