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Tax aspects of trust funds
Berr, Jan ; Vybíral, Roman (advisor) ; Vondráčková, Pavlína (referee)
Tax aspects of trust funds Abstract Since 2014 the Czech legislation allows establishment of trust funds, through which assets from the ownership of the founder or another person can be set aside for private or public benefit purposes. Such property becomes property without an owner, and is subject to the disposition of the trustee. Trust funds have become more popular especially in the last four years and therefore the tax implications are also gaining importance. It is no longer a fashionable topic, but a topic with practical use. The diploma thesis is focused on the tax aspects of domestic trust funds with a description of individual topics related to domestic taxes in this context. At the same time, here are also described the tax topics dealt with in the past by the professional public here, especially during the first years of the implementation of the trust fund institute into the domestic legislation. The diploma thesis is divided into four main parts. The first part provides a basic analysis of amount of trust funds established from 2014 to August 2022, as well as general legal topics related to the trust fund (establishment, operation, termination), the related duties of the trustee and others, such as the registration of trust funds and registry of beneficiaries. The second, third and fourth part...
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Taxation of retirement pensions and other insurance benefits
Mairovský, Štěpán ; Vybíral, Roman (advisor) ; Koldinská, Kristina (referee)
2 Abstract Taxation of retirement pensions and other insurance social benefits The thesis has the ambition to bring an often-neglected view of one of the media-gracious topics, and that is the Czech pension reform. For this purpose, I examine in detail the pension insurance system, which is a public monetary payment, and, to a lesser extent, the voluntary old-age savings system, which consists of supplementary pension savings and supplementary pension insurance. In the case of pension insurance, it is examined in particular how much the insurance premium is for pension insurance taxes, and how much the actual insurance premium, while the essential criterion in the given case is the degree of its equivalence expressing the ratio between this insurance premium and its consideration in the form of a (retirement) pension. This varies between 1/3 and 2/5, which means that the premium for pension insurance can be considered a tax from 3/5 to 2/3. At the individual level, as a result of the reduction limits, the equivalence rate ranges from 34% for people with the highest incomes to 100% for people with the lowest incomes. Therefore, there is in reality a strong progressive-regressive taxation of the incomes of employees, and to a lesser extent of the self-employed. From the point of view of a more suitable...
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Harmonisation of Motor Third Party Liability Insurance in compliance with EC Law
Žulavská, Lucie ; Karfíková, Marie (advisor) ; Vybíral, Roman (referee)
Harmonisation of Motor Third Party Liability Insurance in compliance with EC Law Motor Third Party Liability Insurance is recently facing major changes, not only from EC point of view, but from national perspective as well, mainly due to technological development as well as due to the enormous pressure set on vehicles accident victims protection, ie. their appropriate compensation from Motor Third Part Liability (further known as MTPL) cover. Main consequence of above mentioned fact is a clear definition of the vehicle that falls under the obligation of MTPL. However just the simple extension of the vehicle definition that way, that even escooters and sagways fall under the scope, would not be considered as a sufficient measure taken to sort of eliminate the number of severe claims and bodily injuries caused by these vehicles in most of the EC states. It is more than necessary that every single member state will come with substantial measures on national level to sort of regulate on legal basis the traffic rules of these new kind of vehicles. However, it is currently obvious that member states opinions are far from any common decision on this topic concerning measures to decrease the number of claims and furthermore to restrict the use of these vehicles in respective environment. There is another...
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Legal Aspects of the Creation of the Insurance Product
Kult, Alexander ; Vybíral, Roman (advisor) ; Karfíková, Marie (referee) ; Dřevínek, Karel (referee)
4 Legal Aspects of the Creation of the Insurance Product Abstract This dissertation deals with the legal aspects of creation of insurance products, including the rules of their distribution and fulfilment of information duties. The author's aim was to interconnect the public and private law regulation of insurance and its distribution, with a focus on the creation of valid contractual documentation and the proper fulfilment of information duties, for the purpose of a practical understanding. Specific attention is focused on the area of personal insurance, both in the scope of life and non-life insurance sectors. Special emphasis is placed on the explanation of insurance-based investment products, whose nature and fragmented regulation pose the most significant practical and theoretical problems. Apart from the theoretical introduction, the thesis is divided into six parts. The first part is devoted to the essence of individual insurance products and their specifics. The second part deals with the theoretical definitions in the field of insurance law. In the third part, the author analyses the rules of creation of insurance products not only regarding the POG regulation, but also in the light of the Insurance Act and the Solvency II Directive. The fourth part discusses the rules of insurance distribution,...
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General anti-abuse rule in tax law and its application on select tax optimazation methods
Smolár, Peter ; Boháč, Radim (advisor) ; Vybíral, Roman (referee)
General anti-abuse rule in tax law and its application on select tax optimization methods Abstract This master's thesis presents a study of general anti-abuse rule applicable within the scope of tax law of the Czech Republic. The goal of the study is to analyze current state of body of law behind the institute, create a legal framework for assessing the conformity of commonly employed methods of tax optimization with this legal institute and finally apply this framework on selected historical methods of tax optimization, namely issuance of one-crown bonds and so-called real estate share deals. The thesis primarily employs qualitative methods of research, mainly document analysis, typical for the field of legal science. Additionally basic quantitative methods are employed. The thesis is structured into five distinct parts, with an introduction, three chapters and a conclusion. The first chapter is focused on the origins of general anti-abuse rules in tax law with regards to international law, European Union law and national law. The second chapter breaks down the current legislative definition of the rule into trichotomic hypothesis-disposition-sanction structure. The third chapter applies the general learnings contained in the previous chapters on the two above mentioned methods of tax optimization. Legal...
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Bank recovery and resolution
Půlpánová, Karolína ; Vybíral, Roman (referee)
Bank Recovery and Resolution Abstract and keywords This diploma thesis systematically presents the European regulatory framework of recovery procedures and resolution of credit institutions and investment firms (BRRD), in the form of a directive, implemented into the Czech law in Act No. 374/2015 Coll., on recovery procedures and resolution on the financial markets. At the same time, the first major amendment to this directive, the so-called BRRD2, is incorporated into this thesis, which mainly implements the international standard of FSB for the specification of the total loss absorbing capacity into the EU law. The work is divided into 5 parts. The first part monitors the background of the BRRD, discusses the causes of the Global Financial Crisis, and what we deduce from them, and then discusses the global regulatory response to this crisis. The second chapter places the BRRD in a broader context within the Banking Union and presents its structure. The Banking Union is built on a single set of rules and is divided into two (in the future three) pillars. These are a single supervisory mechanism and a single resolution mechanism. The third part is where the introduction of the legislation itself begins; it starts with providing the information for the general requirements of the procedures under this...
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Alea Iacta Est - Starting Points of The Current Regulation of Gambling with Emphasis on Financial and Legal Aspects of Its Regulation
Řehola, Jan ; Boháč, Radim (advisor) ; Radvan, Michal (referee) ; Vybíral, Roman (referee)
Alea Iacta Est - Starting Points of The Current Regulation of Gambling with Emphasis on Financial and Legal Aspects of Its Regulation Abstract The thesis deals with the general starting points of the current legal regulation of gambling in the Czech Republic, both from the national and international perspective. In addition to a detailed examination of the fundamentals of the legislation, attention is also paid to selected financial and legal aspects of gambling regulation, especially the area of gambling tax, the tax on winnings, and the matter of use of cryptocurrencies and blockchain technology in the gambling field. The thesis consists of three complementary interconnected parts. In the first, interdisciplinary part, the phenomenon of gambling is examined first from the perspective of non-legal disciplines. There are findings from sociology, economics, philosophy, ethics, psychology and there is also a brief look into the history and future of gambling. Interdisciplinary overlap and taking into consideration scientific knowledge from related disciplines is a prerequisite for such a creation of legislation that could achieve the objectives pursued. Harm reduction gambling policy is examined in the second part of this thesis. This part analyses in detail issues related to problem gambling and the tools...
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Double taxation treaties
Klener, Jan ; Vybíral, Roman (advisor) ; Kotáb, Petr (referee)
1 Abstract Double taxation treaties The diploma thesis focuses on the double taxation treaties with an objective to provide a qualitative evaluation of this legal institute, introduce positive and negative aspects of the institute. Subsequent purpose is to falsify the two hypotheses stated in the introduction. The first section discusses the history of taxation, the history of double taxation treaties and clarify the causations for their creation. Furthermore, the thesis presents individually relevant legal terms that are crucial for the comprehension and proper application of international double taxation treaties. Besides to legal terms, the thesis with doctrinal terms and economic terms in order to clarify the difference in the term of double taxation. The next section deals with the international double taxation treaties themselves, with their origin and the place in Czech legislation. Afterwards a description of the methods of avoiding double taxation is accomplish jointly with the comparison of the differences in the variant types and subtypes of methods. At the conclusion of section 4, application examples of individual methods of avoiding double taxation are analyzed. The final section of the thesis discusses present issues related to double taxation treaties. Description process of present legal...
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THE NE BIS IN IDEM PRINCIPLE IN THE CONTEXT OF TAX AND CRIMINAL LAW
Kaucká Hermannová, Monika ; Boháč, Radim (advisor) ; Vybíral, Roman (referee)
THE NE BIS IN IDEM PRINCIPLE IN THE CONTEXT OF TAX AND CRIMINAL LAW The thesis deals with concurrent imposition of sanctions under tax and criminal law in connection with the violation of the principle of ne bis in idem as one of the basic legal principles according to which only one ruling can be made on one conduct. The aim of the thesis is to examine whether this legal principle is violated in the case of imposing a tax penalty under the tax law and conviction for the crime of tax, fee and similar mandatory payments evasion under the criminal code. The question raised is based on the legal opinion of the European Court of Human Rights, which attributed to a tax penalty imposed under tax law the nature of a criminal charge within the meaning of Article 6 (1) of the European Convention on Human Rights. The case law of the Supreme Administrative Court and the Supreme Court follows the decisions of the european judicial bodies. Detailed analysis and evaluation of case law and its mutual context is a key part of the whole thesis. In addition to the introduction and conclusion, the work is divided into six chapters. The first three theoretical chapters contain a definition of the ne bis in idem principle and related terms in the Czech legal system and international treaties, tax proceedings and...
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Purpose and significance of Real Estate Acquisition Tax
Štěpán, Martin ; Vybíral, Roman (advisor) ; Sejkora, Tomáš (referee)
Purpose and significance of Real Estate Acquisition Tax Abstract This thesis focuses on purpose and significance of real estate acquisition tax in Czech Republic. Its objective is to evaluate Czech legal regulation of real estate acquisition tax before it has been repealed as well as evaluating of causes and consequences of its repeal. Another objective is to outline possible options for taxation of property to the future. This thesis is divided into four chapters. In the first chapter there are defined basic tax concepts, analysis of Czech real estate acquisition tax before it has been repealed and also a brief historic evolution of this tax. Second chapter is focused on international comparison of taxation at first in general matters such as comparison of tax to GDP ratio, tax structure or size of a property taxes. Then thesis compares Czech legal regulation of real estate acquisition tax with legal regulation in two neighbouring states - Germany and Slovakia. Third chapter elaborates administrative cost of Czech real estate acquisition tax. It is divided into three parts. First being administrative costs of public sector, second is administrative costs of private sector and third part briefly analyse excessive tax burden. Fourth and last chapter elaborates on the basis of information from the previous...
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