Duration
12h Th
Number of credits
| Advanced Master in Tax Law | 2 crédits |
Lecturer
Language(s) of instruction
French language
Organisation and examination
Teaching in the second semester
Schedule
Units courses prerequisite and corequisite
Prerequisite or corequisite units are presented within each program
Learning unit contents
The course examines the advisability of using an asset management company for civil law reasons as well as for tax optimisation purposes.
The first part will recall corporate law, particularly analysis of different forms of companies in light of the Belgian Code des Sociétés et Associations (CSA). The reasons behind the origins of asset management companies will be examined. This will be followed by an in-depth analysis of asset transfers to asset management companies, regarding registration fees and income tax. The delicate issue of capital gains, particularly internal capital gains, will be addressed.
The second part will look at how asset management companies operate both in terms of direct contributions and from the perspective of estate planning. How is the taxable result determined? What corporation tax is applicable? What tax regime applies to capital gains on the assets? The detail of how to retain control over the asset management company will then be looked at in detail, as well as techniques for deriving income or financial flows from the company.
In the third part, the course will analyse the civil and fiscal aspects of the sale of shares in asset management companies, both free of charge and in return for payment.
The fourth part will study the dissolution and liquidation of asset management companies, in line with corporation law and tax law.
Finally, the course will end with a cross-cutting practical exercise allowing students to apply the principles covered in class to a practical situation.
Learning outcomes of the learning unit
By the end of the course, students should be able to analyse a practical situation and identify when and under which conditions the use of an asset management company is of interest, particularly from a civil and tax perspective.
Prerequisite knowledge and skills
Students should already have a basic understanding of the law on contracts, matrimonial regimes, gifts, and direct taxation.
They must master the general principles of corporate law.
Students who need to refresh their knowledge in greater depth than the reminders given in class may contact the lecturer who will recommend relevant reading.
Planned learning activities and teaching methods
Lectures are fully supported by a publication written by the lecturer. Students must have a copy of this publication.
Practical examples are given orally to illustrate the classes.
Students are strongly encouraged to actively participate by asking questions. The small group sizes allow for this type of interaction.
Mode of delivery (face to face, distance learning, hybrid learning)
Face-to-face course
Further information:
This course takes place exclusively in class.
Additional information:
The course takes place exclusively in class.
Additional explanations:
The course combines theoretical presentations and practical cases.
Students are strongly recommended to attend to facilitate interaction.
The classes are not recorded.
Students must have a copy of the Belgian Civil Code, the Belgian Companies Code, and the Belgian Tax Code, which may be annotated for the purposes of the final exam.
Course materials and recommended or required readings
Platform(s) used for course materials:
- eCampus
Further information:
Compulsory reading:
*Students must have a copy of the publication drafted by the lecturer which serves as a written support for the course.
Recommended reading:
*Recommended reading will refresh students' knowledge of civil law and corporate law.
Exam(s) in session
Any session
- In-person
oral exam
Further information:
Students must be able to cite the principles and concepts taught, explain them, and identify them in the cases submitted to them, which they will be asked to resolve.
Students will be assessed on their understanding of the principles and concepts as well as on their ability to construct a coherent and critical legal argument.
Work placement(s)
No internship required.
Organisational remarks and main changes to the course
Both during class and the exam, students must have a copy of the Belgian Civil Code, the Belgian Companies Code, and the Belgian Tax Code, which may be annotated.
Contacts
Students may contact the lecturer by email or telephone at the following addresses:
l.herve@herve-law.be
04/343.53.33