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| DROI2019-1 | Savings and insurance taxation
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| Duration : | 30h Th |
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| Credits/ECTS : |
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| Holder(s) : | Jean‑Pierre Bours |
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| Language : | Langue française |
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| Course contents : | 1. Scope
This course aims to initiate students in the law and taxation of banks and insurance companies, from a point of view of the problems encountered by these institutions at a legal level on the one hand, and the taxation of their products on the other hand, the analysis of these products being limited to those relating to savings and investments.
2. Contents
a. Introduction. Banks and insurance companies. Bancassurance, assurfinance and bancassurfinance. Prudential control (CBFA). Bank secrecy. The European directive on savings taxation. "Special mechanisms". Laundering.
b. The banking universe. (i) Banking products for private individuals. Interest, dividends, capital gain and group investments. (ii) Banking products for companies. (iii) CIU taxation system.
c. The world of insurance. Introduction. AICPCU and life assurance. (i) Life assurance and income tax. The three pillars. (ii) Life assurance and succession rights. (iii) Life assurance and other indirect taxes. |
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| Course objective : | At the end of the course, students should be able to :
- A1 Show that they are familiar with the concepts relating to the world of banking and insurance, such as: bank secrecy and confidentiality; laundering; compliance; special mechanisms; the European directive on savings taxation. Describe the taxation system of a savings or investment product (shares and investment bonds, mutual funds, pension plans, life assurance, insurance bonds, etc).
- C3 Identify the problem described in a casus, find the legal or statutory rules that apply in the case described and justify their application;
- P3 Help a third party to choose a savings or investment product with full knowledge of the relevant taxation system. |
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| Prerequisites : | At least 30 hours of classes in tax law. |
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| Organization : | 1. Methodology used
- A1 Theoretical lecture illustrated with examples and practical cases.
- A3 Solving cases
2. General planning of the course
Ex cathedra lectures. Casus and solution. Oral exam on a date to be arranged
3. Distribution of student workload
4 ECTS x 24hTE = 96 hrs
- 24 hrs tutorials
- 30 hrs course study and understanding the subject
- 18 hrs reading, solving cases and online exercises |
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| Written notes : | Text from PowerPoint slides online. |
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| Assessment : | E1/E3 Restitution of the concepts, principles, rules and ability to explain them and identify them in a casus.E3 Solving a case, justification of the applicable tax regulations.
Students will be assessed on their command of the concepts and principles, and their ability to construct a coherent legal reasoning that respects the hierarchy of the legal standards and principles.
Oral exam both in the first and second session (and in the extended second session).
Students who have taken the course in the Law and Taxation of Financial Institutions in the second year of the masters at the HEC, will be exempt from the present course, but will have to choose another one of the same duration. |
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| Contacts : | jpbours@skynet.be |
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