Duration
15h 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 "Taxation of public authorities, the social economy and the non-profit sector" course is an optional course for students of the Master of specialisation in tax law who have chosen the "enterprise" option. As a reminder, this programme trains tax practitioners and is offered to lawyers but also to economists and managers.
after the introduction, the first part of the course will consider the legal aspects of the social economy and the non-profit sector, which are essential for a proper understanding of tax considerations (legal speciality, allocation of profits, etc.). This preliminary part will lay the basis for understanding the tax presentation.
In a second step, the analysis of the tax aspects will start with the direct tax regime. A legal person resident in Belgium is subject to corporate tax or to the tax on legal persons (IPM). The two taxes will be compared in order to show what is at stake. The criteria for tax liability will be analysed and then summarised by means of a decision tree. The consequences of IPM liability will be considered in support of the tax declaration (276.5). The specific tax rules relating to transformation and restructuring operations in the non-market sector will be analysed.
In a third step, the indirect tax regime will be considered (mainly through various special issues, related to VAT, registration taxes, inheritance taxes)
The tax status of persons who are involved in the entities studied (volunteers, directors, donators, sponsors, etc.) will be addressed.
Learning outcomes of the learning unit
The aim of the course is to provide students with an overview of the tax rules applicable to public authorities, the non-profit sector and also to social economy enterprises. Students will be able to understand the implication of a management choice (e.g. the use of a management company for VAT purposes) or the tax impact of the use of certain legal frameworks (e.g. in the context of a transformation procedure). They will thus become aware that the taxable base for IPM varies according to the type of taxpayer envisaged and will now be able to determine, for these different taxpayers, the tax cost of being subject to this tax.
Prerequisite knowledge and skills
Personal income tax course (income from movable and immovable property, various income from movable property) and corporate income tax (concept of resident company, taxable base, tax rate and collection method).
VAT course (reasoning scheme - concept of taxable person - impact of the exempted taxable person status, etc.), registration and inheritance taxes courses.
Planned learning activities and teaching methods
The teaching will be mainly in the form of an ex cathedra lecture. The active participation of the students will be strongly encouraged by questions. The student will be provided with various references that will allow him/her to deepen his knowledge of the subject. For some sessions, students will be asked to do some pre-reading. In other sessions, students will be asked to read a case law decision around which, in the following lesson, the concepts seen previously are reused.
Mode of delivery (face to face, distance learning, hybrid learning)
Face to face.
Recommended or required readings
Acquisition of a specific handbook "LA FISCALITÉ DES ASBL ET DU SECTEUR NON MARCHAND" (édition 2022 - Anthemis) offered at a reduced price to interested students (subjects covered: law of legal persons; direct taxes; VAT; transformations and restructurings)
Other material : PPT
Exam(s) in session
May-June exam session
- In-person
written exam ( multiple-choice questionnaire, open-ended questions )
August-September exam session
- In-person
oral exam
Additional information:
The written examination will aim to assess knowledge but above all the understanding of the mechanisms and rules specific to taxation and the ability to apply the rules and concepts explained in the course to concrete situations. The exam will consist of multiple choice questions, true or false, and case studies.
Work placement(s)
No.
Organizational remarks
Nothing
Contacts
sabine.garroy@uliege.be