Fall 2011 Class Descriptions
As of 10/22/2014 3:20:33 AM
Comparative and EU Taxation
Comparative Corporate and EU Taxation
The course provides an introduction to the comparative dimensions of law and endeavours to bridge the gap between the domestic and the international level of legal regulation of economic activities. In particular the course adopts an innovative evolutionary approach and looks at the circulation of tax policy patterns, and this makes the course particularly geared towards policy debate.
The course is based on current methodological approaches to issues of economic and business transnational law and therefore is aimed at those students who are generally interested to the discussion on methods of comparative and transnational law and to their actual applications. A specific tax background is NOT a pre-requisite as the course is policy-oriented and based on class discussion, and therefore there is no requirement that the students has taken previous tax courses.
We will focus mainly on selected issues of tax policies having an international impact and use a comparative approach to analyse the evolution and circulation of tax models (intra-group dividends, tax leverage, tax consolidation, corporate reorganizations). Within this approach, legal change is viewed as the result of the selection through legal transplants and similar techniques, by domestic policy-makers, of alternative solutions circulating in the market for tax ideas. We will see how domestic systems can be viewed as the outcome of competitive evolution and traced back to tax models addressing policy issues.
We will also consider certain ?top-down constraints? in the EU process of coordination, with specific attention to the so called ?negative integration? prompted by the leading cases of the European Court of Justice in tax matters protecting the four freedom enshrined in the EC Treaty. We will study the arguments and the reasoning adopted by the ECJ in these cases and their impact, comparing them with the US Supreme Court's jurisprudence.
Finally we will combine the comparative/evolutionary approach and the case method to depict an evolutionary map for EU corporate taxes which reveals a ?common core? in respect to cross-border taxation of groups of companies; within this framework we will consider the EU proposal for a common consolidated tax base (CCCTB) and the U.S. proposals for adopting formulary apportionment.