Duration
10h Th
Number of credits
| Specialised master in tax law | 2 crédits |
Lecturer
Language(s) of instruction
French language
Organisation and examination
Teaching in the second semester
Schedule
Units courses prerequisite and corequisite
Prerequisite or corequisite units are presented within each program
Learning unit contents
The course examines the potential benefit of resorting to a patrimonial company for civil law reasons and with a view to fiscal optimizing.
By way of introduction, some reminders of corporate law are given as well as a view of the comparative pros and cons of the patrimonial company.
A first part presents the transfer modalities of movable and immovable assets to a patrimonial company and its fiscal cost. The sensitive issue of a.o. internal added value is studied.
A second part examines the functioning mode of the patrimonial company both as concerns direct contribution and with a view to estate planning. How is it taxed? How to keep control by holding a minority of parts How to derive an income?
A third part analyses the civil and fiscal aspects of the share deal of a patrimonial company, against payment or free of charge.
In a fourth and last part, the dissolution and liquidation of the patrimonial company is considered, namely from a fiscal angle.
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
The students must have acquired the bases of contract law, marital regimes and donations.
They must have a good command of the general principles of corporate law.
Those needing to upgrade their knowledge beyond the reminders given in the course are invited to contact the lecturer for recommended readings.
Planned learning activities and teaching methods
For the most part, lectures are supported by written documents.
Illustrtive practical cases are explained orally.
Students' active participation is warmy encouraged in response to the lecturer's questions; the restricted audience allows for interactivity.
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 readings:
- course notes distributed to students.
- enabling students to upgrade their knowledge of civil and corporate law if need be.
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