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2023/2024

Taxation

Code: 102368 ECTS Credits: 6
Degree Type Year Semester
2501572 Business Administration and Management OT 4 2

Contact

Name:
Jose Manuel Aguilar Rodriguez
Email:
josemanuel.aguilar@uab.cat

Teaching groups languages

You can check it through this link. To consult the language you will need to enter the CODE of the subject. Please note that this information is provisional until 30 November 2023.

Teachers

Jose Manuel Aguilar Rodriguez

Prerequisites

To make the most of the subject taught, it is advisable to have passed the Introduction to Accounting and Financial Accounting courses, taught in the first and second years at the UAB Faculty of Economics and Business, respectively. These courses provide
										
											accounting knowledge necessary to successfully follow the subject of Business Taxation, whose content will focus on the study of Corporation Tax, VAT and main tax procedures linked to the business field.

Objectives and Contextualisation

Of the subjects that are taken in the first year of ADE or ADE + LAW, the one that has the greatest affinity with Business Taxation is Introduction to Accounting. The fundamental reason is that the content of the Business Taxation course focuses on the study of Corporate Tax, VAT and tax procedures
										
											
										
											Based on the above, the main academic objectives of the subject are the following:
										
											
										
											First block of the subject. CORPORATE TAX. (22 class hours of face-to-face teaching).
										
											       1. Expose and explain in depth the Corporation Tax in a clear and practical way as regulated in the current Corporation Tax Law (Law 27/2014, of November 27) and its Development Regulation RD approved by Royal Decree 634 /2015, of July 10.
										
											           The study of this subject has the objective of obtaining by the student a solid and complete knowledge that allows liquidating the tax and obtaining the necessary elements of judgment for the implementation of the most appropriate fiscal and financial measures depending on the context and of the concurrent circumstances ad casum.
										
											      2. Know the basic concepts and practice of corporate taxation in the field of Corporation Tax.
										
											      3. Interpret in fiscal key the main concepts with which the company's activity is recorded in accounting.
										
											      4. Calculate the Tax Result, linking this calculation with the available tax planning options of the company.
										
											      5. Determine the Taxable Base by applying the reductions and compensations prior to the accounting result for the year, as well as the adjustments for temporary and permanent differences contemplated by the tax regulations.     
6. Determination of the Full Fee, which is obtained from the application of the tax rate on the previous tax base, to subsequently reduce it with the deductions on the fee with the quantitative and temporary limits provided for in article 39 of the Tax Law
7.Determination of the liquidand differential quota of the tax reduced by the withholdings and installment payments made during the year with its different calculation modalities in accordance with the provisions of article 40 LIS.
8. Studies of the different special application regimes of Title VII of the LIS, paying special attention to the following:
Special regime for small companies. (ERD)
Special housing rental regime (REAV)
Tax consolidation regime.
Special regime for mergers, divisions, contributions of assets, exchange of securities and change of registered office of a European Company or a European Cooperative Company from one Member State to another of the European Union (FEAC).
International Tax Transparency.
Tax regime of certain financial lease contracts.
9. Study of the entire tax settlement and management structure with the resolution of practical cases.
10. Identification of the main elements of tax contingency and potentially conflicting operations with the Tax Administration, as well as preventive conciliation mechanisms (APV-APA among other programs).
11. Collection figures and comparative analysis.
Second block of the subject. VALUE ADDED TAX. (16.5 hours of face-to-face teaching).
										
											     1. General Background.
										
											     2. Nature and scope of aplication.
										
											     3. The taxable event.
										
											     4. exemptions.
										
											     5. Place of realization of the taxable event.
										
											     6. Accruals. General and special rules with specific reference to the billing rules of RD 1619/2012 of November 30.
										
											     7. Tax base. General rule and special.
										
											     8. The passive subject. Assumptions of investment of the passive subject.
										
											     9. The tax rates.
										
											   10. Deductions and refunds. General pro rata regime, special and differentiated sectors.
										
											   11. Special schemes.
										
											   12. Formal obligations of taxpayers.
										
											   13. Main aspects of management and liquidation of the tax.
										
											   14. Collection figures and comparative analysis.
Third block of the subject. TAX PROCEDURE. (16.5 hours of face-to-face teaching).
										
											      1. Tax procedures.
										
											                                               i. General principles.
										
											
										
											                                              ii. Common rules on actions and procedures.
										
											
										
											      2. Most common management procedures.
										
											
										
											                                               i. Procedure for the practice of returns.
										
											
										
											                                              ii. Procedure initiated by declaration.
										
											
										
											                                             iii. Data verification procedure.
										
											
										
											                                             IV. Checking procedure values.
										
											
										
											                                              v. Limited verification procedure.
										
											
										
											    3. Inspection Procedure.
										
											
										
											                                               i. General disposition.
										
											
										
											                                              ii. Inspection actions.
										
											
										
											    4. Collection Procedure.
										
											
										
											                                               Yo. General disposition.
										
											
										
											                                              ii. Enforcement procedure.
										
											
										
											                                             iii. Procedure against managers and successors.
    5. Tax violations and penalties.
    6. Special review procedures.
										
											
										
											                                               Yo. Review of null and void acts.
										
											
										
											                                              ii. Declaration of lesividad of annulable acts.
										
											
										
											                                             iii. Revocation.
										
											
										
											                                             IV. Error rectification.v. Return of improper income.
										
											
										
											   7. Appealfor replacement and economic-administrative claims. Study of the procedural itinerary of appeals and claims in administrative channels, as well as of the different executive and advisory bodies for the application of taxes. Binding Consultations of the Central Administrative Economic Court and General Directorate of Taxes.
										
											   8. Study and analysis of the most relevant jurisprudential pronouncements on the different matters of the program, with special attention to the applicable appealing jurisprudence in force of the Supreme Court in contentious-administrative matters.
										
											   9. Main judgments of the National High Court and Superior Courts of Justice of the Autonomous Communities.



Competences

  • Capacity for independent learning in the future, gaining more profound knowledge of previous areas or learning new topics.
  • Capacity for oral and written communication in Catalan, Spanish and English, which enables synthesis and oral and written presentation of the work carried out.
  • Demonstrate initiative and work individually when the situation requires it.
  • Organise the work in terms of good time management, organisation and planning.
  • Select and generate the information necessary for each problem, analyse it and take decisions based on that information.
  • Students must be capable of collecting and interpreting relevant data (usually within their area of study) in order to make statements that reflect social, scientific or ethical relevant issues.
  • Use of the available information technology and adaptation to new technological environments.
  • Using accounting information as a tool for assessment and diagnosis.

Learning Outcomes

  1. A capacity of oral and written communication in Catalan, Spanish and English, which allows them to summarise and present the work conducted both orally and in writing.
  2. Capacity to continue future learning independently, acquiring further knowledge and exploring new areas of knowledge.
  3. Demonstrate initiative and work independently when required.
  4. Interpret financial indicators of an entity and understand the decisions that can be taken from their analysis
  5. Organise work, in terms of good time management and organisation and planning.
  6. Select and generate the information needed for each problem, analyse it and make decisions based on this information.
  7. Students must be capable of collecting and interpreting relevant data (usually within their area of study) in order to make statements that reflect social, scientific or ethical relevant issues.
  8. Use available information technology and be able to adapt to new technological settings.

Content

FIRST BLOCK. CORPORATE TAX.
										
											
										
											UNIT 1. INTRODUCTION TO THE INCOME TAX.
										
											Applicable regulations.
										
											Nature of the tax and collection figures.
										
											Settlement structure.
										
											Nature and scope of aplication.
										
											Taxable Event. Taxpayer and taxpayer of the tax. Residence and domicile.
										
											Concept of economic activity and patrimonial entity.
										
											 
										
											
										
											UNIT 2. THE TAXABLE BASE.
										
											Regimes of determination and presumption of income and onerousness of operations.
										
											Differences with accounting regulations. Permanent and temporary.
										
											Exceptions to the accounting result: depreciation. Assumptions of freedom of amortization and accelerated amortization
										
											Exceptions to the accounting result: impairment losses and provisions.
										
											Exceptions to the accounting result in terms of valuation rules: asset transfers and corporate operations.
										
											Exceptions to the accounting result in terms of valuation rules: related operations and other special assumptions.
										
											Tax regime of certain financial lease contracts.
										
											Temporary allocation of income and expenses.
										
											Compensation of negative tax bases.
										
											Reductions in the tax base: Patent Box, capitalization reserve and leveling reserve.
										
											Applicable exemptions.
										
											 
										
											
										
											UNIT 3. FULL FEE AND TAX DEBT.
										
											Determination of the full fee. Type of general and specific tax.
										
											Deductions to avoid international legal and economic double taxation.
										
											Applicable discounts.
										
											Deductions to encourage the performance of certain activities and other temporary fee incentives. Temporary and quantitative limits.
										
											Deductions from payments on account: installment payments.
										
											 
										
											
										
											UNIT 4. TAX MANAGEMENT.
										
											Tax period and tax accrual. Settlement term.
										
											The entity index.
										
											Accounting obligations. Goods and rights not accounted for. Voluntary revaluations. Estimation of rents in the indirect estimation method.
										
											Accounting obligations. Faculties of the Tax Administration.
										
											Assets and rights not accounted for or not declared: presumption of obtaining income
										
											Voluntary accounting revaluations.
										
											Self-assessment and payment of the tax debt.
										
											Provisional settlement.
										
											Return.
										
											Practical assumptions of self-assessment of the tax with the official AEAT model (Model 200).
UNIT 5. ACCOUNTING OF CORPORATE TAX.
										
											Accounting standards for the determination of accounting profit and corporate income tax (NRV 13 PGC).
										
											Accounting reflection of deferred tax assets and liabilities.
										
											Accounting for the tax with negative tax bases.
										
											Accounting for the tax in newly created entities.
										
											Tax effects of the modification of the tax rate.
										
											Other temporary differences with reference to groups (8) and (9) in accounting for the tax.
										
											Reconciliation of the accounting result for the year with the tax base. Mention in the memory of the annual accounts.
										
											Resolution and study of practical cases.
										
											 
										
											
										
											UNIT 6. SPECIAL REGIMES.
										
											Spanish and European economic interest groups, and temporary joint ventures.
										
											Entities dedicated to the rental of housing.
										
											Tax consolidation regime. Main differences with the VAT group.
										
											Special regime for mergers, divisions, contributions of assets, exchange of securities and change of registered office of a European Company or a European Cooperative Company from one Member State to another of the European Union.
										
											International tax transparency.
										
											Tax incentives for small entities.
										
											Tax regime of certain financial lease contracts.
										
											Regime of partially exempt entities.
										
											 
										
											
										
											UNIT 7. PRACTICAL CASES AND COMPARATIVE ANALYSIS.
										
											Study of the entire tax settlement and management structure with the resolution of practical cases.
										
											Identification of the main elements of tax contingency and potentially conflicting operations with the Tax Administration, as well as preventive conciliation mechanisms (APV-APA among other programs).
										
											Collection figures and comparative analysis.
SECOND BLOCK. VAT.
										
											
										
											UNIT 1.
										
											General Background.
										
											Nature and scope of aplication.
										
											The taxable event.
										
											exemptions.
										
											Place of realization of the taxable event.
										
											Resolution of practical exercises.
										
											
UNIT 2. I accrue. General and special rules with specific reference to the billing rules of RD 1619/2012 of November 30. Tax base. General rule and special. The passive subject. Assumptions of investment of the passive subject. The tax rates. Deductions and refunds. General pro rata regime, special and differentiated sectors. Resolution of practical exercises.
UNIT 3. Special schemes. Formal obligations of taxpayers. Main aspects of management and liquidation of the tax. Collection figures and comparative analysis.
THIRD BLOCK. TAX PROCEDURE.
										
											
										
											UNIT 1.
										
											Tax procedures.
										
											 i. General principles.
										
											
										
											ii. Common rules on actions and procedures.
										
											
										
											Most common management procedures.
										
											 i. Procedure for the practice of returns.
										
											
										
											ii. Procedure initiated by declaration.
										
											
										
											iii. Data verification procedure.
										
											
										
											IV. Checking procedure values.
										
											
										
											v. Limited verification procedure.
										
											
										
											Inspection Procedure.
										
											 i. General disposition.
										
											
										
											ii. Inspection actions. Faculties. Duration and modus operandi.
										
											
										
											Collection Procedure.
										
											 i. General disposition.
										
											
										
											ii. Enforcement procedure.
										
											
										
											iii. Procedure against managers and successors.
										
											
										
											Tax violations and penalties. Most common offending types. Subjective elements of infraction.
										
											Special review procedures. Filing deadlines and characteristics.
										
											 i. Review of null and void acts.
										
											
										
											ii. Declaration of lesividad of annulable acts.
										
											
										
											iii. Revocation.
										
											
										
											IV. Error rectification.
										
											
										
											v. Return of improper income.
										
											
										
											Appeal for replacement and economic-administrative claims. Study of the procedural itinerary of appeals and claims in administrative channels, as well as of the different executive and advisory bodies for the application of taxes. Binding Consultations of the Central Administrative Economic Court and General Directorate of Taxes.
										
											Study and analysis of the most relevant jurisprudential pronouncements on the different matters of the program, with special attention to the applicable appellate jurisprudence in force of the Supreme Court in contentious-administrative matters.
										
											Main judgments of the National High Court and Superior Courts of Justice of the Autonomous Communities.
										
											Resolution practical case deliverable.

Methodology

Both theoretical and applied exercises will constitute the basis for the following activities:

A- Activities in classroom:

A1- Theory: presentation of concepts and definitions in classroom

A2- Applied exercise resolution will imply face-to-face sessions.

Note: the methodology of the Doing Business project and the OECD will be introduced as part of classroom applied sessions, to facilitate subsequent comparison between different legislations across countries.

B- Autonomous activities:

B1- The study of theoretical concepts will imply 40 hours of autonomous work.

B2- The resolution of applied exercises will imply 40.5 hours of autonomous work.

Note: Some sessions on Comparative Taxation will be held in the classroom.

C-Supervised activities:

C1- Theoretical autonomous activities will be complemented with 5 seminar (workshop like) hours, which will require one additional hour in assessment activities.

C2- Applied autonomous activities will be complemented with 10 seminar hours, which will require three extrahours in assessment activities.

C3- Students are expected to spend hours to analyse the case study which will be developed in class.

Annotation: Within the schedule set by the centre or degree programme, 15 minutes of one class will be reserved for students to evaluate their lecturers and their courses or modules through questionnaires.


Activities

Title Hours ECTS Learning Outcomes
Type: Directed      
Sessions in class to prepare the final assessment 32.5 1.3
Sessions in class to prepare the follow-up assessment 17 0.68
Type: Supervised      
Suport sessions to prepare the follow-up assessment 5 0.2
Suport to prepare the final assessment 10 0.4
Type: Autonomous      
Study and preparation for the final assessment. 34 1.36
Study and preparation for the follow-up assessment 42 1.68

Assessment

A student will be considered "Not Assessable" in the subject as long as he has not participated in any of the assessment tests. If you do any, it can no longer be considered "Not Assessable".
										
											
										
											 
										
											
										
											Any student with a grade of less than 3.5 points in the final knowledge test will be considered suspended.
										
											
										
											This subject does not offer the option for comprehensive evaluation.
										
											
										
											Calendar of evaluation activities.
										
											
										
											 
										
											
										
											The dates of the different evaluation tests (partial exams, exercises in the classroom, delivery of assignments, ...) will be announced well in advance during the semester.
										
											
										
											 
										
											
										
											The date of the final exam of the subject is programmed in the exam calendar of the Faculty.
										
											
										
											 
										
											
										
											"The programming of the evaluation tests cannot be modified, unless there is an exceptional and duly justified reason why an evaluation act cannot be carried out. In this case, the people responsible for the degrees, after consulting the teaching staff and to the affected student body, they will propose a new program within the corresponding school period." Section 1 of Article 115.
										
											
										
											 
										
											
										
											Calendar of assessment activities (UAB Academic Regulations).
										
											
										
											 
										
											
										
											The students of the Faculty of Economics and Business who, in accordance with the previous paragraph, need to change an evaluation date must submit the request by filling out the document Test rescheduling request https://eformularis.uab.cat/group/deganat_feie/solicitud -rescheduling-tests
										
											
										
											 
										
											
										
											Grade Review Procedure.
										
											
										
											 
										
											
										
											Coinciding with the final exam, the day and medium in which the final grades will be published will be announced. In the same way, the procedure, place, date and time of the review of exams will be informed in accordance with the regulations of the University.
										
											
										
											 
										
											
										
											Recovery Process.
										
											
										
											 
										
											
										
											"To participate in the recovery process, students must have been previously evaluated in a set of activities that represents a minimum of two thirds of the total grade for the subject or module." Section 3 of Article 112 ter.Recovery (UAB Academic Regulations). The students must have obtained an average grade for the subject between 3.5 and 4.9.
										
											
										
											 
										
											
										
											The date of this test will be scheduled in the exam calendar of the Faculty. The student who attends and passes it will pass the subject with a grade of 5. Otherwise, he will maintain the same grade.
Irregularities in evaluation acts.
										
											
										
											 
										
											
										
											Without prejudice to other disciplinary measures deemed appropriate, and in accordance with current academic regulations, "in the event that the student performs any irregularity that may lead to a significant variation in the grade of an evaluation act, they will be graded with a 0 this act of evaluation, regardless of the disciplinary process that is
										
											
										
											 
										
											
										
											can instruct. In the event that various irregularities occur in the evaluation acts of the same subject, the final grade for this subject will be 0". Section 10 of Article 116. Evaluation results. (UAB Academic Regulations).
										
											
										
											 
										
											
										
											Evaluation activities.
										
											
										
											 
										
											
										
											Control 1. Corporate Tax type test. Weighting 25%.
										
											Control 2. VAT test type. Weighting 15%.
										
											Deliverable exercise. Tax Procedure Weighting 10%.
										
											Final knowledge test (a minimum grade of 5 must be obtained in order to be eligible for approval). Weighting 50%.

Assessment Activities

Title Weighting Hours ECTS Learning Outcomes
Control 1. Multiple choice. Income Tax. Weighting 25 % 25% 1.5 0.06 1, 2, 3, 4, 5, 6, 8
Control 2. Multiple choice. VAT. Weighting 15 %. 15% 1 0.04 1, 2, 3, 4, 5, 7, 6, 8
Deliverable exercise. Tax procedure. 10 % 5 0.2 4, 6
Final exam 50% 2 0.08 1, 2, 3, 4, 5, 6, 8

Bibliography

  1. Impuesto sobre sociedades (1). Régimen general. Comentarios y casos prácticos. 2022 

https://tienda.cef.udima.es/libros/impuesto-sociedades-regimen-general-1-comentarios-casos-practicos-2022.html

 Autor: Fernando Borrás Amblar, José Vicente Navarro Alcázar.

 Impuesto sobre el valor añadido. Comentarios y casos prácticos (2 volúmenes).

https://tienda.cef.udima.es/libros/impuesto_valor_anadido_comentarios_casos_practicos.html

 Autor: Antonio Longás Lafuente.

 Ley 27/2014, de 27 de noviembre, del Impuesto sobre Sociedades. Noticias Jurídicas.

 Real Decreto 634/2015, de 10 de julio, por el que se aprueba el Reglamento del Impuesto sobre Sociedades. Noticias Jurídicas.

 Ley 58/2003, de 17 de diciembre, General Tributaria. Noticias Jurídicas.

 Ley 37/1992, de 28 de diciembre, del Impuesto sobre el Valor Añadido y Real Decreto 1624/1992, de 29 de diciembre, que aprueba el Reglamento del Impuesto sobre el Valor Añadido.

 Real Decreto 1619/2012, de 30 de noviembre, por el que se aprueba el Reglamento por el que se regulan las obligaciones de facturación.

 Material en diapositivas que entregará el profesor para el seguimiento de las diferentes materias.

 Sentencias del Tribunal Supremo y Audiencia Nacional de la Sala Contencioso Administrativa.

 Sentencias de TSJ de las Comunidades Autónomas.

 Doctrina Administrativa evacuada por el TEAC y DGT.


Software

Excel, Power Point, Word