DIRITTO TRIBUTARIO E PROCESSO TRIBUTARIO

Degree course: 
Corso di Long single cycle degree (5 years) in Law - Como
Academic year when starting the degree: 
2021/2022
Year: 
5
Academic year in which the course will be held: 
2025/2026
Course type: 
Various educational activities
Seat of the course: 
Como - Università degli Studi dell'Insubria
Credits: 
6
Period: 
Second semester
Standard lectures hours: 
35
Detail of lecture’s hours: 
Lesson (35 hours)
Requirements: 

Fundamentals of institutions of tax law are recommended

Final Examination: 
Orale

Final oral exam, aimed at verifying the objectives of the course. To pass the exam (grade of 18-20/30), a good knowledge of the essential elements of the subject matter, described in technical and appropriate language, is required. The grade of: - 20-24/30 is awarded to those who also demonstrate a good knowledge of the principles and sources of the process; - 25-27/30 is awarded to those who also possess critical skills. - 28-30/30 is awarded to those who demonstrate excellent knowledge and are fluent in exposition and possess critical analysis, and ability to make interdisciplinary connections. In the case of full mastery of the topics covered, capacity for critical analysis, and mastery of legal and technical language, honors may be awarded. Program and books are identical for attending and non-attending students. Attendance is strongly recommended.

Assessment: 
Voto Finale

The course aims to provide a thorough understanding of the historical evolution, sources, principles, including supranational ones, and institutions of the tax process, their connections with procedural disciplines and with the enforcement. It also aims to provide theoretical and practical knowledge of the possibilities of defense, depending on the type of activity carried out by the tax authorities.
Students shall understand and be able to: assess the practical implications of the legal disciplines; master the strategies of defense, in administrative and/or procedural; exploit the connections between the procedural, trial and enforcement phases. They shall also appreciate the evolution of the legal protections at the national and supranational level, also in relation with administrative law.

The course covers the tax process and its relationship with the disciplines concerning the activities of the Tax Authorities and tax proceedings in general.

Sources and principles, i.a. right to a fair trial Tax jurisdiction and tax courts; subjective situations and relations with tax proceedings (with special reference to preliminary investigation) and collaboration institutions Structure, subject matter and function of the tax process; powers and decisions of the Tax Courts (i.a. burden of proof); appealable acts Parties First instance judgment; evidence and proof Interim and pre-trial procedure Appeals (with particular reference to second instance appeal) res judicata Judgment of compliance Conciliation Anomalous events of the trial Practical exercises

Convenzionale

Lectures supplemented with seminars and supplementary lectures, also given by professionals and experts in the field. An up-to-date collection of tax laws is recommended.

Please refer to the teacher's page.

Professors