National Repository of Grey Literature 193 records found  previous11 - 20nextend  jump to record: Search took 0.00 seconds. 
International and intranational aspects of the double taxation
Chonka, Ivan ; Kotáb, Petr (advisor) ; Vybíral, Roman (referee)
International and intranational aspects of the double taxation Abstract This diploma thesis describes history (the recent one at least) of the need to regulate the taxation of international entities operating in more than one tax jurisdiction, its origins and the early efforts to create tax treaties preventing double taxation and the history of first internationally operating companies. It also compares tax treaties concluded between Czech Republic, Liechtenstein and Ireland, because there is a long-time gap between ratification of each of them, and thus we can observe, how did the Czech base tax treaty model change for this specific type of treaties during those years. The diploma thesis also summarizes differences between the treaties, provides a wider context regarding their basis, describes the specifics of Czech base model and evaluates the distinctions from the model treaties. Finally, the diploma thesis elaborates on the overall state of international taxation and especially in the Czech Republic, particularly in relation to its membership in European Union, in the BEPS initiative within the OECD (and Czech participation in it), and assesses Czech Republic's current condition regarding the economic state of the country, its most important trading partners and the challenges arising from the...
Current issues related to government debt financing
Kuneš, Jakub ; Tuláček, Michal (advisor) ; Vybíral, Roman (referee)
The topic of the thesis are issues related to the government debt financing. Nowadays, the issue of the state debt is becoming more and more topical, especially as a result of the hundreds of billions of Czech budget deficits. Moreover, it is an area that affects directly or indirectly every person in the Czechia. It is therefore desirable to address the subject thoroughly, because it is an issue that has a multi-generational dimension and the consequences of today's budget negotiations may cause very unpleasant consequences for future generations. Although the level of Czech debt is relatively low compared with the countries of the European Union, in the fourth quarter of 2022, the Czech Republic became, by a wide margin, the fastest-debting country in the European Union. The thesis is divided into three parts.The first part introduces the reader to the issues and describes the key mechanisms of the functioning of the state budget.It describes what the national debt is, what its causes are and why the national debt has been growing steadily by orders of magnitude higher in recent years than it has been in the past decade. Mandatory and quasi-mandatory expenditures are identified as a major problem for public finances in the Czechia and is given special attention, including a model example that highlights...
Legal aspects of limiting undesirable tax optimisation techniques in the Czech Republic
Živný, Dominik ; Vybíral, Roman (advisor) ; Kotáb, Petr (referee)
1 Legal aspects of limiting undesirable tax optimisation techniques in the Czech Republic Abstract With the increasing globalisation and the related increase in the number of multinational companies, these companies are also trying to minimise their overall tax liability, which does not always correspond to the way in which the tax treatment in each country has been designed. The OECD was the first to address these efforts with its Action Plan against Base Erosion and Profit Shifting. Selected actions were implemented by the European Union in the form of a directive, thus obliging Member States to transpose them into their own national laws. The Czech tax law has thus incorporated new rules preventing undesirable tax optimisation. The anti-abuse rule, which had already been applied through case law, has been enshrined in the Tax Administration Act and, unlike the directive, affects both the entire tax system and all tax subjects. Its wording also corresponds to the conclusions of the Czech courts rather than to the wording of the Directive and, in my opinion, better reflects current practice. Although its scope is very broad, it should be applied sparingly. The interest limitation rule targets excessive in-group and out-group borrowing and is intended to penalize cases that are not covered by the thin...
Banking Secrecy
Sýkora, Marek ; Kotáb, Petr (advisor) ; Vybíral, Roman (referee)
Banking Secrecy Abstract The thesis deals with the topic of banking secrecy in the context of the laws of the Czech Republic with the main focus being the so-called practical exceptions to banking secrecy, i.e. the exceptions that are not expressly provided for by the laws but were inferred by the interpretation given by the Czech National Bank as banking supervisory authority or by court decisions. These are mainly the exceptions that can be used by the bank in carrying out certain procedures that are important for its operations. The need for these exceptions is due to the not very satisfactory statutory regulation of banking secrecy, particularly the exceptions to it in the Act on Banks, that this thesis points out, among other things, in conjunction with the objective impossibility (or impracticability or inappropriateness) to obtain the client's consent in these cases. In the first chapter, the thesis provides a description of the basic characteristics and main aspects of banking secrecy arising from the legislation, the interpretative practice of the Czech National Bank, court decisions, and legal doctrine. In the second chapter, the basic outline of the issue of the exceptions to banking secrecy is given, including the categorization thereof and highlighting of some exceptions and aspects that cause...
Underhand retail investment funds
Černý, Lubor ; Kotáb, Petr (advisor) ; Vybíral, Roman (referee)
Underhand retail investment funds Abstract The master thesis deals with the topic of the activities of underhand retail investment funds according to § 98 of Act No. 240/2013 Sb., on Management Companies and Investment Funds, as amended. The aim of this thesis is to present and analyse this regulation. The attention is mainly focused on defining the general and typical features of this activity prohibited by law, which consists in the unauthorised operation of a retail investment fund without the necessary authorisation. A partial objective of this work is also a brief definition of assistance with underhand retail investment fund according to Section 99 of Act No. 240/2013 Coll., on Management Companies and Investment funds, as amended, and an analysis of the sanctioning of underhand retail investment funds in the framework of the offence proceedings. The thesis is divided into two parts. The first part introduces collective investment as an area of activity of investment funds. It also defines the strict regulation of this area and the related reasons for committing the prohibited activity that is the subject of this thesis. Attention is also paid to statistical data that demonstrate the increasing interest in collective investment by the general public in the Czech Republic., which may cause an...
The position of the consumer in the field of insurance distribution in the digital age
Ryza, Tomáš ; Vybíral, Roman (advisor) ; Martiník, Pavel (referee)
The position of the consumer in the field of insurance distribution in the digital age: Valid regulation of the Czech Republic in the light of the basic rules of capital markets Abstract This work deals with the position of the consumer in the field of insurance distribution in the digital age. The main research question is the position of the consumer in insurance distribution. Specifically, the work describes what influences the consumer's position and whether this position is adequate for insurance distribution in the digital world. The pandemic did not initiate the transformation into the digital environment, but only accelerated it. Individual insurance companies have been trying to sell through digital channels even before the pandemic. However, this was not always successful. In the past, these shortcomings were naturally associated with the traditional "face-to-face" sales process. As the largest shortcomings in the past were associated with investment life insurance, this work also attempts to answer the secondary question of how the consumer fares compared to the regulation of business in capital markets. The structure of the work is divided into four main chapters, which are logically arranged from the general concept of the consumer to the most exposed area of the environment. The first chapter,...
Corrency as a new form of transaction system
Novák, Filip ; Vybíral, Roman (advisor) ; Kotáb, Petr (referee)
Corrency as a new form of transaction system Abstract The master's thesis in a comprehensive form presents a completely new transactional system called Corrency, which stands out from the existing solutions with its specific characteristics. The aim of the master's thesis is to describe this system, present it in the light of financial law, and analyze its potential applications in related legal fields. Corrency is a transactional system currently primarily used for distributing financial resources from public institutions to citizens, with the future possibility of expanding its use to the private sector. It is transparent, simple, fast, inexpensive, and fully digital. The issuer, who deposits funds into the system, obtains unique data on their movement and can target their money both to suitable primary recipients, typically citizens, and to specific market segments that genuinely require such assistance. Corrency operates with a unit of account called Corrent, which this thesis examines not only from a legal perspective but also in the context of economics and finance. Another objective of the thesis is to provide the reader with the broadest legal context and to construct an analysis of the issues surrounding this system from the ground up, starting from the comparison of Corrents with institutions such...
The Principles of Financial Control in Public Administration
Perstická, Lujza ; Boháč, Radim (advisor) ; Vybíral, Roman (referee)
The Principles of Financial Control in Public Administration Abstract This thesis focuses on financial control, legal principles, and how legal principles influence and co-create financial control. The thesis comprehensively presents the whole issue and aims to contribute to understanding both individual aspects and thein interconnectedness, allowing the reader to form an informed opinion on the subject. To achieve this goal, the work identifies the main legal principles shaping financial control. The thesis is divided into four main parts, each exploring different aspects of the topic. The first part introduces the conceptual framework of financial control in public administration. It defines public administration, financial activity, and financial control, emphasizing thein inter relationship. This section serves as the fundamental theoretical framework for further analysis. The second part focuses on legal principles as a general legal-theoretical concept. It presents the characteristic features attributed to legal principles and further elaborates on various categorizations of legal principles to ensure a comprehensive understanding of the subject matter. This part also serves as a theoretical basis for the subsequent analysis. The third part delves into the principle of 3E, its significance for...
What are substitutes for domestic money and what is their legal regime
Karpják, Jiří ; Kotáb, Petr (advisor) ; Vybíral, Roman (referee)
Domestic money substitutes and their legal regime Abstract Abstract Domestic money substitutes and their legal regime Abstract The thesis deals with the elementary legal aspects of the phenomenon of cash substitutes in the Czech legal system, especially in relation to the general prohibition of their issuance contained in Section 239 of the Criminal Code. In the introduction the thesis sets out to define the category of items falling under the concept of money substitutes and then to assess the extent to which the provisions constituting the legal regime of lawful money apply to these money substitutes. The thesis first defines the concepts of money, currency and the legal regime of lawful money, providing evidence in particular on the specifics impacting on the potential legal regime of money substitutes. After defining the basic concepts, the thesis analyses the current criminal law regulation of money substitutes. In this part, the author addresses selected problems described in the literature on the subject and discusses in detail the history of the current criminal law prohibition of money substitute, concluding that it is de lege lata an obsolete legal regulation which, without further action by the legislator, cannot be constitutionally applied within the framework of criminal law constrained by the...
Theoretical Aspects of Value Added Tax
Martiník, Pavel ; Vybíral, Roman (referee)
The thesis focuses on selected theoretical aspects of value added tax administration and pays special attention to two areas that have not been sufficiently treated by financial science so far. The first one is the definition and application of legal principles of financial law to value added tax and the second one is the transfer of value added tax administration to those involved in tax administration. The application of the sectoral legal principles of financial law takes place in both substantive and procedural law. The existing financial science in the Czech literature has concluded that the following principles are involved: (i) the principle of the market model of the national economy, (ii) the principle of the payment system, (iii) the principle of regulation of monetary funds, (iv) the principle of democratic legitimation of financial policy, (v) the principle of supervision in public financial activity, (vi) the principle of economic efficiency of financial relations and (vii) the principle of priority of the fiscus. However, nowhere is it satisfactorily defined what specific or rather abstract rules these principles contain and why they were chosen as general principles of financial law forming a regulatory umbrella over the entire field. Unlike the principles of tax law and the...

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