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Daňové plánování a změny struktur financování v návaznosti na BEPS
Křenek, Daniel
Křenek, D. Tax planning and changes of financing structures according BEPS. Diploma thesis. Brno: Mendel University, 2018. This doploma thesis deals with quantification of impact into companies tax bases, which are using tax planning related to intra group financing. Quantification is done before and after application BEPS rules. The thesis consists of two main parts. The first part contains a review of the literature, which defines mainly problematic of tax planning using intra group financing, basic tax structures, thin capitalisation rules, analysis of action plan number 4 BEPS and analysis of ATAD direction. The second part quantifies impacts into tax bases companies before and after implementation of ATAD.
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Taxing the digital sector
Ondřej, Lukáš
This thesis is about the taxation of the digital sector of the economy. Currently, this issue is being discussed because of the fast development of these services, where the current rules for taxation of goods and services are still dependent on the physical presence of entities at the point of sale and thus unusable. The work is focused on existing systems and proposals on how to tax this sector in the EU, problematics in international tax planning and aggressive planning to reduce the tax base. The aim of the thesis is to compare available proposals and established regimes in the EU and to draw a proposal for taxation of digital services for the Czech Republic. The main method of this thesis is to analyze the obtained data for the subsequent comparison of indicators and benefits for the Czech Republic. The thesis offers an insight into the digital sector, countermeasures by individual states by application of unilateral measures and the EU measures and effort to come up with a common tax regime. The main benefit of the thesis is the proposal for taxation of the digital sector in the Czech Republic and the estimate of possible revenues. The Czech Republic has started to address this issue in early 2019, but it is still uncertain how or when this taxation will occur.
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Corporate structures
Posmiková, Simona ; Novotný, Petr (advisor) ; Vondráčková, Pavlína (referee)
The main goal of the thesis is to identify and explore the possibilities of using corporate tax structures in detail. And, moreover, how it influences corporate income tax and personal income tax with a focus on the partners of these corporate entities. The first part of the thesis represents the theoretical framework, especially the explanation of the basic concepts related to tax corporate structures and the most important limits in their compilation. This section also includes recommendations primarily made by the OECD to remove parts of the legislation that allows the transfer of profits between entities or to fill gaps in this legislation that allows the use of tax relief in unjustified cases. The thesis also contains the current legislation of the European Union and the Czech Republic regarding tax policy. The first part of the thesis in the above context is processed in chapters 1 to 5. In the second part, starting from chapter 6, I analyse the adjustment of the corporate structure of the Amazon group and I make suggestions for possible methods of establishing transfer prices for transactions carried out within this group in the Czech Republic. In this section of the thesis I also compare the possible effects on the tax burden in the case of a differently set corporate structure of the...
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Legal aspects of the fight against tax evasion
Do Thai, Quang ; Vybíral, Roman (advisor) ; Sejkora, Tomáš (referee)
This thesis deals with the legal aspects of the fight against tax evasion with a particular focus on current legal instruments within the Czech legal order. The thesis is divided into five parts. The first part of the thesis defines the concept of tax evasion, compares the concepts of tax avoidance and tax evasion in the foreign literature. The term tax evasion does not have a legal definition in the Czech legal order and different views of the meaning of this term can be found. This thesis works with tax evasion as an illegal arrangement aiming at minimizing one's tax liability, as well as acting towards circumventing tax legislation. The second part also summarizes the knowledge about BEPS and its influence on the state budget, competition and society. The third part is devoted to selected specific legal instruments in the fight against BEPS, namely the institute of abuse of law, transfer pricing rules, low capitalization, international cooperation and double tax treaties. These tools are described in detail and their current form is analyzed. The work also expresses the author's personal opinion on these tools, which he considers to be very conservative. Similarly, the instruments introduced into the Czech legal system with the implementation of the ATAD Directive are analyzed. The last part of...
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International double taxation
Řezníčková, Markéta ; Kotáb, Petr (advisor) ; Sejkora, Tomáš (referee)
This diploma thesis deals with some questions of the international double taxation, particularly with the basic terminology and principles of the international taxation, bilateral double taxation treaties and new tools of legal regulation of the international double taxation such as BEPS, MLI, a package of European directions called Anti-BEPS and its implementation into the Czech law. The aim of this thesis is to identify, describe and analyse sectional questions in respect to long-term and current evolution. In the introduction I briefly introduce the topic. Afterwards the thesis is divided into four chapters that are linked to each other. The first chapter presents to the reader basic terminology and explains basic principles of this field independently and in relation to current legal regulation. Further I describe the types of double taxation and other institutes related to the international double taxation such as international double non-taxation. The second chapter deals with means of elimination of the international double taxation. Two basic methods are described and some of them are represented by basic examples. There are also described means of elimination of the international double taxation that can only be used in tax treaties (not in the national law). The last subchapter describes...
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European Tax Havens - Case Study
Dendisová, Zuzana ; Hraba, Zdeněk (advisor) ; Dupáková, Lenka (referee)
Diploma thesis "Tax Havens in Europe- Case Study" analyses offshore business in Europe at the turn of years 2017 and 2018 from legal and economic perspective. The first chapter is an introduction to tax havens. The second chapter clarifies legal regulations of offshore business in Europe. The third chapter applies theoretical knowledge from previous chapters in a case study.
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Legal aspects of tax planning in the direct tax area
Kamínková, Petra ; Karfíková, Marie (advisor) ; Boháč, Radim (referee) ; Papoušková, Zdenka (referee)
Title in English: Legal aspects of tax planning in the direct tax area Abstract: In 2012, the European Commission published its Recommendation on aggressive tax planning (2012/772/EU). To counteract aggressive tax planning, Member States should adopt a general anti-abuse rule (GAAR), which is drafted in the Recommendation. At that time, no one knew that GAARs would become obligatory for member states from 2019. In 2013, Organization for Economic Co-operation and Development (OECD) started the BEPS Project, which is considered the biggest revolution in the international tax law system since its creation in the 1950s. I introduce these initiatives and the legal instruments they bring. I focus on GAARs, which I consider to be the most important instruments. Their vagueness allows them to tackle any tax planning scheme. Their importance in the direct tax area grows as they become part of tax treaties based on the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting signed on 7 July 2017 and part of the national legal systems of the EU member states based on 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. First part of this thesis focuses on...
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Comparison of the corporation tax base in selected OECD countries
Dzhalavyan, Arutyun ; Láchová, Lenka (advisor) ; Kouba, Tomáš (referee)
The main aim of my thesis is to compare the legislative regulation of corporate taxation in selected OECD member states with a focus on the tax base. The partial aim of my work is to determine the impact of BEPS actions on corporate taxation not only as a whole, but also within selected countries. This thesis is focused on Great Britain, Belgium and Spain. The first part of this thesis introduces us the relevant concepts, the subsequent chapter focuses on the BEPS initiative and in the last part of the thesis deals with the legislative regulation of the corporate taxation in the selected countries and their comparison.
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