COURSE DESCRIPTION AND APPLICATION INFORMATION

Course Name Code Semester T+A+L (hour/week) Type (C / O) Local Credit ECTS
Emerging Problems of International Tax Law KH 542 Fall-Spring 03+00+00 Elective 3 7.5
Academic Unit: School of Graduate Studies
Mode of Delivery: Face to face
Prerequisites: -
Language of Instruction: Turkish
Level of Course Unit: Graduate
Course Coordinator: Alara Efsun YAZICIOĞLU
Course Objectives: Understanding the current problems of international tax law, which is harmonized to a great extent by virtue of the OECD Model Convention’s significant level of acceptance among coutries. Such problems are due to a number of reasons, most notably to technological developments and agressive tax planning. The course also aims to demonstrate the practical impact of the problems concerned in taxation.
Course Contents: Discussing the recently emerged, and not yet completely solved, problems of international tax law along with the potential legal problems that may arise in the near future. The effectiveness of remedies planned or implemented by different countries will also be analysed from an international tax law point of view.
Learning Outcomes of the Course Unit (LO):
  • 1- Grasping the general system of international tax law
  • 2- Understanding the limits of state cooperation as well as the underlying reasons and the impact of such limits in the area of international tax law
  • 3- Understanding the basics of the OECD’s BEPS (Base Erosion and Profit Shifting) project and the scope of application of the MLI signed by the member states as a result of the project concerned
  • 4- Understanding the international tax law issues arising from e-commerce
  • 5- Grasping the international tax law issues arising from taxation of multinational corporate groups
  • 6- Understanding the concept of ‘international tax competition’ and the impact of such competition
  • 7- Being able to differentiate ‘agressive tax planning’, ‘tax avoidance’ and ‘tax fraud’, being able to recognise the most commonly used tax planning methods, acquiring a general knowledge of measures taken by different countries on these issues
  • 8- Being able to analyse the Turkish tax system in the light of the international developments
Planned Learning Activities and Teaching Methods: Lecture, discussion, research assignments, exam.


WEEKLY SUBJECTS AND RELATED PREPARATIONS

WeekSubjectsRelated Preperation
1 General system of international tax law Reading the relevant chapter(s) of the textbook(s) as well as the decisions/articles chosen by the lecturer.
2 Concept of ‘residence’ in international tax law and frequently encountered problems Reading the relevant chapter(s) of the textbook(s) as well as the decisions/articles chosen by the lecturer.
3 BEPS Project and the MLI Reading the relevant chapter(s) of the textbook(s) as well as the decisions/articles chosen by the lecturer.
4 E-commerce and the concept of ‘permanent establishment’ Reading the relevant chapter(s) of the textbook(s) as well as the decisions/articles chosen by the lecturer.
5 Concepts of ‘virtual permanent establishment’ and ‘Digital Tax’ Reading the relevant chapter(s) of the textbook(s) as well as the decisions/articles chosen by the lecturer.
6 Corporate groups and transfer pricing Reading the relevant chapter(s) of the textbook(s) as well as the decisions/articles chosen by the lecturer.
7 Midterm Exam
8 EC’s Common Consolidated Corporate Tax Base (CCCTB) project and VAT grouping/joint registration Reading the relevant chapter(s) of the textbook(s) as well as the decisions/articles chosen by the lecturer.
9 EC’s ‘State Aid’ control regarding the tax privileges granted to multinational corporate groups Reading the relevant chapter(s) of the textbook(s) as well as the decisions/articles chosen by the lecturer.
10 International tax competition Reading the relevant chapter(s) of the textbook(s) as well as the decisions/articles chosen by the lecturer.
11 Concepts of ‘agressive tax planning’, ‘tax avoidance’ and ‘tax fraud’ Reading the relevant chapter(s) of the textbook(s) as well as the decisions/articles chosen by the lecturer.
12 Examples of agressive tax planning and tax avoidance from the past, present and the near future. Dutch Sandwich, Double Irish and Single Malt. Reading the relevant chapter(s) of the textbook(s) as well as the decisions/articles chosen by the lecturer.
13 State cooperation in the area of international tax law, exchange of information, FATCA Reading the relevant chapter(s) of the textbook(s) as well as the decisions/articles chosen by the lecturer.
14 Non-discrimination, Mutual Agreement Procedure and Arbitration in International Tax Law Reading the relevant chapter(s) of the textbook(s) as well as the decisions/articles chosen by the lecturer.


REQUIRED AND RECOMMENDED READING

1) Işık H., Uluslararası Vergilendirme
2) Holmes K., International Tax Policy and Double Tax Treaties
3) Thuronyi V., Comparative Tax Law


OTHER COURSE RESOURCES

1) OECD Model Tax Convention on Income and on Capital and its Commentary
2) Court decisions rendered by different countries
3) Chosen academic articles (from various publications of IBFD and Kluwer Law)


ASSESSMENT METHODS AND CRITERIA

Semester RequirementsNumberPercentage of Grade (%)
Homework Assignments 1 20
Midterms / Oral Exams / Quizes 1 20
Final Exam 1 60
Total: 3 100


WORKLOAD

EventsCountDuration (Hours)Total Workload (hour)
Course Hours14342
Homework Assigments12560
Extra-Class Activities (reading,individiual work, etc.)14456
Midterms / Oral Exams / Quizes11212
Final Exam117.517.5
Total Workload (hour):187.5


THE RELATIONSHIP BETWEEN COURSE LEARNING OUTCOMES (LO) AND PROGRAM QUALIFICATIONS (PQ)

# PQ1 PQ2 PQ3 PQ4 PQ5 PQ6 PQ7 PQ8 PQ9
LO1 3 3 2 2 1 1 1 2 3
LO2 3 3 2 2 1 1 1 2 3
LO3 3 3 2 2 1 1 1 2 3
LO4 3 3 2 2 1 1 1 2 3
LO5 3 3 2 2 1 1 1 2 3
LO6 3 3 2 2 1 1 1 2 3
LO7 3 3 2 2 1 1 1 2 3
LO8 3 3 2 2 1 1 1 2 3