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Tax liabilities of natural persons arising from activities with cryptoassets
Kratěna, Marek ; Kotáb, Petr (advisor) ; Sejkora, Tomáš (referee)
Tax liabilities of natural persons arising from activities with cryptoassets Abstract The focus of this master thesis is tax liabilities of natural persons arising from activities with cryptoassets. The sub-objectives are the correct interpretation of the new term cryptoassets and their legislative classification under the current regulations. The conclusions of these sub-objectives form the basis for a correct assessment of the main objective of the thesis itself, which is the identification of selected activities of natural persons with cryptoassets and subsequently a correct assessment of whether they fall under any of the tax liabilities of natural persons under the current tax legislation. The thesis starts with an introduction, in which the concept of the thesis and the main motivation behind the choice of this topic are described in detail. The main part is followed by a conclusion which provides a summary of the facts examined and recommendations on the direction in which the current tax legislation should evolve. The main body of the thesis is divided into five parts. The first part is devoted to the new term cryptoassets and especially its current and forthcoming legislation at the level of the European Union. In the same part, the attitude of selected countries towards this type of assets is...
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Non-face-to face customer identification
Farny, Adam ; Sejkora, Tomáš (advisor) ; Kotáb, Petr (referee)
Non-face-to-face customer identification The subject matter of this thesis is the analysis of the Czech legal regulation of customer identification as a core obligation arising from the regulation of the fight against money laundering. Customer identification is the first obligation that a customer encounters when using the services of obliged entities, and thus the way in which the legislation approaches customer identification directly influences the course of the customer's first interaction with the obliged entity. The topic is widely discussed because smooth onboarding processes are crucial for many obliged entities, and FinTech startups in particular. Sub-optimal regulation imposes an unnecessary burden on obliged entities and indirectly puts them at a disadvantage against foreign competitors who may be subject to more favorable regulation. However, the interest of obligated entities may collide with the regulator's interest in ensuring the most trustworthy identification output. Finding an appropriate way for balancing interests of both sides therefore poses a considerable challenge for the legislator. Getting the legislation right depends on ensuring that the legislation is able to keep pace with technological advances in this area and that it allows the use of the best available ways of performing...
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Customer protection in the provision of investment services
Kubíček, Jan ; Kotáb, Petr (advisor) ; Sejkora, Tomáš (referee)
Customer protection in the provision of investment services Approaches to supervision This diploma thesis investigates possibilities and opportunities in the field of financial regulation and supervision conducted by the Czech National Bank. Its focus is the protection of customer in the area of investment services. The thesis begins with the research question and the reasons why it was chosen. Then, basic overview of the financial law framework in the Czech Republic is provided. The thesis continues with general remarks on deterrence and persuasion as two distinctive extremes. Some conclusions form the literature are compiled. A number of experiences is distilled from papers and empirical studies, too. Sources are not only from the field of financial regulation and supervision, but also from other fields. These form the basic framework for closer investigation of several supervisory/regulatory approaches. Then pros and cons of several regulatory approaches are evaluated. These are: responsive regulation, smart regulation, principles-based regulation and anticipatory regulation. One part is dedicated to evaluating conclusions drawn from real experiences with implementation of yet another approach, cooperative regulation (which has some similar characteristics with the others) in the field of tax regulation...
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Transfer prices: meaning and definition from constitutional law perspective
Hájek, Jan ; Marková, Hana (advisor) ; Mrkývka, Petr (referee) ; Sejkora, Tomáš (referee)
140 Transfer prices: meaning and definition from constitutional law perspective Abstract The thesis deals with the problem of the definition of transfer prices in the substantive tax law, which in general terms it puts in connection with the constitutional requirements arising from the theory of law and normative formation. Thus, the basic grounds for the regulation of transfer pricing in Act No. 586/1992 Coll., on Income Taxes and the OECD Model Double Tax Convention as primary sources of law, legislative definition of this area in domestic and international tax law are defined. These are further elaborated into the detailed level of the methodology of determining the transfer price, which follows from the Instruction of the General Tax Directorate D - 34 and the OECD Transfer Pricing Guideline, and are also subjected to a critical examination in terms of their legal bindingness, position in the legal system, but also from the perspective of the rule of law maxim in the sense of the clarity of the law and its predictability. On the basis of the submitted argumentation, it is concluded that none of the above-mentioned documents defining the procedure by which the transfer price is to be determined is a binding source of law a limine and will always constitute only a non-binding instruction or guide to its...
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Regulatory Sandbox in Financial Services
Stupková, Michala ; Kohajda, Michael (advisor) ; Sejkora, Tomáš (referee)
Regulatory Sandbox in Financial Services This thesis examines the issue of regulatory sandboxes in financial services. A regulatory sandbox is a legal framework under which innovative technologies, products or services can be tested in a real environment and on real customers. Sandboxes are emerging in areas that are heavily regulated, while in financial services they serve to make it easier for innovative companies to navigate regulation and enter the market. This work then focuses on regulatory sandboxes in financial services in the European Union, which are currently established in 11 Member States. The main objective of this thesis is firstly to introduce this relatively widespread but not well-known concept and secondly to analyse its use in financial services. Although the establishment of a regulatory sandbox in the Czech Republic has been debated, it is a rather unknown and unexplored concept in the Czech academic environment, but one which deserves appropriate attention. Especially if it were to be established in the Czech Republic. The first chapter is dedicated to the regulatory sandbox itself, its functioning and the various benefits and risks associated with its operation. It then introduces some of the sandboxes in areas other than financial services. The second chapter discusses in...
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Proposal for a Regulation on Markets in Crypto-Assets: Impact on Currently Available Stablecoins
Vilímek, Matyáš ; Sejkora, Tomáš (advisor) ; Kotáb, Petr (referee)
1 Proposal for a Regulation on Markets in Crypto- Assets: Impact on Currently Available Stablecoins Abstract On 24 September 2020, the European Commission introduced its Proposal for a Regulation on Markets in Crypto-Assets (MiCA). In addition to regulating general crypto-assets, so-called crypto-asset service providers, and market abuse in relation to crypto-assets, MiCA also lays down rules for stablecoins, i.e., crypto-assets which aim to maintain a stable value. This thesis analyses how MiCA, if passed into law as introduced by the Commission, would impact the stablecoin market as it exists today, and how this would affect the ways people already use stablecoins. It does so by asking and answering these questions: How do different types of stablecoins function? If MiCA were applied to these stablecoins, would they be compliant? If not, which rules would they not comply with? If the rules were not changed, could we realistically expect such stablecoins to adapt? If they would not adapt and would cease to function, how would it change the way people currently use stablecoins? In its core, the thesis selects five stablecoins to represent the broader stablecoin market and then describes how they function. These stablecoins are Tether (USDT), TerraUSD (UST), Magic Internet Money (MIM), Fei USD (FEI), 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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The role of depositary in the capital market
Fajmonová, Lenka ; Kohajda, Michael (advisor) ; Sejkora, Tomáš (referee)
1 The role of depositary in the capital market Abstract This thesis analyses current legislation regarding depositaries from the viewpoint of czech and european law. Taken into account are opinions from literature, commentaries of law, Czech central bank or Capital market Association of Czech republic. Legislation and opinions presented are evaluated, commented on and in some places an adjustment is suggested. In this thesis there is mainly used the linguistic, systhematic and historicaly-theological method. The first chapter deals with historical background of investment funds and depositaries and also with the influence the coupon privatisation had on today's capital market. Subsequent chapter is focused on investment funds, their types and related legislation and presents statistical data related to investment funds and depositaries. There is also a section dedicated to comparison of investment funds and depositaries in other european states. Third part of the thesis is dedicated to theoretical basis of depositary with the addition of practical examples of its duties and circumstances which can affect the way its duties are performed. Main emphasis is put on valuation of movable and immovable property and not only property commonly found in fund's portfolio, but even some specialized examples like...
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Comparison of shareholder taxation from the sale of a share and of a business enterprise in a limited liability company
Páleníček, Adam ; Kohajda, Michael (advisor) ; Sejkora, Tomáš (referee)
99 Comparison of shareholder taxation from the sale of a share and of a business enterprise in a limited liability company Abstract This diploma thesis analyses and compares alternatives for the sale of a stake in a limited liability company and the sale of a business enterprise with or without the distribution of the proceeds from that sale, in particular pertaining to the taxation of the owner of a stake in a limited liability company. The thesis is divided into an introduction, four main chapters, and a final chapter. The first chapter defines the key terms of a limited liability company, share and business enterprise, as well as issues related to the sale of a share and a business enterprise. Both institutes are distinguished. Furthermore, the key terms of tax law are defined, especially the definition of the construction elements of tax, which form the basis for analysis in the second and third chapters. Finally, the issue of tax optimisation and its differentiation from tax evasion in relation to the shareholder is defined. The second and third chapters separately focus on the analysis of alternatives. The second chapter analyses the first alternative of selling a stake. The third chapter analyses the second alternative of selling a business enterprise together with the possible distribution of the...
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Taxation of trusts in the Czech Republic and its comparison with a taxation if "Treuhand" in Germany
Galuška, Pavel ; Novotný, Petr (advisor) ; Sejkora, Tomáš (referee)
My thesis addresses the fundamental issue and principles of trust taxation in the Czech Republic and it provides with its confrontation and comparison with a German equivalent, namely Treuhand. The purpose of this thesis is to describe and to compare the attitude of Czech and German legislation to the fundamental definitions of key terms within the taxation of Czech trust and German Treuhand respectively. Hereat I mainly focused on the issues of the subject of taxation, object of taxation and its assignment to the individual subject, tax base and also other key elements of taxation, when they were considered relevant. First of all to elaborate this thesis I analysed the current Czech and German legislation and treatises that are concerned with taxation of trusts in the Czech Republic and taxation of Treuhand in Germany and consequently made them a subject of a comparison. A content of the thesis composes of two main parts. In the first part there are both of the legal institutes introduced within the terms of civil law and their purpose. The second part deals with the essential elements of taxation within the context of compared legal institutes and specific taxes. The taxes that were chosen for comparison are personal income tax, corporate income tax, trade tax, real estate transfer tax, property...
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