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Legal regulation of alternative investment funds in the Czech Republic
Kucharovičová, Katarína ; Bakeš, Milan (advisor) ; Vondráčková, Pavlína (referee)
LEGAL REGULATION OF ALTERNATIVE INVESTMENT FUNDS IN THE CZECH REPUBLIC ABSTRACT The purpose of my thesis is to analyze the impact of the recently adopted groundbreaking European regulation of alternative investment funds into the Czech legal environment of collective investments. The respective chapters provide an analysis of the most important aspects of regulation of alternative investment funds, which I consider as crucial for collective investment undertakings and its (even only potential) investors. In a large portion of the thesis I focus on the definition of alternative investment funds to clarify the possible modes of operation and distinguish them from their earlier regulated standard counterparts. In the first of eight chapters I introduce this topic in the historical context, which provides a brief excursion into the progress of regulation of collective investment at the European and Czech level, and further explain the reasons which led to creation of a unified regulation for collective investment business. The second chapter describes the current regulatory framework in accordance with the European regulation, based primarily on the Alternative Investment Fund Managers Directive (AIFMD) and its subsequent transposition into the Czech Act on Investment Companies and Investment Funds (ICIFA)....
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Collecting fees for the removal and other disposal of communal waste
Řeháček, Martin ; Vondráčková, Pavlína (advisor) ; Kohajda, Michael (referee)
The aim of the thesis is to describe effective legislation that regulates collecting fees for removal and other disposal of municipal waste organised by municipalities. There are used also various socioeconomic approaches and the thesis seeks for the best solution how to collect the fees for the service. The study is mainly focused on Municipal Fees Act and its regulations because they cause most of problems in practice. Author's opinion is that such a regulation is completely wrong. According to the author of the thesis, there were found features of The Tragedy of the Commons theory in the regulations which means in practice that the whole system is going to either collapse or cost even more money to be kept. The next negative of the legislation is the possibility to circumvent paying the fees. Then, it was proved in the study that the main principle which is the legislation built on, does not work in practice. The principle is that costs paid for the removal and other disposal of municipal waste are supposed to be equivalent to a number of inhabitants living in a town. Because of an absolute personal principle, it was also described in the thesis that minors become debtors when they turn 18 because of their irresponsible parents who do not pay the fees for them. It was recognized in the thesis...
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Corporate income tax
Popová, Barbora ; Novotný, Petr (advisor) ; Vondráčková, Pavlína (referee)
1 RESUMÉ Corporate Income Tax The aim of this diploma thesis on "Corporate Income Tax" is to outline the current legal background of the corporate income tax and asses and evaluate the most substantial changes regarding the Act no. 586/1992 Coll., Income Tax Act, as amended that have become effective as of January 1, 2014. The changes discussed in this thesis include especially, but are not limited to, the changes adopted in connection with the recodification of Czech Civil Law. This thesis consists of Preamble, Chapters 1 through 4 and Conclusion. Chapter 1 "Tax and the Czech Tax System" addresses taxes and the tax system within the meaning of a general theory of tax law. This Chapter provides a general introduction to the concept of taxes, description of the purposes of taxes and the tax system and tax framework of the Czech Republic. Chapter 2 "Corporate Income Tax" provides analysis of the corporate income tax in accordance with the Income Tax Act. It focuses in particular on the key structural elements of the corporate income tax. i.e. subject and object of the tax, tax assessment base, tax rate and the taxation period. This Chapter aims not only to outline the current corporate income tax legislation, but also to point out the most substantial changes effective as of the beginning of the year of 2014...
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Tax aspects of the ownership of real property and its transfer with special focus on the ownership of residential premises
Westrik, Klára ; Vondráčková, Pavlína (advisor) ; Novotný, Petr (referee)
This thesis looks into the tax aspects of real estate and property transfers, especially focusing on the ownership of apartments by private individuals, as the most typical owners. The paper is divided into three major parts. The first part, chapter one and two, contains the necessary introduction to the general concept of tax law, its main institutes, and the theoretical analysis of the tax itself. This theoretical part also includes the overview of the current tax system in the Czech Republic, together with all applicable taxes. Among these taxes, highlighted are those that can involve the aspects of real estate ownership, stating in what cases this occurs or may occur. The second part, chapters three through five, contains the essential part of the thesis, focusing on the complex overview of taxes that affect any real estate owner, either due to the ownership itself, or due to its transfer to another subject. Most attention is paid to direct taxes, and, among them, to the property tax and the tax on real estate acquisition. In the tax overview, the thesis focuses on the current valid legislation governing each type of tax, but also on the comparison with the legislation valid before January 1, 2014, to assess the influence of the private law recodification to the tax law. To facilitate the...
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Building savings - legal and economic issues
Kaplanová, Ivana ; Vondráčková, Pavlína (advisor) ; Vybíral, Roman (referee)
Building savings - legal and economical issues The aim of the thesis is the analysis of selected problematic issues - crucial to the functioning of building savings and also in relation to consumers and protection of its rights. The thesis is composed of six chapters which are dealing with legislation of building savings, especially with amendment in historical development with inheritance, with deposits of minors and valid way of terminating the contract of minors, with the bank charges in the context of preparatory transposition of 2014/17/ EU Directives on housing loans, and compares the economic aspects of both component of building savings with competitive products in the financial market. In the thesis I use the method of analysis, synthesis and induction in chapters in which I work with jurisprudence and in which I advocate a position of building savings in the banking market. In anticipation of the upcoming law on housing loans I require to include information obligation into the proposed legislation with emphasis not only on formal form but the content of communication. I confront the selected issues with valid jurisprudence and mention the original statutory framework and its new version after the recodification of private law and I pointed out the differences which the recodification...
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A comparison of Czech and German regulation of taxation of income of business corporations with regard to the Czech s.r.o. and the German GmbH
Faja, Zbyšek ; Novotný, Petr (advisor) ; Vondráčková, Pavlína (referee)
The thesis deals with legal regulations of income taxation of business companies in the Czech Republic and the Federal Republic of Germany. The main objective of the thesis is to analyze relevant Czech and German legal provisions and to compare the law through the structure of the thesis and a brief summary. The thesis is divided into an introduction, a conclusion and six chapters. The first chapter is concerned with an income tax in the Czech Republic, the second one with an international double taxation and the next three chapters with an income taxation of business companies in Germany. The last one summarizes some of the differences between the legal regulations and offers a tax calculation according to German law. The systems of income taxation of business companies in the Czech Republic and the Federal Republic of Germany show both differences and similarities. The most significant differences rest in greater tax burden of business companies in Germany and the existence of so called solidarity surcharge (Solidaritätszuschlag) and the business tax (Gewerbesteuer). Powered by TCPDF (www.tcpdf.org)
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International double taxation
Odarčenko, Michal ; Vondráčková, Pavlína (advisor) ; Novotný, Petr (referee)
The topic of this thesis is the phenomenon of international double taxation. Collection of taxes is a manifestation of state sovereignty. Each state lays down its own rules determining which persons and economic facts will be subject to taxation. As a result a situation may occur that more states claim the right to impose a tax of comparable nature on the same fact and entity. Such situations ordinarily occur in connection with cross-border labour mobility, international investments, and in many other cases. Double taxation is a burden for taxpayers and represents a barrier to international movement of persons and capital. States may provide relief to taxpayers by unilateral measures. However, a more effective instrument for the avoidance of double taxation is international cooperation. The 20th century saw the development of international treaties on avoidance of double taxation, which have a privileged position in the tax law. These treaties not only serve as a relief to taxpayers, but are also the basis of comprehensive cooperation in tax collection. Therefore, this thesis focuses on double taxation treaties, which are currently the most effective tool for resolving a conflict of tax laws of different states. The thesis firstly deals with the treaties on avoidance of double taxation in general...
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Supervision in the banking industry
Košař, Martin ; Vondráčková, Pavlína (advisor) ; Vybíral, Roman (referee)
The aim of the thesis on Supervision in banking industry is to define the nature of banking regulation and banking supervision, including the rationale for their existence and the analysis of their goals. Another task of this work is to explain the ways of functioning of the basic components of banking regulation and supervision encountered in countries with market economies. The work also highlights the different perspectives, as well as some shortcomings of selected issues and outlines possible solutions. Finally, the aim of the thesis is to critically evaluate selected arguments for and against implementation of the European concept of the Single Supervisory Mechanism, including the assessment of the appropriateness of the Banking Union as a whole. The work is divided into three main parts. The first part is theoretical in nature and focuses on fundamental bases of banking regulation and supervision, with emphasis on their nature, reasons, objectives and possibilities of institutional arrangements. The chapter is supplemented with a discussion of selected regulatory and supervisory authorities which operate internationally. The second part deal with the basic components of the system of bank regulation and supervision which are entry into banking sector, basic rules of banking activities,...
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Expatriate Taxation
Britz, Thomas ; Novotný, Petr (advisor) ; Vondráčková, Pavlína (referee)
RESUMÉ IN ENGLISH Thomas Britz Expatriate Taxation With globalisation increasing, the tax aspects connected to the free movement of employees around the world are of particular importance to companies with subsidiaries around the globe. The goal of my thesis is to explore the risks involved in expatriate taxation. The first chapter is dedicated to the definition of the terms employment and secondment from the point of labour law, European social security coordination law and tax treaties. I think that the main characteristic of employment consists in the fact that it is the opposite of entrepreneurialism. The second chapter explores the general function of taxation, double taxation and its avoidance by bilateral tax treaties. Chapter three introduces the reader to discrimination in trans-border income tax cases and analyses the Schumacker ruling of the European Court of Justice, as a result of which tax reliefs can now be claimed in the European Union by non- residents, provided that 90% of their income originates from employment in the country that provides for such tax reliefs to its own residents. Chapter four discusses the definition of tax residence, the determination of residence under the Czech Income Tax Act and establishes when individuals are considered tax residents due to, inter alia, domicile...
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Legal regulations of relationships between the Czech National Bank and commercial banks in the Czech Republic
Shaya, Robert ; Bakeš, Milan (advisor) ; Vondráčková, Pavlína (referee)
Legal regulations of relationships between the Czech National Bank and commercial banks in the Czech Republic Abstract The aim of my thesis is to analyze the legislation in force governing the relationship between the Czech National Bank and commercial banks in the Czech Republic, focusing mainly on the issue of regulation and supervision of the banking market. The main emphasis is on defining the basic rules of operation of commercial banks. The introductory chapter is dedicated to the fundamental stages of historical development of central banking in our territories since 1918. It is followed by a chapter on the current constitutional and statutory definition of the position, organization and activities of the Czech National Bank. The subsequent chapter deals with the legislation covering banking regulation and supervision in the Czech Republic. The final chapters then focus on the issue of the integration process of regulation and supervision of the Czech financial market and the current problem of foreign exchange interventions by the Czech National Bank. Key words Czech National Bank, regulation and supervision of the banking market, foreign exchange interventions TRIAL MODE − a valid license will remove this message. See the keywords property of this PDF for more information.
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