2023-2024 / DROI2019-3

Savings and insurance taxation

Duration

18h Th

Number of credits

 Advanced Master in Tax Law3 crédits 

Lecturer

Frédéric Janssen

Language(s) of instruction

French language

Organisation and examination

Teaching in the second semester

Schedule

Schedule online

Units courses prerequisite and corequisite

Prerequisite or corequisite units are presented within each program

Learning unit contents

1. Direction of the course The course on taxation of savings and insurance aims to study the tax regime applicable to income from capital investments in different equities and contractual supports offered by banks, the financial markets and insurance companies. The taxation of tangible investment strategies will be covered based on the main schemes, considered from the perspective of the private investor.
2. Content a. Introduction: the general context of savings operations (generic analysis of investment contracts: economic and legal considerations).
b. Elements of the normative framework to prevent and combat fraud: (i) transparency norms and automatic exchange of tax related information; (ii) tax regime applicable to "legal constructions" ("Cayman" tax); (iii) Law of 21 July 2016 aiming to establish a permanent system of tax and social regulations.
c. Placements in general: (i) description of placement instruments (deposits, stocks, obligations, derived financial instruments, collective placement bodies, insurance placement bodies); (ii) examination of the tax regime from the perspective of a natural person saver: direct and indirect taxation (tax on stock exchange operations, annual tax on share accounts, annual tax on insurance operations, donation and succession obligations applicable to investment supports covered in the course by ME Bruyère);
d. Savings with a view to building an additional retirement income (i) third pillar structures; (ii) second pillar structures (including the new pension agreement for independent workers, CPTI).

Learning outcomes of the learning unit

By the end of the course, students should be able to:
- Demonstrate familiarity with the concepts, contractual structures and normative provisions inherent in forms of carrying assets, bank savings, financial markets and insurance products such as: the Common Reporting Standard (CRS), trusts, fiduciary relation, the crime of money laundering, trackers, Directive 2014/107/EU, etc.
- Describe the taxation regime of an instrument/savings or investment structure (stocks and obligations, SICAV, insurance bonds, savings-pension account, etc.) of a financial contract in general (e.g. the "swap" contract).
- Identify the problem set out in a case, identify the legal rules or regulations that apply to the case and justify their application.
- Help a third party to choose a savings or investment product, with full understanding of the relevant tax regime.

Prerequisite knowledge and skills

Courses in tax law for a minimum of 30 hours, covering in particular the general subject of income from movable goods.

Planned learning activities and teaching methods

Lectures with interaction wth the students.

Mode of delivery (face to face, distance learning, hybrid learning)

Face-to-face course


Additional information:

Theoretical presentations illustrated with examples and practical cases, developed during class with full participation from students.
As necessary, depending on the active participation of students and how well they are prepared, the practical cases could be used in a more didactic way to cover part of the course.
Students are therefore encouraged to prepare specific points regarding the subject in advance.

Recommended or required readings

Text of Powerpoint slides on-line.

Exam(s) in session

Any session

- In-person

oral exam

- Remote

oral exam


Additional information:

Oral exam: students will have 15 minutes preparation time to analyse a case given to them.
Students will be assessed on their mastery of concepts and principles, their ability to construct coherent legal reasoning respecting the hierarchy of norms and legal principles.

Work placement(s)

Organisational remarks and main changes to the course

Contacts

The teacher may be contacted through the secretary outside office hours (laetitia.debraz@ulg.ac.be).

Association of one or more MOOCs

Items online

Notes de cours
L'ensemble des notes de cours est disponible sur le campus HD.