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Relations of central bank to commercial banks
Mádle, Miroslav ; Bakeš, Milan (advisor) ; Vybíral, Roman (referee)
Relations of the central bank to commercial banks Abstract The thesis follows up the relations of the central bank towards commercial banks, with the main emphasis being placed on the Czech Republic, where the role of the central bank is carried out by the Czech National Bank. The main aim of this work is to describe and evaluate the relations between these institutions in terms of current legislation and focus on situations where this legislation does not evolve in the right direction. The first part of the thesis is theoretical and deals with the definition of institutions crucial for the topic itself. By both institutions, commercial banks and the central bank, are emphasized their legal anchoring and their main activities. Within this part, a separate chapter is devoted to the Czech National Bank and its independence, without which CNB would not be able to carry out its activities properly. This part will also analyze the banking system, which represents a summary of banking institutions in a certain state and a summary of individual links between them. The Czech banking system is also introduced here. The next part follows up the regulation and supervision of commercial banks. A separate chapter is devoted to the banking license. The Czech National Bank has the power to grant a banking license and it...
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Financial law aspects of operation of online gambling by foreign operators
László, Zsuzsanna ; Boháč, Radim (advisor) ; Vybíral, Roman (referee)
Financial law aspects of operation of online gambling by foreign operators Abstract in English Gambling has been part of humanity since its very beginning. As time passed, gambling gained more and more sophisticated appearance and it became more and more popular among people. This phenomenon had a negative impact on a number of pathological gamblers whose debts kept growing because of their addiction which lead to the increase of criminality in the society. Today, gambling can be accessed also via internet which made gambling even more available to people. Despite this, most states do not have a consensus regarding how to assess gambling. Therefore, some states have a welcoming approach with regards to casinos and online gambling operators, while others make huge effort to decrease the number of gambling operators as much as possible. Czech Republic seeks to react to the above phenomena with Act No. 186/2016 Coll., the gambling act, which gives foreign gambling operators the possibility to operate legally on the Czech market despite not having a branch here. Furthermore, Act No. 187/2016 Coll., on gambling taxation, was designed to deal with problems associated with tax evasion. In my thesis I focus on the evaluation of the new legislation and any other legislation which significantly affects gambling...
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Compulsory Insurance in Case of Liability for Damage
Elišáková, Gabriela ; Vybíral, Roman (advisor) ; Karfíková, Marie (referee)
Compulsory Insurance in Case of Liability for Damage Abstract This thesis analyzes the Czech legal regulation of compulsory contractual insurance in its broader context. The thesis is largely focused on mandatory contractual insurance for health service providers. In order to fulfil the objectives of this thesis, methods of analysis, description and comparison were used. The first chapter deals with the historical development of insurance and insurance in the world and the Czech lands. One of the subchapters is then specifically devoted to the historical development of compulsory contractual insurance. The second chapter deals with the separate concept of compulsory contractual insurance. The chapter deals in particular with the difference between statutory and contractual insurance and, within the framework of contractual insurance, the difference between mandatory and voluntary. The categories and types of insurance are also presented here. The third chapter contains a comparison of the current and previous Czech legislation on compulsory contractual insurance and analyzes the current legislation. It also deals with the essentials of the insurance contract and the question of the extent of the compulsory contractual insurance, in particular with regard to the non-stipulation of the minimum extent of...
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Corporate income tax deductibility of interest after the implementation of ATAD
Vicherek, Ondřej ; Boháč, Radim (advisor) ; Vybíral, Roman (referee)
Corporate income tax deductibility of interest after the implementation of ATAD Over the past few years, the media and the general public have focused heavily on tax avoidance of large corporations such as Apple and Google. OECD (2012) issued BEPS report in which it described tax base erosion and profit shifting methods. The tools described therein include also excessive use of foreign capital and the associated tax shield. The regulations and recommendations as set out in the BEPS report were implemented in the European ATAD Directive in 2016. This thesis focuses on the limitation of deductibility of interest, especially from the perspective of the analysis of the Czech implementation with regard to the regulation set out in the BEPS report and the ATAD Directive and fulfillment of their objectives. The main goal of the thesis is to assess the fulfillment of the objectives set out in the BEPS report and in the ATAD Directive within their Czech transposition, to analyze the Czech regulation and to point out possible shortcomings of the Czech regulation and problems related to the implementation of new rules limiting the deductibility of borrowing costs. The thesis is divided into four chapters. The first chapter focuses on the problematics of interest and other borrowing costs deductibility,...
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Registration of Sales de lege ferenda
Zatloukalová, Júdit ; Boháč, Radim (advisor) ; Vybíral, Roman (referee)
Diploma Thesis Registration of Sales de lege ferenda Júdit Zatloukalová ABSTRACT This diploma thesis deals with the current legal regulation of electronic registration of sales in the Czech Republic, and especially with its planned amendment. At the end of 2017, the Constitutional Court had a significant impact on the legal regulation when its Decision file no. Pl. ÚS 26/16 revoked several provisions of the Act No. 112/2016 Coll. In the legislative process, as of the date of the manuscript closing, there is a government amendment to the Act concerned, which represents the legislative response of the Ministry of Finance to this Decision. The text is divided into six parts. After a general introduction to the registration of sales in the first part, there is an analysis of the Czech legislation in parts 2 to 4, first the de lege lata and then the submitted amendment in the light of the Constitutional Court's Decision on the Act. The following fifth part is devoted to the Slovak legal regulation of sales records, especially to the consequences of the recent amendment to the Act No. 289/2008 Coll., on Use of Electronic Cash Register. This amendment introduced the on-line eKasa system, which builds on many years of experience with the cash register system. In the last sixth part, the author analyses the...
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Real- Estate Taxation de lege ferenda
Krejčí, Hanuš ; Vybíral, Roman (advisor) ; Boháč, Radim (referee)
The thesis presents a brand new concept of recurrent real estate tax in the Czech Republic. The object of the tax is designed to be exclusively land and apartments and non-residential premises. Buildings or any other aboveground or underground structures are not the object of taxation. Unlike buildings, land and apartments and non-residential premises can be appraised with sufficient accuracy only considering their quantity and location, hence by simply multiplying their areas and unit prices common in a given place and time. Consequently, the real estate tax can be designed on an ad valorem basis in order to differentiate between the tax liability of most lucrative, less lucrative and least lucrative property owners. As a result, tax collection can be substantially increased and a still marginal local tax can become a significant source of funds to the state treasury. At the same time, the increased recurrent tax on immovable property allows to abolish the economically questionable one-off tax in the Czech Republic, which is nowadays levied on the transfer of immovable property. The land tax is imposed on all land in the territory of the Country, with the exception of land built by apartment buildings and land used exclusively with them. The tax on apartments and non- residential premises falls on the...
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Recovery of tax arrears and tax execution
Havlovicová, Jaroslava ; Vybíral, Roman (advisor) ; Boháč, Radim (referee)
Recovery of tax arrears and tax execution Abstract The aim of this diploma thesis is the processing of the topic of tax arrears recovery and tax execution, which are crucial areas in the legislation of all democratic rule of law. My original intention was to focus on the analysis of legislation, but also on practical issues, real problems and their possible solutions. I divided the thesis into four parts, which are further divided into chapters and subchapters. The first part of the thesis is devoted to the current legal regulation of the recovery of tax arrears, which is largely embodied in the Rules of Tax Procedure. In several cases significant changes have occurred with the legal effect of this Act, in such cases the comparison with the previous legislation was made. Recovery of tax arrears in the meaning of the term covering various ways of recovery including tax execution is modified in the second part of this thesis. In this part the major focus was given on the statutory procedures during the recovery of arrears through a bailiff and during the recovery of the tax administrator's claim against the tax debtor in insolvency proceedings. Since these two ways are primarily governed by different laws than tax execution, I particularly tried to emphasize the differences between the methods of recovery...
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Tax Havens
Med, Šimon ; Vybíral, Roman (advisor) ; Karfíková, Marie (referee)
Tax Havens Abstract The issue of tax havens is a frequently discussed topic of recent years, both by taxpayers and tax advisors and by the financial administration. This is due to EU and OECD activity in this area and increased legislative activity regulating harmful practices of tax havens The aim of this work is to summarize tax havens. Therefore, will I focus on states in Europe, multinationals and direct corporate taxation. The main initiatives are the OECD initiative against BEPS and the EU tax avoidance package (ATAD, CCCTB, CCTB, DAC). Tax havens can be simply defined as states in which the taxpayer is less taxed than the in the state of source of income. In a broader sense, it is not only lower taxation but also mediation of the lack of transparency of beneficial owners towards the tax authorities in the state of the source of income. In the first part of this thesis I deal with the basic terms that are connected to tax havens. These are the elements of the tax, the definition of tax havens, tax evasion, tax avoidance, tax optimization, tax planning. The second part deals with the symptoms of tax havens, where I show examples of harmful practices. In this section, I focus on Double Irish with Dutch Sandwich, transfer pricing, abuse of double tax treaties, harmful tax practices in relationship to tax...
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The Financial and Legal Aspects of Alternative Payment Systems from the Anti-Money Laundering Perspective
Paseka, Antonín ; Vybíral, Roman (advisor) ; Karfíková, Marie (referee)
Financial Aspects of Alternative Payment Systems from the Point of View of Money Laundering Abstract The aim of this thesis is to provide a general overview of the current state of alternative payment systems with regard to their inclusion in the financial market, their properties and potentials for wider use, and to evaluate their possibilities to more effectively combat money laundering, terrorist financing and the proliferation of weapons of mass destruction. In the first chapter, the thesis explains the broader context with regard to financial systems, especially within the money market systems focusing on retail, while providing a deeper explanation of the context of European law and Czech law. The second chapter is focused on closer analysis of alternative payment systems with regard to their use. Alternative payment systems are divided into two basic categories for centralized alternative payment systems and decentralized alternative payment systems. The category of centralized alternative payment systems corresponds to the current conventional financial market, taking into account the innovations that have emerged in recent years. Decentralized alternative payment systems are based on the DLT Blockchain technology and the Islamic Hawala payment system is analyzed as a purely informal, decentralized...
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Capital improvement from the income tax viewpoint
Fajmonová, Lenka ; Boháč, Radim (advisor) ; Vybíral, Roman (referee)
Capital improvement from the income tax viewpoint This work focuses on the analysis of the current legislation of capital improvement and it's interpretation by the professional public is presented, from both the view of the tax advisers and financial management. The legislation and its interpretation are evaluated and, if necessary, revisions are proposed. To attain this goal I had chosen the linguistic, historically teleological and comparative interpretation methods. At first, I focused on the definition of capital improvement and individual terms connected with it and their historical evolution. Also mentioned is the legislation tied to the accounting and here can be found the pitfalls, which the legal differences with the tax legislation can bring. Furthermore I examined depreciation of capital improvement using both linear and accelerated methods and I compared the processes with the situation without the capital improvement. Another field closely connected with depreciation and which I focused on next, was the capital improvement of foreign property. Here I outlined the latest progress by novelization of the legislation and by use of Coordination committees with the Chamber of tax Advisers. Using the comparative interpretation method I compared the Czech and Slovak legislation of the...
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