International Taxation and Tax Planning

2021/2022

Учебный год

ENG

Обучение ведется на английском языке

5

Кредиты

Кто читает:

Практико-ориентированные магистерские программы факультета экономических наук

Статус:

Курс по выбору

Когда читается:

1-й курс, 3 модуль

Course Syllabus

Abstract

To follow the course «International Taxation and Tax Planning» basic courses in Taxation and Corporate Finance are a recommended prerequisite. The following methods and forms of study are used in the course: ‒ Lectures; ‒ Classes (in-class case studies, work in small teams, presentations, discussion); ‒ Home reading (mostly supplementary); ‒ Self-study; ‒ Exam assignment.

Learning Objectives

• The course provides with general glimpse on the functions, elements and principles of construction of a tax system, taxes and duties, tax planning. It helps to get acquainted more thoroughly with actual instruments, used by the holding companies in the process of tax planning. It emphasizes attention on actual international tax legislation: - Model Tax Conventions, used by the countries under conclusion of Double Tax Treaties; - Transfer pricing legislation; - Fiscal Unities; - measures, accepted in the frames of counteraction to Base Erosion and Profit Shifting (BEPS); - Controlled Foreign Companies; - Horizontal tax monitoring and tax rulings; - Order of judicial settlement of tax disputes.

Expected Learning Outcomes

• Be able to apply 5 transfer pricing assessment methods
• Be able to characterize the tax advantages of a fiscal unity
• Be able to describe the process of regulation of the international tax disputes
• Be able to describe the stages of the process of appeal of the decision of a tax authority
• Define and know main principles of international taxation, discuss the main trends in the development of international taxation, including BEPS measures
• Know how to construct legal tax optimization schemes with the use of international tax legislation
• Know key techniques of preparation of transfer pricing documentations for different types of deals with tangible and intangible assets
• Know main instruments of adjustment of a tax system of a company with tax authorities: tax monitoring (or horizontal tax monitoring), APA, tax ruling
• Know the criterions of attribution of companies to CFC in accordance with the international and Russian practice, define a CFC in accordance with the tax legislation of the Russian Federation
• Know the criterions of formation of the PE
• Know the criterions of formation of the PE of a construction site
• Know the difference between the different articles of the Model Tax Conventions (OECD and UN)
• Solve cases on the themes of the course

Course Contents

• Tax System
• Tax Planning
• International Tax Planning
• Principles of International Tax Planning
• International Double Taxation and Methods of Its Elimination. Model Tax Conventions (US, OECD, UN). Double Tax Treaties
• Permanent Establishment
• Fiscal Unity
• Transfer Pricing. History of the Development of the Transfer Pricing Tax Legislation. Main Principles of the Transfer Pricing
• Base Erosion and Profit Shifting – BEPS
• CFC (controlled foreign company)
• Horizontal (Tax) Monitoring and Tax Ruling as a Form of Counteraction of Tax Payer with Tax Authority
• VAT
• Registration of a company in a foreign jurisdiction
• Regulation of tax disputes (within country and at international level)

Assessment Elements

• Continuous assessment
  Elements of the control exceeding 30% out of the total grade can be retaken according to the rules of NRU HSE. Both cumulative and final exam marks are rounded to an integer number (0-10) according to general mathematical rules. Rounding of cumulative mark is applied only in the end of the course. Components of the cumulative mark are not rounded. None of the components of the mark is blocking.
• Final exam
  Elements of the control exceeding 30% out of the total grade can be retaken according to the rules of NRU HSE. Both cumulative and final exam marks are rounded to an integer number (0-10) according to general mathematical rules. Rounding of cumulative mark is applied only in the end of the course. Components of the cumulative mark are not rounded. None of the components of the mark is blocking.
• Individual and group homework assignments, tests on the understanding of the key regulative norms
  Elements of the control exceeding 30% out of the total grade can be retaken according to the rules of NRU HSE. Both cumulative and final exam marks are rounded to an integer number (0-10) according to general mathematical rules. Rounding of cumulative mark is applied only in the end of the course. Components of the cumulative mark are not rounded. None of the components of the mark is blocking

Interim Assessment

• 2021/2022 3rd module
  0.4 * Final exam + 0.36 * Continuous assessment + 0.24 * Individual and group homework assignments, tests on the understanding of the key regulative norms

Bibliography

Recommended Core Bibliography

• Principles of international taxation, Oats, L., 2017
• VLADIMIR Panskov. (2018). Tax Benefits: Theory and Practice.

Recommended Additional Bibliography

• Chand, V. (2018). The Interaction of Domestic Anti-Avoidance Rules with Tax Treaties - (with special considerations for the BEPS project).