Expenditure Tax

Recommended Prerequisites

n.a.

Teaching Methods

1. Theoretical and practical explanation

2. Assessment, discussion and debate of the case-law of the Court of Justice concerning certain issues selected for that purpose.

Learning Outcomes

The programme aims in an early stage to revisit the fundamental aspects of the mechanics and workings of Value Added Taxes. Later, and with detail, matters of greater complexity will be dealt with, such as the place of taxable transactions, right of deduction, and issues as taxable persons where the input tax on goods and services of common use (in transactions which grant and in transactions which do not grant the right of deduction) is only partially deductible (methods of actual use and pro rata or percentage deduction). VAT tax regime in intra-community trade and special schemes using the direct subtractive method (travel agencies and tour operators, and second-hand goods, works of art, collectors’ items and antiques) are also analysed. Texts prepared by the teacher in charge, the VAT Code and supplementary legislation, and some judgments of the Court of Justice of the European Union will be teaching support materials of this course unit.

Work Placement(s)

No

Syllabus

Characterization of the essential aspects of VAT as a general tax on consumption:

1 – The various forms of taxing expenditure or consumption.

2 – The origin and expansion of VAT and its current importance as a general model of taxing expenditure.

3 – The key aspects of the design of Portuguese VAT:

3.1. The subjective incidence. The concept of the reversal of the taxable person or reverse charge.

3.2. The actual incidence.

3.3. The place of the transactions as a prerequisite for tax liability. The place criteria.

3.4. Exemptions. The destination principle in international trade. Intra-community transactions.

3.5. Taxable value and differentiation of rates.

3.6. The mechanism of the right of deduction as a sine qua non for the characterization of the tax as levied on the value added.

3.7. Liability to pay and the ancillary obligations regarding it and the legal construction in which the tax is based.

3.8. Special scheme for small undertakings.

Head Lecturer(s)

Ana Maria Gomes Rodrigues

Assessment Methods

Final
Exam: 100.0%

Bibliography

1. Sumários desenvolvidos elaborados pela docente.

2. Código do IVA e Regime do IVA nas Transacções Intracomunitárias.

3. Legislação Complementar.

4. Directiva 2006/112/CE, do Conselho, de 28 de Novembro de 2006.

5. Acordãos do TJUE em matérias específicas e Conclusões do Advogado Geral no Processo.

6. BASTO, José Guilherme Xavier de — A tributação do consumo e a sua coordenação internacional : lições sobre harmonização fiscal na Comunidade Económica Europeia. Lisboa : Centro de Estudos Fiscais da DGCI, 1991.