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Legal Issues of Taxation of Income from Crypto-Assets
Sobol, Michal ; Kotáb, Petr (advisor) ; Martiník, Pavel (referee)
Legal Issues of Taxation of Income from Crypto-Assets Abstract This thesis dissects the taxation of income from crypto-assets from the legal perspective. The author aims to apply an effective tax treatment of a wide range of diverse and differently taxable activities related to crypto-assets, in which a taxable event may occur, to critically analyze the shortcomings in the tax system in relation to crypto-assets, to propose a solution and to compare the taxation of crypto-assets in the Czech Republic with foreign legal systems. To this end, the thesis is divided into five chapters. The first chapter is devoted to a brief general discussion of taxes, outlining the structure of income and value added taxes in the Czech Republic and serving to link theory and practice in the subsequent chapters. The second chapter deals with the legal classification of crypto-assets from the perspective of domestic legislation, European Union legislation, but also from the perspective of state authorities and state administration. The core part of the thesis is the third chapter. There, the author applies relevant tax treatment to individual activities related to crypto-assets, performs a legal analysis to determine the tax liability, defines the shortcomings in the tax system and controversial issues in the application of the...
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Cross-border aspects of corporate taxation
Laouici, Said ; Kotáb, Petr (advisor) ; Tuláček, Michal (referee)
- 1 - Cross-border aspects of corporate taxation Abstract This thesis addresses the key challenges, institutions, and current challenges in the cross- border taxation of concerns, which are better known as multinational companies. Multinational companies are business associations that must achieve the quality to be described as concerns, which are the focus of this thesis. The essential aspects in the cross-border taxation of a concern are the existence of double taxation or non-taxation, the transfer pricing and, finally, the new institutes that are aimed at reacting to the most recent and unsolved issues in this area. These are still numerous, but the efforts of countries and multinational organisations to tackle them are very strong. Specifically, this thesis deals with the essential instruments in the field of international taxation, such as double taxation treaties, transfer pricing, which can be described as traditional institutes, but also new institutes in the field of international taxation, which are BEPS action plans (Pillar I and Pillar II), MLI, EU directives, which compete with the basic and new instruments. The BEPS Action Plans and their impact are continuously reflected in each chapter of this thesis. The thesis also deals with tax competition, coordination, and harmonisation relationships...
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Inside information abuse in light of Market Abuse Regulation
Blažek, Václav ; Martiník, Pavel (advisor) ; Kotáb, Petr (referee)
Inside information abuse in light of Market Abuse Regulation Abstract The misuse of inside information is becoming an increasingly relevant topic with the progressive development of information technology and the growing popularity of investments by retail investors. There has been a continuous increase in issuers across the capital markets and at the same time, the total amount of funds invested in the capital markets by retail investors has also increased. There has been a corresponding increase in the amount of funds, whether managed through actively managed funds or by amateur investors. Naturally, however, this is accompanied by an increase in the demand for information and hence a greater number of efforts to outperform the average performance of the market as a whole and thus the relevance of the issue of insider trading. This thesis therefore aims to provide a more general insight into the economics and thus the theory behind the ban on insider trading. However, this topic needs to be linked, particularly for practical reasons, to the obligations placed on insiders, in particular issuers and other advisory firms that provide services to issuers. Because it is them, who have the greatest influence on whether this regulation will be effective in its merits. Therefore, this thesis also aims to...
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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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