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Liability of the state for damage caused in relation to the administration of taxes with focus on security orders
Bareš, Martin ; Vybíral, Roman (advisor) ; Kotáb, Petr (referee)
This rigorous thesis consists of three chapters, an introduction and a conclusion. In the introduction of this thesis, the author explains the reasons for the choice of the given topic, defines the objectives of the thesis and its systematics. The author also describes the methodology of the thesis and the sources. In the first chapter, the author defines the concept of tax administration. In the second chapter author focus on security orders, conditions for its issuance and consequences of their issuance, as well as termination of their effectiveness are discussed in detail. In the third chapter, the author introduces the reader to the legal regulation of the state liability for damage caused in the exercise of public authority, where attention is paid to individual issues of this institute. In particular, the prerequisites for state liability for damage, the issues of limitation, obliged and entitled persons and the specifics of the claim for compensation against the state. The focus of the thesis is in its fourth chapter, which deals with the liability of the state for damages caused by tax administration. In this chapter, the author applies the general conclusions adopted in the previous chapters to the issue of the tax administrator's misconduct in tax administration. In the first subchapter,...
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Recovery Plan for Europe in Response to the Covid Crisis
Mikulka, Martin ; Kotáb, Petr (referee)
This diploma thesis is focused on the Recovery Plan for Europe, which is also sometimes called NextGenerationEU. This is one of the measures which were taken at the European Union level in response to the coronavirus crisis and its consequences in order to support the economic recovery of the EU Member States. The main aim of the diploma thesis is to analyse the legal- economic aspects of the EU instrument adopted under the title Recovery Plan for Europe, or also NextGeneration EU, and its functioning. The diploma thesis is divided into two large sections. The first one consists of parts 1 to 3 and the second one of parts 4 and 5. The first descriptive-analytical section initially describes the macroeconomic principles of crises and possible response steps to them so that it could be explained how, especially in the fiscal area, it is possible to react to crises from which economies cyclically suffer, taking the specificities of the European Union into account. Afterwards, the traditional EU fiscal instruments, in particular the Multiannual Financial Framework and the EU budget, are described and the extent to which these instruments can be used to respond to crisis situations, such as the coronavirus crisis, is analysed. The impacts of the coronavirus crisis are also subject to a brief discussion....
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International and intranational aspects of the double taxation
Chonka, Ivan ; Kotáb, Petr (advisor) ; Vybíral, Roman (referee)
International and intranational aspects of the double taxation Abstract This diploma thesis describes history (the recent one at least) of the need to regulate the taxation of international entities operating in more than one tax jurisdiction, its origins and the early efforts to create tax treaties preventing double taxation and the history of first internationally operating companies. It also compares tax treaties concluded between Czech Republic, Liechtenstein and Ireland, because there is a long-time gap between ratification of each of them, and thus we can observe, how did the Czech base tax treaty model change for this specific type of treaties during those years. The diploma thesis also summarizes differences between the treaties, provides a wider context regarding their basis, describes the specifics of Czech base model and evaluates the distinctions from the model treaties. Finally, the diploma thesis elaborates on the overall state of international taxation and especially in the Czech Republic, particularly in relation to its membership in European Union, in the BEPS initiative within the OECD (and Czech participation in it), and assesses Czech Republic's current condition regarding the economic state of the country, its most important trading partners and the challenges arising from the...
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Legal aspects of limiting undesirable tax optimisation techniques in the Czech Republic
Živný, Dominik ; Vybíral, Roman (advisor) ; Kotáb, Petr (referee)
1 Legal aspects of limiting undesirable tax optimisation techniques in the Czech Republic Abstract With the increasing globalisation and the related increase in the number of multinational companies, these companies are also trying to minimise their overall tax liability, which does not always correspond to the way in which the tax treatment in each country has been designed. The OECD was the first to address these efforts with its Action Plan against Base Erosion and Profit Shifting. Selected actions were implemented by the European Union in the form of a directive, thus obliging Member States to transpose them into their own national laws. The Czech tax law has thus incorporated new rules preventing undesirable tax optimisation. The anti-abuse rule, which had already been applied through case law, has been enshrined in the Tax Administration Act and, unlike the directive, affects both the entire tax system and all tax subjects. Its wording also corresponds to the conclusions of the Czech courts rather than to the wording of the Directive and, in my opinion, better reflects current practice. Although its scope is very broad, it should be applied sparingly. The interest limitation rule targets excessive in-group and out-group borrowing and is intended to penalize cases that are not covered by the thin...
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Banking Secrecy
Sýkora, Marek ; Kotáb, Petr (advisor) ; Vybíral, Roman (referee)
Banking Secrecy Abstract The thesis deals with the topic of banking secrecy in the context of the laws of the Czech Republic with the main focus being the so-called practical exceptions to banking secrecy, i.e. the exceptions that are not expressly provided for by the laws but were inferred by the interpretation given by the Czech National Bank as banking supervisory authority or by court decisions. These are mainly the exceptions that can be used by the bank in carrying out certain procedures that are important for its operations. The need for these exceptions is due to the not very satisfactory statutory regulation of banking secrecy, particularly the exceptions to it in the Act on Banks, that this thesis points out, among other things, in conjunction with the objective impossibility (or impracticability or inappropriateness) to obtain the client's consent in these cases. In the first chapter, the thesis provides a description of the basic characteristics and main aspects of banking secrecy arising from the legislation, the interpretative practice of the Czech National Bank, court decisions, and legal doctrine. In the second chapter, the basic outline of the issue of the exceptions to banking secrecy is given, including the categorization thereof and highlighting of some exceptions and aspects that cause...
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Underhand retail investment funds
Černý, Lubor ; Kotáb, Petr (advisor) ; Vybíral, Roman (referee)
Underhand retail investment funds Abstract The master thesis deals with the topic of the activities of underhand retail investment funds according to § 98 of Act No. 240/2013 Sb., on Management Companies and Investment Funds, as amended. The aim of this thesis is to present and analyse this regulation. The attention is mainly focused on defining the general and typical features of this activity prohibited by law, which consists in the unauthorised operation of a retail investment fund without the necessary authorisation. A partial objective of this work is also a brief definition of assistance with underhand retail investment fund according to Section 99 of Act No. 240/2013 Coll., on Management Companies and Investment funds, as amended, and an analysis of the sanctioning of underhand retail investment funds in the framework of the offence proceedings. The thesis is divided into two parts. The first part introduces collective investment as an area of activity of investment funds. It also defines the strict regulation of this area and the related reasons for committing the prohibited activity that is the subject of this thesis. Attention is also paid to statistical data that demonstrate the increasing interest in collective investment by the general public in the Czech Republic., which may cause an...
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International double taxation
Řezníčková, Markéta ; Kotáb, Petr (advisor) ; Sejkora, Tomáš (referee)
This diploma thesis deals with some questions of the international double taxation, particularly with the basic terminology and principles of the international taxation, bilateral double taxation treaties and new tools of legal regulation of the international double taxation such as BEPS, MLI, a package of European directions called Anti-BEPS and its implementation into the Czech law. The aim of this thesis is to identify, describe and analyse sectional questions in respect to long-term and current evolution. In the introduction I briefly introduce the topic. Afterwards the thesis is divided into four chapters that are linked to each other. The first chapter presents to the reader basic terminology and explains basic principles of this field independently and in relation to current legal regulation. Further I describe the types of double taxation and other institutes related to the international double taxation such as international double non-taxation. The second chapter deals with means of elimination of the international double taxation. Two basic methods are described and some of them are represented by basic examples. There are also described means of elimination of the international double taxation that can only be used in tax treaties (not in the national law). The last subchapter describes...
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A comparison of the organization of supervision over the financial market in individual EU member states
Bízek, Tomáš ; Kohajda, Michael (advisor) ; Kotáb, Petr (referee)
In my diploma thesis, I aim to define and compare models of financial market supervision used in the European Union member states. Furthermore, I try to analyze the development of these states between 2001 and 2015. Lastly, I attempt to predict their future development. The thesis contains a theoretical and a practical part. The theoretical part consists of three chapters and the last two chapters are practical. In the first chapter, I attempt to describe the financial market and provide a theoretical definition of supervision. Next, I focus on regulation, supervisors and supervised entities. Finally, I also deal with the purpose and aims of financial supervision. A well-defined terminology is crucial to any study involving financial market supervision. In the second chapter, I discuss three basic models of financial market supervision I recognize in the European Union member states. In the third chapter, I focus on the role of the financial market supervisors, their responsibilities and independence. In the fourth chapter, I describe the structure of financial markets in each member state of the European Union from 2001 to 2015. Furthermore, the purpose of this chapter is to collect data for the next chapter. In the fifth chapter, I analyze and compare financial market supervision models of the European...
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The role of banks in the fight against money laundering and financing of terrorism
Pultarová, Hana ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
Money laundering and terrorist financing are serious problems that may not only disrupt the stability and reputation of financial institutions, but also affect a wide range of individuals. Therefore, this kind of conduct can be punished as a crime, including the active involvement of banks in money laundering. However, the diploma thesis focuses mainly on preventive measures introduced by the provisions of administrative law. The role of a well-functioning banking system is essential for the effective suppression of money laundering and financing of terrorism. Banks are the most frequent reporters of suspicious transactions and the bank services are used by wide range of persons. The role of banks is mainly determined by their designation as obliged entities by the Act no. 253/2008 Coll., on certain measures against the legalization of proceeds of crime and terrorist financing. The obligations arising out of this act are put into context with the Czech Banking Act and with regulations governing payments and implementation of international sanctions, including directly applicable laws of the European Union. The importance of the bank services is also caused by the regulation of cash payments. In connection with the activities of banks, the thesis reflects selected changes that will be introduced by...
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Legal regulation of alternative investment funds with a special regard to qualified investors funds
Kůra, Jiří ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
The purpose of my thesis is to present a comprehensive view on legal regulation of alternative investment funds with a special regard to qualified investor funds. The main aim of the thesis is to analyze the new legal regulation of qualified investor funds in the Czech Republic and to assess on the basis of changes adopted in which direction the legal regulation has been shifted. The thesis is composed of four chapters, each of them dealing with different aspects of legal regulation of alternative investment funds and qualified investor funds respectively. Chapter One concentrates on the development of the legal regulation and is divided into two parts. Part One deals with the development of the legal regulation of alternative investment funds on the EU level as a response to the financial crisis. Part Two illustrates the development of qualified investor funds in the Czech Republic and includes the major news introduced by the Act on investment companies and investment funds. Chapter Two analyzes the legal regulation of alternative investment funds on the EU level, namely directive AIFM, regulation EuVECA and regulation EuSEF, and outlines its basic concepts, backgrounds and objectives. Chapter Three is considered to be pivotal. It focuses on the legal regulation of qualified investor funds in the Czech...
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