|
|
Beneficial owner in the Light of the AML/CFT Legislation
Roblová, Michaela ; Sejkora, Tomáš (advisor) ; Kohajda, Michael (referee)
Money laundering and terrorist financing present major social problems that can negatively impact economic growth of both, the state and the households. The ever-increasing globalization and the trend of removing barriers to the free market make it harder for the authorities to detect and investigate abovementioned crimes. That is why, in recent years, efforts have been made to cooperate in the fight against money laundering, both globally and at European Union level. The European Union keeps constantly improving the AML/CTF legislation. Thanks to that, the Czech Republic can keep up with the rapidly evolving techniques the offenders come up with. This thesis present one of the new legal institutes in the Czech law - beneficial ownership. The idea of beneficial ownership came from the Directive 2015/849 that was implemented into the AML/CFT Act n. 253/2008. Under the Directive, corporates and other legal entities such as trusts will be required to maintain accurate and current information on their beneficial ownership. Beneficial owner is an entity that enjoys the possession and/or benefits of ownership (such as receipt of income). The first part of the thesis concerns the general anti-money laundering and combating financing of terrorism problematics. It also tackles the concept of ownership...
|
|
|
The legal protection of clients of financial intitutions
Černý, Daniel ; Kohajda, Michael (advisor) ; Sejkora, Tomáš (referee)
The legal protection of clients of financial institutions Abstract The first chapter focuses on the definition of basic concepts essential to the subject of this work. Emphasis was placed on defining the term of client in relation to the notion of a customer who is often used in positive law at both European and national level. Furthermore, the concept of consumer is defined, which is a generally used category of customers and is offered the highest legal protection. The notion of financial institution and the concept of legal protection are also important in defining the scope of this work. Given the diversity of the current financial services market, in the rest of my thesis I have focused only on the most important providers of financial services and the legislation governing their activities. The concept of legal protection is defined in the sense of division into institutional and normative legal protection, with the focus being on normative protection. The aim of the second chapter was to describe the basic aspects of two complementary principles of law as the theoretical basis of legal protection of clients, which are the concept of autonomy of will and the protection of the weaker party. The principle of protection of the weaker party and its modality of consumer protection has been introduced from...
|
|
|
Legal regulation of crowdfunding in the Czech Republic
Bachtík, Lukáš ; Kohajda, Michael (advisor) ; Sejkora, Tomáš (referee)
Legal regulation of crowdfunding in the Czech Republic The thesis deals with the legal regulation of crowdfunding in the Czech Republic as well as in the European Union with emphasis on the investment type of crowdfunding, mostly for purpose of identifying all relevant legal acts and evaluating their form and application in terms of suitability and sufficiency. The first part generally addresses explanation of the term crowdfunding itself, the etymological interpretation, its origins, the historical development and the concepts of crowdfunding with other relative and superior terms. This section also includes division of crowdfunding into individual types and subtypes. Each of them is explained separately including examples of already existing crowdfunding platforms. The second part comprises of all legal acts and other regulation applicable to most of crowdfunding platforms and, in more detail, discusses legislation relevant to the investment type of crowdfunding (equity-based and securities-based crowdfunding). These come from several areas of financial law. The focus of the work is aimed at legal regulation of payment services, financial instruments (including prospectus regulation) and collective investment. The thesis reflects both national and EU legislation, including their relation through...
|
|
|
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...
|
|
|
The Czech National Bank, its legal position and scope of activities
Krajíčková, Lucie ; Bakeš, Milan (advisor) ; Sejkora, Tomáš (referee)
The Czech National Bank, its legal position and scope of activities Abstract As the theme of my thesis, I have chosen the Czech National Bank, its legal position and scope of activities. The aim is to analyze the legal position and activities of the CNB. This is a very large topic, due to the wide activities of the CNB at national, European and international level. The CNB is and independent, highly credible and very powerful institution. The CNB is the central bank of the Czech Republic, the financial market supervision authority and the authority to solve crisis. Its main objective is to maintain price stability. Due to the wide range of tasks, I focused on the assessment its monetary policy as its most important business. The implementation of monetary policy is based on the ability to choose the level of interest rates that will keep inflation at a low but stable level and there will be no unnecessary slowdown or acceleration of the growth rate of the economy. The aim of the CNB's transmission mechanism is to keep the overall inflation in the narrow corridor at 1-3 %. By comparing the real development of the average quarterly inflation rate and the forecast of monetary policy-relevant inflation for the period from 3.Q 2008 to 2.Q 2019, it can be concluded that the caused fluctuations could be hardly...
|
|
|
Tax aspects of trust fund
Veverková, Tereza ; Kohajda, Michael (advisor) ; Sejkora, Tomáš (referee)
The objective of this thesis is to place trust fund into the system of tax law and the analyse of this position from different angles. The main objective is to describe, how are trust funds and the persons connected with them, taxed. One of the aims of this thesis is to show trust funds within a broader context and therefore it describes the tax aspects of English common law trust as well. Common law trust can be considered as a role model for institute like the Czech trust fund. The thesis therefore consists of two parts - trust and trust fund. The first chapter describes historical development of trusts and illustrate how was this development influenced by then tax legislature. Also, this chapter explains some aspects of English law, with focus on difference between common law and equity. The grasp of the difference between these parallel systems is essential for the understanding of trust. The second chapter deals mainly with substantive aspects of trust. It strives to answer the question, what is trust and how can we definite it. It also shows, how the tax legislature defines trust and connected person for tax purposes. It is also briefly mentioned the duty of trust to register into newly established trust register. The third chapter deals with taxation of trust itself. Different types of trusts and...
|
|
|
Legal protective instruments on tax administation
Kolobov, Ivan ; Marková, Hana (advisor) ; Sejkora, Tomáš (referee)
Legal protective instruments on tax administration Abstract. The goal of this diploma thesis is to analyse individual legal protective instruments on tax administration as well as basic principles of tax administration, relevant case law of administrative courts and Constitutional court of Czech republic, while using deductive, analytic and comparative methods. During the time I was solving this diploma thesis I performed the analysis of protective instruments on tax administration as well as basic principles of tax administration, relevant case law of administrative courts and Constitutional court of Czech republic. The structure of this diploma thesis was chosen in order to reach the goal of this diploma thesis. The first chapter named 'Tax administration' includes the definition of the concept of tax administration, description of object of the tax administration and tax administrator, analysis of individual basic principles of tax administration and the relation of Czech Tax administrative code and Administrative code. The second chapter named 'The legal protective instruments on tax administration' contains the definition of the legal protective instruments, classification of the legal protective instruments into four different classes: Ordinary protective instruments, Extraordinary protective...
|
|
|
Financial Law Instruments Combating Value-Added Tax Evasion in the Perspective of European Union
Sejkora, Tomáš ; Boháč, Radim (advisor) ; Kohajda, Michael (referee) ; Šramková, Dana (referee)
This dissertation broadly focuses on the problematics of the tax evasion in the field of the value-added tax from the perspective of the European Union law wherefore it does not contain parts devoted just to the national instruments combating tax evasion. The aim of the dissertation is the analysis of the terms which could be met due to the inconsistent terminology concerning tax evasion, then the aim is to provide classification of the tax evasion and to analyse individual measures combating tax evasion recognised by the European Union law. Therefore, the case law and opinion of the professional community are examined by the descriptive, analytical and comparative scientific method and later, founded conclusion are generalized by the synthetic method pointing out the pitfalls of their application in the Czech legal environment. The result of this dissertation shall be the coherent insight to the terminology connected with the tax evasion in the field of the value-added tax and the analysis of legal instruments combating tax evasion established by European Union law containing the evaluation of individual aspects of this issue. Pursuant to the acquired conclusions, the discrepancy of the transposed national legislation could be deduced and the assessment, if the legal measures established by...
|
|
|
Exemption of Supply of Selected Immovable Property from Value Added Tax
Sejkora, Tomáš ; Kohajda, Michael (advisor) ; Boháč, Radim (referee)
- 133 - Abstract The thesis is focused on the legal regulation on the exemption of the supply of selected immovable property from VAT without deductibility of the VAT paid at the preceding stage. The main aim of the thesis is to analyze the so called best practice in the field of VAT. This aim shall be reached by the analysis of the relevant Czech and European Union legislation governing the VAT. The thesis was created with the use of analysis, synthesis, comparative tax law and description as the methods of scientific work. The definition of the purpose of the supply of a building or of a land on which a building stands pursuant to the directive on VAT could be found as the first result of the research. The VAT legislation of the EU Member States shall be interpreted with the use of this definition and the systematic interpretative method. The second result of this thesis is the interpretation of the Czech legal terms in accordance to the EU. legislation. It is necessary to admit that the Czech legal terms in the Act on VAT originate from the Czech private law legislation but their particular meaning in the Act on VAT differs. The third result of this thesis is an assessment whether the relevant provisions of the Czech Act on VAT are in concordance with the EU legislation. The author concluded that such...
|
|
|
Institute of Several and Joint Liability for Value Added Tax
Sejkora, Tomáš ; Kohajda, Michael (advisor) ; Boháč, Radim (referee)
Diploma Thesis Abstract This diploma thesis is focused on the several and joint liability institute as the main securing VAT institute (instrument) with its own legislation in the Czech VAT Act. This thesis should be a comprehensive analysis of the matter of the several and joint liability in the tax process and should provide an alternative view of some of Czech tax doctrinal conclusions. The introductory part of this thesis is devoted to the particular several and joint liability issues arising from the confrontation between private and public branches of law. The author considers the judicial praxis of awarding the subject of the several and joint liability by recourse wrong. This recourse is derived from the unjust enrichment institute by the Czech Supreme Court. The problem is seen by the author in the fact, that the subject of the joint and several liability does his own legal duty and does not fulfil someone else obligation. Then follows the section about the general legislation of the tax joint and several liability. This tax legislation notably regulates status of the tax subject of the several and joint liability in the tax process and the rest of this legislation should be applied on VAT several and joint liability due to the subsidiarity principle. The main section about the individual subject...
|
guest ::
