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Implementation of ATAD
Knetl, Štěpán ; Boháč, Radim (advisor) ; Vybíral, Roman (referee)
The aim of the thesis is to describe and evaluate the Czech implementation of Anti-Tax Avoidance Directive (ATAD). It firstly introduces the problem of tax avoidance, its scale and defines basic concepts such as tax avoidance, tax evasion, tax havens and harmful preferential tax regimes. The author consequently describes origins of the Directive, OECD's Base Erosion and Profit Shifting Actions and other measures that are being implemented on the EU level such as international exchange of information in the field of taxation based on DAC Directives, the proposal of CCCTB. In the second chapter the ATAD is presented. It consists of five measures intended to neutralize the effects of tax avoidance practices, or in other words, to prevent erosion of the CIT base and the shifting of profits to jurisdictions enforcing little or no tax liabilities. First measure proposed is the interest limitation rule. It is intended to prevent the use of debt financing as a form of tax avoidance by limiting the amount of the tax-deductible borrowing costs that an entity is allowed to claim. Second measure is the exit taxation rule that requires the Member States to tax unrealised appreciation of assets based on the difference between amount equal to the market value of the transferred asset at the time of exit of the...
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Selected procedures at tax administration
Hanák, Radim ; Boháč, Radim (advisor) ; Vybíral, Roman (referee)
1 Selected procedures at tax administration Abstract Subject of my work is revolving around part of the tax administration process which every tax payer on the territory of Czech Republic needs to undergo in order to verify, whether he/she/it has fullfiled all lawful tax-related responsibilities and provided tax administrators with complete declaration of assets, that are subjected to taxation. Tax administrator is entitled, in relation to it's authority, to assess a tax. Pursuing these aims, tax administrator is authorised with powers in the area of tax investigation and is also authorised to initialize complete tax return examination process, even before tax is assessed. At the same time these processess are intertwined into certain extent. Focus of my work is to provide thorough analysis of these institutions either per se or in their mutual context and interconnection, while trying to maintain high level of emphasis on control procedures. Legal regulation is analysed in the scope of it's evolution, in the context of legal regulation of European union and, in the scope of administrative practice and especially in the scope of concrete verdicts of administrative courts. Aim of my work is to highlight potential risks that tax-payer could face through these procedures come into practice, and also to point...
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Financial and Legal Aspects of Online Gambling Games
Bartůška, Martin ; Boháč, Radim (advisor) ; Marková, Hana (referee)
Financial and Legal Aspects of Online Gambling Games Abstract I chose the topic of online gambling and its financial and legal aspects as the subject of this thesis. This work focuses on issues of old and new gambling legislation and provides comparison and evaluation of its changes. This work aims to study and evaluate in detail selected aspects of gambling with prevailing focus on the financial aspects of online gambling and its transformation as a result of the new legal regulation. Particular aspects were chosen in the perspective of latest development in gambling on the Czech market and in the perspective of the latest changes and other development associated with the new legal regulation. Purpous of this work is to introduce this subject to readers and help them understand selected topics. The text of the thesis is divided into three parts. The first part defines gambling and introduces gambling issues in such a way that the reader familiarizes himself with the basics and main concepts that are essential for other parts of this work. In addition to the grounds of this subject, it also focuses on gambling operators, licensing and supervision of gambling operatos. The end of the first part deals with offenses, gambling related crimes and relationship between them. The second part deals with online...
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The analysis oh the legal regulation of transfer pricing in connection with the implementation of ATAD
Zedníková, Kateřina ; Boháč, Radim (advisor) ; Sejkora, Tomáš (referee)
The analysis of the legal regulation of transfer pricing in connection with the implementation of ATAD Abstract This diploma thesis deals with the topic of legal regulation of transfer prices. Considering the gradual globalization and the increasing number of multinational enterprises, transfer pricing is a very extensively discussed tax-related topic. It has become even more topical with the implementation of a new Council Directive (EU) 2016/1164 of 12 July 2016 laying down rules against tax avoidance practices that directly affect the functioning of the internal market. Transposition period for the majority of regulations presented in the directive is scheduled to 31 December 2018. The aim of the present thesis is to characterize the current state of legal regulations of transfer pricing in the Czech Republic as well as related supranational regulations. Within the context of the former and the latter, the thesis analyzes the options of the implementation of the Council Directive (EU) 2016/1164 of 12 July 2016 laying down rules against tax avoidance practices that directly affect the functioning of the internal market. Also, the thesis delineates and describes the approach of the Ministry of Finance of the Czech Republic, including an assumed financial impact of the implementation of individual...
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The Regulation of Internet Gambling
Pavlíček, Josef ; Boháč, Radim (advisor) ; Marková, Hana (referee)
The Regulation of Internet Gambling This master thesis deals with the regulation of gambling operated via Internet public network. The chosen topic reflects adoption of a new framework of gambling regulation represented in particular by Act No. 186/2016 Coll., on Gambling, as amended (hereinafter referred to as "the Gambling Act") and Act No. 187/2016 Coll., on Gambling Tax, as amended (hereinafter referred to as "the Gambling Tax Act"), which introduced to the Czech legal system a systematic regulation of operation of gambling via Internet public network. The author aims to analyze and evaluate the new framework of gambling regulation (including newly introduced system of gambling taxation). Considering that both the Gambling Act and the Gambling Tax Act have entered into force only on 1 January 2017 the author further aims to point out certain unclarities regarding interpretation of several legal provisions contained therein. Finally, the author further aims to propose possible amendments to the analyzed legal regulation. The master thesis is divided into four parts. The first part is focused on the reasons why the new framework of gambling regulation has been adopted and further deals with the lacks of the previous regulation from the perspective of law of the European Union. In the respective...
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The Cryptocurrencies in Practice of Law
Kundrátová, Petra ; Kotáb, Petr (advisor) ; Boháč, Radim (referee)
This diploma thesis deals with the cryptocurrencies in practice of law. The aim of the thesis is to analyse the initial coin offering and the basic tax aspects of the cryptocurrencies, both with respect to the Czech law, and to provide a comparative overview of the cryptocurrency legal regulation in different states of the world. The actual text of the thesis is divided into four parts. These parts are preceded by a general introduction outlining the overall concept of the thesis, its purpose and the reasons why the topic was chosen. The fourth part is followed by a conclusion summarizing the main findings that were made. The first part of the thesis deals with an explanation of the term cryptocurrency and its comparison with the terms virtual and digital currency. It also discusses whether cryptocurrencies can be considered as money or as currencies and what each of these two categories means. The second part is focused on the initial coin offer in the Czech law. There is a brief description of its course followed by an examination of the applicable rules of both public and private law. Particular attention is paid to the rules concerning the initial public offering, payment transactions, collective investment, enterprise and anti-money laundering. The third part of the thesis dissects basic tax aspects of...
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Review statement and reverse charge in the VAT legal regime
Flaška, Petr ; Boháč, Radim (advisor) ; Sejkora, Tomáš (referee)
In my thesis I first explain taxes as a general institute, including their history. For better understanding of the following text I point out the progressive development of the berthing system. State apparatus with a growing social system comes with constantly higher and especially more detailed tax collection system. Countries, due to the need of implementing their budgets, must punish tax evasion and fight dishonesty in business to enable more capable and more honest entrepreneurs to compete with each other and therefore not to support incompetent, dishonest, and increasingly "cheekier" subjects who periodically do not pay their taxes in full. In my thesis, I also assess the complexity of the added value tax system in my country and the different rates that give room for dishonesty and new and frequent amendments to the Added Value Tax Act. I consider the control reports as a necessary and much needed institute. However, although the very first possible rating results of the Ministry of Finance data do seem to be positive, they also, in my opinion, underestimate the yields. I've come to the conclusion that the institute of the control reports from the point of view of constitutionality is not unlawful, and so I differ with the opinions of the deputies and the senators that this is a similar case...
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Legal and Financial Aspects of the State Aids
Petr, Zbyněk ; Marková, Hana (advisor) ; Boháč, Radim (referee) ; Švarc, Zbyněk (referee)
LEGAL AND FINANCIAL ASPECTS OF THE PROVISION OF STATE AIDS Abstract The subject of the work is to explain the general structure of legal norms applicable to materia state aids, starting with public international law, European law and the subsequent transition to domestic legislation and its comparison with neighbouring jurisdictions of the Slovak Republic and Poland. The first part of the doctoral thesis is to learn about the issues, related to the topic of work, with patterns of thought and reflection as well as the tasks that were set at the beginning of the work and arise from the chosen procedure. This should contribute to a better understanding of the work. The following section defines the concept of state aid as well as basic resources and postulates, related to the principal concept of work. First of all, I focused on international agreements, which first used this concept, and their consequent reflection in the development and shaping of European law, including the area of European Community law and the law of the European Union, which now represents some of the unified systems. Furthermore, there is a comprehensible resumed depth analysis of the mechanisms of decision making processes of the European institutions, whose task is the practical application of standards governing state aid and its...
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Imposition of taxes by subordinate legislation
Smilek, Jan ; Boháč, Radim (advisor) ; Kotáb, Petr (referee)
Imposition of taxes by subordinate legislation Abstract This diploma thesis is focused on assessing to what extent the Czech tax law (and fee law) is in compliance with the constitutional limit contained in Article 11, Section 5, of the Charter of Fundamental Rights and Freedoms, according to which taxes and fees may be imposed only on the basis of a statute. It was, therefore, studied whether, and if so in what way, the taxes and fees are imposed by subordinate legislation. For these purposes, it was necessary to define the criteria by which the constitutionality of particular subordinate legislation could be assessed. The 'on the basis of a statute' expression must be interpreted in such a way that the existence of subordinate legislation is not a priori excluded, however, a statute must contain basic structural elements of taxes (or fees). As a corrective, I have added the aspect of legitimacy to the evaluation in this thesis in order to eliminate the strictly formal application of the first criterion. The importance of Article 11, Section 5, of the Charter is that the imposition taxes by a statute guarantees citizens greater influence and greater control over the taxation. These guarantees should not be unreasonably weakened by creating a wide range of legal empowerment for the executive, where this...
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Receipt lottery
Steffel, Martin ; Boháč, Radim (advisor) ; Kotáb, Petr (referee)
1 Receipt lottery Abstrakt The thesis deals with the receipt lottery, which the Ministry of Finance has introduced as a tool to make customers more motivated to accept receipts, thereby making tax collection more efficient. Even though the receipt lottery has been in place for only half a year to the date of writing this thesis, the thesis analyses and evaluates the above ideas of the Ministry of Finance. The diploma thesis examines the hypothesis whether the receipt lottery leads to better and more efficient tax collection. The thesis is divided into three parts. The first part deals with the Constitutional Court judgment related to the electronic records of sales. It focuses mainly on the reasoning of the judgment in the parts which influence the receipt lottery. The second part of the thesis is the most analytical. First, it examines whether the receipt lottery is a gambling game and on what principle it works. Next chapters in this part of the thesis describe a condition for participation in the receipt lottery. This part does not only compare the cost of the receipt lottery and the state's contribution, but it also compares the customers' participation in the receipt lottery itself and the benefits from participating. In order to determine the popularity of the receipt lottery, a survey is used, the...
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