Universität Wien

040244 SE Seminar Economic Law (MA) (2023S)

Tax Law

4.00 ECTS (2.00 SWS), SPL 4 - Wirtschaftswissenschaften
Continuous assessment of course work
MIXED

Die Anmeldung erfolgt ausschließlich über U:SPACE. Nach dem Zuteilungslauf werden den für das Seminar fix angemeldeten Studierenden eine Themenliste zur Auswahl per EMail zugesandt.

Registration/Deregistration

Note: The time of your registration within the registration period has no effect on the allocation of places (no first come, first served).

Details

max. 24 participants
Language: German

Lecturers

Classes (iCal) - next class is marked with N

This course is held in German.
The course will take place both online (preliminary meeting) and in presence (introduction to legal research and presentations) at Oskar-Morgenstern-Platz.

Wednesday 01.03. 10:00 - 11:00 Digital
Friday 17.03. 08:00 - 14:45 Hörsaal 3 Oskar-Morgenstern-Platz 1 Erdgeschoß
Wednesday 22.03. 09:45 - 11:15 Hörsaal 14 Oskar-Morgenstern-Platz 1 2.Stock
Monday 22.05. 08:00 - 16:30 Seminarraum 5 Oskar-Morgenstern-Platz 1 1.Stock
Tuesday 23.05. 08:00 - 16:30 Seminarraum 6 Oskar-Morgenstern-Platz 1 1.Stock

Information

Aims, contents and method of the course

In terms of content, the seminar deals with special issues of tax law with a focus on corporate tax law. On the basis of current court decisions, the different lines of argumentation are being analysed and discussed in a practical manner. Thereby, the knowledge on tax law (acquired in previous courses) will be applied to solve complex cases, while at the same time providing further training in jurisprudential working techniques.
Based on a concrete and current court decision, two students in each team are to comprehensively work through the relevant arguments for and against the various possible solutions and interpretations, present them and then discuss them in the plenary session. Subsequently, each seminar participant has to write a written seminar paper on the respective case and the legal issues dealt with therein. The seminar thus essentially consists of two parts: a presentation (together with the partner) and a written paper (alone).
All seminar participants are expected to have a very good knowledge of tax law and an appropriate preparation for the respective seminar topics and court decisions. The aim of the course is not to teach the material, but to critically examine special topics on the basis of practical cases and to practice legal subsumption and argumentation techniques in tax law. Without adequate preparation it will not be possible to follow the contents of the presentations and to participate in the discussion.

Assessment and permitted materials

TThe performance assessment is made by awarding a maximum of 100 points in total. These result as follows:
• Legal research exam 10 points
• Submission of a disposition. A total of 14 points can be achieved for this performance
• Presentation und Discussion following the presentation, for which a maximum of 20 points can also be achieved. During this discussion, students should demonstrate that they understand the legal issue(s) underlying the decision as well as the literature and other case law on the subject. Further, the students shall be able to argue legally and to contrast and weigh the arguments.
• Participation during the course will be assessed with up to 6 points. This will be done by asking questions about the cases following the respective presentation sessions (in December) on Moodle.
• Written seminar paper, for which 50 points will be awarded. A positive evaluation of the written seminar paper (i.e. at least 25,5 points) is required for the positive completion of the seminar.

Minimum requirements and assessment criteria

CConsistent attendance at ALL dates (incl. preliminary meeting) is mandatory!

The written seminar paper will be evaluated on the basis of the common criteria for the writing of legal papers (will be announced in the course of the seminar). A positive evaluation of the seminar paper (at least 50,5 points) is required for the positive completion of the seminar!
Cooperation and participation in the discussions (see type of performance assessment) is expected.

Grade key: Subject to a positively assessed seminar paper (at least 15,5 points).
From 50,5 points: sufficient (4)
From 63,5 points: satisfactory (3)
From 75 points: good (2)
From 87,5 points: very good (1)

Examination topics

The performance assessment is made by awarding a maximum of 60 points in total. These result as follows:
• Submission of a disposition and the presentation of a court decision. A total of 12 points can be achieved for this performance (6 points for disposition and 6 points for presentation).
• Discussion following the presentation, for which a maximum of 10 points can also be achieved. During this discussion, students should demonstrate that they understand the legal issue(s) underlying the decision as well as the literature and other case law on the subject. Further, the students shall be able to argue legally and to contrast and weigh the arguments.
• Participation during the course will be assessed with up to 8 points. This will be done by asking questions about the cases following the respective presentation sessions (in December) on Moodle.
• Written seminar paper, for which 30 points will be awarded. A positive evaluation of the written seminar paper (i.e. at least 15,5 points) is required for the positive completion of the seminar.

Reading list

Für alle Seminarteilnehmer*innen:
Peter Bydlinski, Grundzüge der juristischen Methodenlehre, 3. Auflage 2018 (151 Seiten; ISBN-10: 3825249751; ISBN-13:978-3825249755)
Dax/Hopfer, AZR - Abkürzungs- und Zitierregeln der österreichischen Rechtssprache und europarechtlicher Rechtsquellen, MANZ Verlag, 8. Auflage, 2019
Doralt/Ruppe, Steuerrecht Band I12 (2019) ISBN 978-3-214-05430-4
Doralt/Ruppe, Steuerrecht Band II8 (2019) ISBN 978-3-214-05428-1
+ die einschlägige Fachliteratur zum jeweiligen Seminarthema

Association in the course directory

Last modified: Th 11.05.2023 11:27