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The influence of communities upon the amount of their tax revenues
Králík, Martin ; Marková, Hana (advisor) ; Kohajda, Michael (referee)
The purpose of the thesis is to describe and analyse capability of municipalities as subjects creating law to influence own tax revenue. The theoretical foundation of the thesis is definition of self-government and municipal budget aiming at revenue, especially tax revenue in accordance with the budgetary categorization. The main part of the thesis focuses on the municipal budget revenue, which can be influenced by municipaities. It contains two chapters. The first one of them is so concerned with local charges as the payments which the municipalities have the greatest influence on. They decree their introduction or repeal, rate etc. The next chapter of the thesis analyses the authority of municipalities regarding the real estate tax, that is possibility of exemption of real estate touched by natural disaster and exemption of some agricultural lands and set or modification of various coefficients - the local coefficient, the municipal coefficient and location rent. The following part reports on tax authority of slovak municipalities compared with czech ones. Keywords Municipal budget, local charges, local taxes, real estate tax, location rent, municipal coefficient, local coefficient.
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Legal regulation of taxation of sportsmen
Navracký, Zdeněk ; Marková, Hana (advisor) ; Kohajda, Michael (referee)
Legal Regulation of Taxation of Sportsmen Abstract / Summary: This thesis deals with sportsmen taxation in the Czech Republic and in foreign countries, especially in Germany. The first chapter, following the introduction, is made of fundamental concepts related to this topic (tax, charge, subject to taxation, income-tax, value-added tax, gift tax). Chapter Two of this paper discusses the status of sportsmen in the Czech Legal system and determination is made in terms of professional sportsmen, semiprofessional, amateurs and and in terms of the way powering the sport, either personally or collectively. The third chapter deals with the legal status of professional sportsmen and their classification of particular taxes, emphasis is placed on tax on personal income. However, a brief excursion is made into value-added tax also. Chapter Four is dedicated to the issues of international taxation on sportsmen, because it's apparent the sport is overall activity which cannot be limited by boundaries. Chapter Five coming before the Conclusions is discussing briefly the German legislation in force influencing the taxation of sportsmen issues. Key Words: Sport, sportsman, income tax, value-added tax, gift tax, international taxation, the Czech Republic, Germany.
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Double taxation avoidance treaties and their potential abuse
Ishchenko, Iryna ; Marková, Hana (advisor) ; Kohajda, Michael (referee)
In recent years, number of initiatives arised from the European Union and OECD towards active cooperation and coordination between countries in the fight against international tax avoidance practices. The abuse of double taxation treaties and tax legislation in general became subject of increasing interest also among the Czech professional public. The aim of my thesis is to examine whether and to what extent double taxation tax treaties are used by taxpayers for purposes other than those originally negotiated between states, explore what are the tools that can prevent abuse of tax treaties and to assess whether tools used in the Czech Republic correspond to international standards and whether there is scope for more effective aplication of these tools with regard to international practice. As my research within international context showed, there are a number of anti avoidance rules against abuse of tax treaties and tax avoidance in general. The anti avoidance rules are incorporated in national substantive and procedural legislation, as well as in international law. Other relevant anti avoidance rules are elaborated by the courts. Effective tool to prevent undesirable international tax practices is, not least, international cooperation, and especially timely and relevant exchange of tax...
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Social aspects of taxes
Loubková, Eliška ; Marková, Hana (advisor) ; Kohajda, Michael (referee)
Title of thesis is "Social aspects of taxes." The main objective of this study is to characterize the various social aspects that can be found in the Czech legal system. The work is divided into several parts. The first part contains the definition of basic concepts such as social aspect, tax and its functions, the main attention is paid to the redistributive function of taxation together with an explanation of what causes uneven distribution of income. The first part includes the description of the rates, particularly progressive tax rate. The first part is completed by a definition of a flat tax. The second part deals with the tax principles of legality, efficiency, and different views on tax fairness and its two main principles, the principle of utility and welfare. The second part also concludes chapter devoted to the description of a reasonable tax rate. The third part describes the various types of social aspects, ie. exemption from tax object, full and partial exemptions, standard and non-standard deductions and tax credits. A brief overview of taxes that constitutes the tax system in the Czech Republic is ranked at the end of the third parts. The last part of my work deals with social aspects, which can be found in taxes. The thesis is completed by a summary of the social aspects and outline...
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Uncertificated securities in financial law
Matyášová, Eva ; Bakeš, Milan (advisor) ; Kohajda, Michael (referee) ; Karfík, Zdeněk (referee)
This thesis deals with the phenomenon of the uncertificated securities in the context of financial law. Proper and prudential legal regulation of the securities is considered to be key element of efficient financial markets of which the importance for the economics is systematically growing in past few decades. From the beginning, financial markets were dominated by certificated securities represented by legal fiction incorporating rights arising from the security into a certificate and considering this certificate as a tangible movable asset. In the consequence of the development of financial markets and securities trading uncertificated securities were developed to make transfers of the securities and asset management feasible. Uncertificated securities can be defined as substitutable physical securities incorporating private rights which are prerequisite for the exercise and transfer of those rights and which are replaced by a record entered in the central register of securities, mainly central securities depositories. The form of the uncertificated securities determines the necessity of their special legal regulation taking into account their legal nature and connected legal aspects of record keeping. The purpose of my thesis is to analyse relevant Czech legislation and highlight both...
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Financial derivatives
Koutný, Ondřej ; Bakeš, Milan (advisor) ; Kohajda, Michael (referee)
1 Abstract/ Financial derivatives The purpose of this thesis is to provide an introduction to financial derivatives which has been, from the legal perspective, described in a not satisfactory manner as quite little literature that can be found about this topic. The main objectives of this thesis are to define the term "financial derivatives" and its particular types and to analyse legal nature of these financial instruments. The last objective is to try to draft future law regulation of financial derivatives and to determine the guidelines that future legislation will follow. The thesis is divided into four chapters; a short introduction is followed by a chapter concerning the origin of financial derivatives. In this chapter we learn that financial derivatives originate from commodity derivatives, which have their origins in a period ages before Christ. The second chapter is firstly concerned with determination of the term "derivative" and it further states the main reasons for which derivatives agreement are concluded. The reasons are hedging, speculation and arbitrage. Afterwards, four well- known types of derivatives, i.e. options, futures, forwards and swaps are defined in this chapter. The third chapter, named "Financial derivatives legislation", is dedicated to definition of current legislation of...
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Production of evidence in tax proceedings
Raiser, Gabriela ; Boháč, Radim (advisor) ; Kohajda, Michael (referee)
EVIDENCE IN TAX PROCEEDINGS Abstract The purpose of the thesis is on one hand to provide an overall view of the issue of burden of proof in tax proceedings. On the other hand the thesis gives a detailed look into unclear and problematic provisions of the Tax Code concerning the burden of proof of tax subjects as well as that of tax administrators. The reason for my analysis is that number of questions related to the burden of proof in tax proceedings are very often matter of disputes between tax subjects and tax administrators which in many cases has to be decided by the Czech Supreme Administrative Court. The thesis is composed of four chapters, each of them dealing with different aspects of evidence. Chapter One is introductory and deals with evidence in proceedings in general. It also defines basic terminology used in the thesis such as evidence, basic principles of process, burden of production or burden of persuasion. The Chapter Two explains specifics of evidence in tax proceedings. Chapter Three deals with the definition of evidence and mentions different types of evidence in tax proceedings. Chapter Four is focused on the key issue of evidence in tax proceedings - the concept of burden of proof. The chapter consists of five parts. Part One concerns burden of proof of taxpayers while Part Two looks...
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Financial and legal regulation of pension companies and pension funds
Jahodová, Iva ; Kohajda, Michael (advisor) ; Kotáb, Petr (referee)
Legal regulation of pension companies and pension funds The Master's thesis concentrates on the main issues of the legal regulation of pension companies, the designated providers of pension savings and supplementary pension savings in the Czech Republic. The thesis evaluates the reform of the pension schemes constituted by Act No. 426/2011 Coll., on Pension Savings, Act No. 427/2011 Coll., on Supplementary Pension Savings, and Act No. 428/2011 Coll., amending Certain Acts in Connection with the Adoption of the Act on Pension Savings and the Act on Supplementary Pension Savings. The thesis is divided into nine chapters. Chapter 1 is an introductory part defining the purpose of the thesis. Chapter 2 describes the pension savings regulation in the Czech Republic prior to the reform's effective date (i.e., 1 January 2013). Chapter 3 describes the pension reform and its justification. Chapter 4 concentrates on the pension companies as the managers of pension funds and supplementary pension funds. The regulation of pension funds is described in Chapter 5 while the regulation of supplementary pension funds is described in Chapter 6. Chapter 7 deals with the regulation of the (supplementary) pension funds' distribution. Chapter 8 suggests certain modifications of the reform package and discusses possible...
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Collective investment
Rigó, Natália ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
The subject of this thesis is the analysis of the legal regulation of mutual funds in the Czech Republic. The thesis aims to provide a complex view on the issue. The introductory chapters provide the historic background of mutual funds and demonstrate the legislative evolution of the legal concept and its definition in the Czech Republic. The analytical part is focused on the particular problems of each institution and suggests a possible solution. These chapters point to the complications around the real estate funds and the possible breach of one of the freedoms of the European law. The last chapters point out the ways of protecting the assets of the funds by the depository, as well, as the ways to recover the damages when suffered
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Harmonisation of law and economic measures in the area of supervision over commercial banks
Landorová, Anna Marie ; Kohajda, Michael (advisor) ; Kotáb, Petr (referee)
Resumé This diploma thesis deals with harmonisation of law and economic measures in the area of supervision over commercial banks. It is focused on changes that were made in area of regulation and supervision and their legislation during the last several years. Another purpose of this thesis is evaluation of reforms that are proposed as an answer to the last financial crisis, which influenced many economic systems all over the world. In introduction I explain why the regulation and supervision of the commercial banking are so important these days, what are the reasons for changes in the legislation and also I analyse different levels of lawmaking and influence of such. Next I deal with differences between regulation and supervision and common methods of them, for example a minimum capital requirements, a financial reporting and others. The second chapter concentrates on evolution of the regulation in the Czech republic, but also on the international level and also with the european legislation and its transposition in Czech law system. The main part of the thesis is focused on detailed descriptions of each rule. Third chapter is subdivided into four parts. The first part describes the Act on Czech National Bank and main tasks of the Central bank. In the second subchapter I explain each part of the Act on...
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