DIRITTO TRIBUTARIO E PROCESSO TRIBUTARIO

Degree course: 
Corso di Long single cycle degree (5 years) in Law - Como
Academic year when starting the degree: 
2018/2019
Year: 
5
Academic year in which the course will be held: 
2022/2023
Course type: 
Various educational activities
Seat of the course: 
Como - Università degli Studi dell'Insubria
Credits: 
6
Period: 
First Semester
Standard lectures hours: 
35
Detail of lecture’s hours: 
Lesson (35 hours)
Requirements: 

Knowledge of the substantive discipline of taxes and of tax procedures is recommended.

Final oral exam, aimed at verifying the objectives of the course.
To pass the exam (grade of 18-20/30), a frank 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 exposition of the subject matter, 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.
There are no differences between attending and non-attending students.
Attendance is strongly recommended.

Assessment: 
Voto Finale

The course aims to provide an in-depth knowledge of the sources, principles - also in the supranational dimension – parts and institutions of the tax process - in particular, of first and second instance - and their connections with the disciplines of tax proceedings (control, assessment collection, refund and imposition of penalties), as well as with that of enforcement.
The student should be able to understand and distinguish the forms of defense to be carried out due to the type of activity of the Tax Administration, and to understand whether it is appropriate to defend oneself in the administrative and/or trial courts.
Students will be able to:
- know and analyze, with appropriate language, the discipline of the tax process, its principles and main institutes (in particular, Tax Courts, appeal, methods of bringing and constituting the case, evidence admitted; powers and acts of the Tax Court);
- know the forms of protection and defense strategies, administrative and/or before the Tax Courts;
- know the connections between the procedural, trial and enforcement phases of tax proceedings;
- know the evolution of the forms of protection provided by national and supranational law, and the influence of the latter on the former.

The course covers the tax process and its relationship with the activity of the Tax Authorities and of the implementation of the tax in general.

Sources and principles of the tax trial, also in relation to those - constitutional and supranational - on the due process of law;
Order of the judiciary, tax jurisdiction and tax courts; subjective legal situations and relations with tax proceedings
Structure and function of the tax process; powers and decisions of the Tax Courts; appealable acts
Parties to the tax process
The judgment of first instance. The complaint and mediation
Interim and pre-trial procedure
Appeals
Judgment of compliance
Conciliation
Anomalous events of the trial

Convenzionale

In-person lectures.
Tutorials and supplementary lectures, also given by professionals and experts in the field, are planned, aimed at the application of the institutions examined, and understanding their practical implications.
An up-to-date tax code is recommended.

Students will be heard upon appointment to be agreed via email with the lecturer.

Professors