Duration
15h Th
Number of credits
| Advanced 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
Time will be set aside for peer learning. For some sessions, students will be invited to read part of the reference work beforehand. A situation or a small case study will be presented and the students, as a group, will be able to discuss it. The teacher will clarify the concepts after this discussion.
Mode of delivery (face to face, distance learning, hybrid learning)
Face to face.
Course materials and recommended or required readings
Platform(s) used for course materials:
- LOL@
Further information:
PowerPoint presentations and additional materials (legislation, case law and academic articles) will be made available on LOL@.
S. GARROY, X. GÉRARD and A. SOLDAI, La fiscalité des ASBL et du secteur non marchand, Anthemis, 2023, is a reference book for the course. Whether its purchase will be required will be specified at the beginning of the semester, depending on legislative developments.
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
Further information:
Both the written and oral examinations are open-book.
The assessment mainly aims to evaluate students' understanding of tax mechanisms and rules, as well as their ability to apply the concepts studied to practical situations.
The written examination includes multiple-choice questions, true/false questions and case studies.
Work placement(s)
No.
Organisational remarks and main changes to the course
Some sessions run as a duo (with contributions from experts and practitioners, Mr. Daubit, Mr. Gerard and Mrs. Soldai)
Contacts
sabine.garroy@uliege.be