Tax Law
Keywords |
Classification |
Keyword |
OFICIAL |
Legal Sciences |
Instance: 2015/2016 - 1S
Cycles of Study/Courses
Teaching language
Suitable for English-speaking students
Objectives
The aim of this subject is to inform the students of the legal framework of the Tax System. The contents include an introductory part specially designed to inform the students on the main tax law concepts, as well as the main rules and principles applicable to the tax relation. In the second part of the contents, the students are given a general overview of the Portuguese Tax System, as well as specific analyses of the main Portuguese income and expense taxes.
Learning outcomes and competences
The aim of this subject is to provide students with the knowledge enabling them to construe and apply the rules and principles of Portuguese tax system.
Working method
Presencial
Program
I – TAX LAW: 1´– Financial activity, Financial Law and Tax Law. 2. Tax Law: nature and autonomy. 3 – Tax Law and other Law disciplines.
II - TAXES: 1 – Taxes: definition and main characteristics; 2 – Taxes essential elements; 3 – Taxes and similar contributions; 4 – Taxes classification.
III – TAX LAW SOURCES: 1 – Constitution, International Conventions, EU Law, Law, Regulations, Contracts, Court Decisions, the Legal Literature and the Usages. 2 – Tax Law codification. EU tax harmonization. 3 – The General Tax Law, The Code of Taxation Procedure and Proceedings and the Complementary Regime for Tax Inspection Procedure.
IV – Tax Law Interpretation and Integration: 1 – Tax Law Interpretation; 2 – Tax Law Integration.
V – TAX LAW APPLICATION: 1 – Entry into force and termination of Tax Laws; 2 - The Territoriality Principle; 3 – The O.C.D.E Convention regarding Double Taxation.
VI – Tax Legal Relation: 1 – The Tax Legal Relation; 2 – The Tax Legal Relation Parties; 3 – The Tax Legal Relation Object; 4 – Constitution and modification of the Tax Legal Relation; 5 – The Tax Legal Relation Termination.
VII – Tax Guarantees: 1 – General Guarantees; 2 – Special Guarantees.
VIII – Taxpayers Guarantees: 1 – Non-litigation Guarantees; 2 – Litigation Guarantees: Judicial and Administrative.
IX – The Portuguese Tax System: 1 – Portuguese Tax System Overview; 2 – Main taxes: income, expense and quasi-fiscal taxes; 3 – Personal Income Tax (IRS); 4 – Corporate Income Tax (IRC); 5 – Property taxes; 6 – Value Added Tax (IVA); 7 – Special taxes; 8 – Tax Benefits; 9 – Tax planning, transfer pricing and anti-abuse clauses.
Mandatory literature
José Casalta Nabais; Direito Fiscal, Almedina, 2015. ISBN: 9789724060088
Manuel Henrique de Freitas Pereira; Direito Financeiro e Tributário, Almedina, 2014. ISBN: 9789724058450
Américo Brás Carlos; Impostos - Teoria Geral, 4ª ed., Almedina, 2014
Jónatas E. M. Machado e Paulo Nogueira da Costa; Curso de Direito Tributário, Coimbra Editora, 2012
J. L. Saldanha Sanches; Manual de Direito Fiscal, 3ª ed., Coimbra Editora, 2007
Diogo Leite de Campo, Benjamim Silva Rodrigues e Jorge Lopes de Sousa; Lei Geral Tributária - Anotada e Comentada, Encontro da Escrita, 2012. ISBN: 9789899763517
Diogo Leite de Campos e Mônica Horta Neves Leite de Campos; Direito Tributário, reimp. 2ª ed., Almedina, 2003
António Braz Teixeira; Princípios de Direito Fiscal, Volume I, 3ª ed., Almedina, 1989
António Lima Guerreiro; Lei Geral Tributária Anotada, 2000
Clotilde Celorico Palma; Introdução ao Imposto Sobre o Valor Acrescentado (N.º 1 da Colecção), Almedina, 2014. ISBN: 9789724056562
Rui Duarte Morais; Sobre o IRS, 4ª ed., Almedina, 2014
José Guilherme Xavier de Basto; IRS - Incidência Real e Determinação dos Rendimentos Líquidos, Coimbra Editora, 2007
Complementary Bibliography
Soares Martínez; Direito Fiscal, Almedina, 2003
Vítor Faveiro; O Estatuto do Contribuinte, Coimbra Editora, 2002
Alberto Xavier; Manual de Direito Fiscal, Almedina, 1974
Teaching methods and learning activities
Considering the Theoretical & Practical scope of this subject, the adopted teaching procedures are the following: (i) Presentation of the main concepts of Tax Law; (ii) After the theoretical presentation of each item in the Contents, the students are presented with case studies, which are jointly analysed during the classes.
Evaluation Type
Distributed evaluation with final exam
Assessment Components
Designation |
Weight (%) |
Exame |
100,00 |
Total: |
100,00 |
Amount of time allocated to each course unit
Designation |
Time (hours) |
Estudo autónomo |
42,00 |
Frequência das aulas |
42,00 |
Total: |
84,00 |
Eligibility for exams
Distributed evaluation or final exam.
A - Distributed evaluation
1. In the case of distributed evaluation, students will be submitted to two written tests, representing 40% and 60% of the grade, respectively.
2. Approval will be given to students that, within those two tests, have averaged a classification equal or better than ten points (in a maximum of twenty points), as long as none of the tests has been graded below six points.
3. Written tests will be held within class, separately for each group.
B – Final Exam
1. Evaluation is made through final exam (written test), to be held in a previously designated date.
2. Approval will be given to students whose final exam is graded equal or better than ten points (in a maximum of twenty points).
C – Common rules
All situations not specifically stated above will be ruled by the Knowledge Evaluation Regulation.
Calculation formula of final grade
A – Two tests (a+b), according to this formula: final grade=a*40%+b*60%.
B - Final exam 100%.