Study Programmes 2016-2017
DROI2356-1  
Tax Law and Patrimonial Company
Duration :
10h Th
Number of credits :
Specialised master in tax law2
Lecturer :
Luc Herve
Language(s) of instruction :
French language
Organisation and examination :
Teaching in the second semester
Units courses prerequisite and corequisite :
Prerequisite or corequisite units are presented within each program
Learning unit contents :
The course examines the aptness of using an asset management company for civil law reasons or for the purpose of fiscal optimisation. The first part briefly deals with certain general principles of civil law and corporate law. The prerequisites mentioned hereafter are essential. The second part explores the methods of transferring movable and immovable assets to an asset management company and their tax cost. The delicate question of capital gains, especially internal, is examined. The third part of the course examines how asset management companies work, both as regards direct contributions and from the point of view of estate planning. How is it taxed? How is it possible to maintain control while in a minority shareholding? How is it possible to generate an income? In the fourth part, the course analyses the civil and tax aspects of transferring the shares of an asset management company, with or without payment. Finally, the fifth part deals with the dissolution and liquidation of an asset management company, especially from a tax point of view.
Learning outcomes of the learning unit :
By the end of the course, students should be able to analyse a concrete situation and determine when and under what conditions recourse to an asset management company is of interest, especially on a civil level and as regards tax.
Prerequisite knowledge and skills :
Students must have taken the general classes in law of obligations, matrimonial regimes and gifts. Furthermore, they must have taken a general course in corporate law. Besides the references and reminders given in class, a recommended reading list will be given to students who need to be brought up to speed.
Planned learning activities and teaching methods :
Lectures are supported by written material, accompanied by doctrinal and case law references. Classes are illustrated with practical examples that are explained orally. Students are asked to solve them in class. The students' active participation is strongly encouraged through questions asked by the teacher. Because the students are taught in small groups, it is possible to adopt an interactive method.
Mode of delivery (face-to-face ; distance-learning) :
The course combines theory and practical work.
Students are required to attend the classes so that they can interact.
Classes aren't recorded.
Students must have a copy of the Civil Code, Commercial Code and Fiscal Code, which the students can annotate for the exam.
Recommended or required readings :
Compulsory reading:
  • course notes given to the students;
  • certain case law and administrative decisions and certain academic articles mentioned by the teacher.
Recommended reading:
  • doctrinal, case law and administrative references mentioned in the course notes;
  • recommended reading to bring students studying civil law and corporate law up to speed.
Assessment methods and criteria :
The first and second sessions involve an oral exam.
Students should be able to make use of the principles and concepts taught, explain them and identify them in the examples given to them, which they then have to solve.
Students are assessed on their mastery of the principles and concepts, as well as their ability to construct a coherent and critical legal reasoning 
Work placement(s) :
No placement is required.
Organizational remarks :
Students must have a copy of the Civil Code, Commercial Code and Fiscal Code, both for classes and the exam. These texts can be annotated.
Contacts :
Students can contact the teacher by e-mail or by phone at the following: l.herve@herve-law.be 04/343.53.33