|
|
Remedial and Supervisory Measures in Tax Proceeding
Košut, Martin ; Houdek, Martin (referee) ; Kopřiva, Jan (advisor)
The bachelor thesis deals with remedies (ordinary, extraordinary and supervisory), especially in terms of Act no. 280/2009 Coll., The Tax Code, as amended. The aim of this thesis is to find, characterize, systematically describe and explain the remedies that are available to all persons involved in tax proceedings, including proceedings in administrative justice. Furthermore, relevant jurisprudence of the Supreme Administrative Court is described, which deals with appeals.
|
|
|
Income Tax Determination According to Materials and Information
Svoboda, Daniel ; Jarošová, Tereza (referee) ; Kopřiva, Jan (advisor)
This diploma thesis is focused on the procedure of the tax administrator in case of non-fulfillment of the prescribed duties imposed on the taxpayer during the proving and the subsequent transition to the tax determination according to instruments. The introductory part defines the basic theoretical concepts of tax administration and the way in which tax is determined. The analytical part is devoted to the current jurisprudence of the Supreme Administrative Court focused on the issue of tax determination according to instruments. The result is a proposal of the methodical procedure of the tax administrator for tax assessment according to instruments is compiled, which is subsequently applied on model examples.
|
|
|
The tax audit from the perspective of the fundamental tax administration principles
Špírková, Taťána ; Marková, Hana (advisor) ; Kohajda, Michael (referee) ; Radvan, Michal (referee)
The tax audit can be defined as one of the practices of the tax authorities modified by Act No. 280/2009 Coll., the Tax Code. The aim of the tax audit corresponds with the basic aim of the tax administration, which is primarily to establish correctly a tax assessment. This dissertation is focused on the tax audit from the perspective of the fundamental tax administration principles. The presented dissertation is divided into nine chapters, most of which are further subdivided. The first chapter is focused on the determination of the tax audit. In the second chapter, the attention is paid to the constitutional principles controlling the tax audit, mainly to selected regulations of the Constitution and the Charter of Fundamental Rights and Freedoms. The following third chapter is focused on the isuue of good governance principles. The fourth chapter deals with the fundamental principles of tax administration, as expressed in the Tax Code in §5 - §9. These principles are specified as a basis for the next part of the work. Chapters five to eight are dedicated to the tax audit, which is divided into the beginning of the tax audit, the tax rights and responsibilities during the tax audit, the progress of the tax audit and the final chapter is focused on completion of the tax audit. The last chapter is...
|
|
|
Tax offenses in the Czech Republic
SVOBODNÝ, Lukáš
The main aim of this diploma thesis is to clarify in general the tax offenses and, of course, possible crimes closely related to this issue in the Czech Republic. Tax offenses and generally complex issues related to taxes affect every socially active citizen, ie natural persons and legal entities at the same time. Each entity strives to minimize the tax burden, as most companies view tax as a financial expense, regardless of the broader context and importance of taxes as government revenue to secure public goods. The basic source of this diploma thesis is Act No. 280/2009 Coll., Tax Code, as amended. However, the Tax Code itself is not the only source of tax law, an important source is also Act No. 456/2011 Coll., On Financial Administration. In the Czech Republic, the tax system is divided into several specific taxes. Each tax is governed by its own law. In addition to the laws, there are also other legal norms, such as the instructions of the General Finance Directorate, public notices or directives of the European Union.
|
|
|
Time-limits for tax assessment
Červinková, Andrea ; Boháč, Radim (advisor) ; Kohajda, Michael (referee)
77 Abstract The purpose of my thesis is to analyze the current tax administration regulation with respect to the time-limits of tax assessment. The reason for my research is the fact that a new tax administration code came in force recently where lot of interpretational conclusions were codified. Due to the fact that the previously in force Act No. 337/1992 Coll., as subsequently amended, Code of Tax Procedure was prepared and approved in the hectic nineties of the last century, it has been suffering of several shortcomings. Some of its terms were not defined properly, some articles were not completely clear. Because this was an undesirable situation with a vast potential to negatively affect rights of its recipients, the code had to be completed and interpreted both by the Constitutional Court and the Supreme Administrative Court. These were the main reasons for the development of a completely new code instead of just another amendment. In the summer 2009 after long lasting discussions, the code was finally approved by the Czech legislation as the Act. No. 280/2009 Coll., Code of Tax Administration. The purpose of this paper is to determine how the main task was accomplished; this is whether the new code guarantees higher level of regulatory certainty for the tax administration recipients - above all for...
|
|
|
Time Limit for Tax Assessment
Alexa, Karel ; Marková, Hana (referee) ; Boháč, Radim (referee)
Time Limit for Tax Assessment The thesis deals with the time limit for tax assessment as it is regulated especially in the Tax Procedure Code (Act No. 280/2009 Coll.). The time limit for tax assessment represents a period of time during which it is possible to assess the tax. This time limit thus creates a time frame of the whole tax administration because tax decision is its aim, and in the case in which tax cannot be assessed there is no reason to proceed with any tax administration. Its main purpose consists in the establishment of certainty providing that after the lapse of the period of time, rights and duties relating to substantive tax law cannot be changed. The thesis is composed of two basic chapters. Chapter One is introductory and describes the phenomenon of time limits. It is subdivided into three parts. Part One focuses on the concept and categories of time limits. Part Two explains general aspects of the time limit for tax assessment. Part Three deals with the calculation of time limits. Chapter Two focuses on legal regulation of the time limit for tax assessment. Chapter Two is divided in ten parts. Part One defines the beginning of the time limit for tax assessment. Part Two looks at the extension of the time limit for tax assessment. Part Three deals with the interruption of time...
|
|
|
Fight against tax evasion from a procedural viewpoint
Kupcová, Kristýna ; Vybíral, Roman (advisor) ; Kotáb, Petr (referee)
1 Resume in english Fight against tax evasion from a procedural viewpoint This diploma thesis is about fighting against tax evasion from the point of view of procedural tools, which are regulated by Act No. 280/2009 Coll., The Tax Code. The tesis is divided into three main chapters. The first chapter defines basic concepts, essential for understanding the examined topic, particularly the term "tax" and "tax law". The second part of the thesis defines tax administration in general and basic principles of tax administration, which the tax administrator is obliged to follow in detection of tax evasion. The second part of the thesis also defines the concept of tax evasion for the purposes of this thesis. On one hand, it defines it as a crime regulated by the Criminal Code. But also as a conduct under the law, which pursues a purpose, which the legislature did not presume during preparation of the legislation and on the basis of such conduct, the tax is not set correctly, ie. in accordance with the Tax Code. The third part analyzes and examines the individual procedures for tax administration, regulated by the Tax Code. The detection activity of the tax administrator is analyzed in this part of the thesis, as well as local investigation activity carried out by the tax administrator, and effectiveness of these...
|
|
|
Problematika daňové kontroly a specifika komunikace se správcem daně
Diviš, Jakub
The diploma thesis deals with issues of tax inspection and communication with the tax authority. The theoretical part of the diploma thesis defines the basic concepts needed to analyze the tax inspection. The second part of the diploma thesis includes an analysis of the tax inspection and the communication with the tax authority. Based on this analysis is identified the main problems in the tax administration, and afterward proposed solutions to the main problems.
|
|
|
Securing orders in theory and practice of the financial government and administrative courts
Vondráková, Michala ; Boháč, Radim (advisor) ; Vybíral, Roman (referee)
Securing orders in theory and practice of the financial government and administrative courts Abstract This work explains the institute of securing order, as defined in Act n. 280/2009, Coll., tax code. The aim of this thesis is to analyze how the securing orders were used by the Financial government and consequently judged by the Supreme Administrative Court of the Czech Republic. The first part of the work in concerned with the theory of securing orders, meaning their function, the way they are used and conditions for use as well as their termination. In this part, there are also the statistics of their use issued by the Financial government. This part of the work is based on commentaries of the Tax Code by Baxa and Kaniová, and Lichnovský, also a new publication by Vladimír Balcar and articles by experts on this topic from the ranks of tax advisors, Tomáš Hajdušek and Jan Rambousek. The second part of the work contains a description of five court decisions that prove that the institute is neither negative nor positive by itself, but it depends on its use by the Financial government. As an illustration, I chose cases that either confirm or reverse the securing orders. Specifically, in the second part I describe the following cases: the case of Českomoravská olejářská komanditní společnost (4 Afs 22/2015-...
|
|
|
Recovery of tax arrears and tax execution
Havlovicová, Jaroslava ; Vybíral, Roman (advisor) ; Boháč, Radim (referee)
Recovery of tax arrears and tax execution Abstract The aim of this diploma thesis is the processing of the topic of tax arrears recovery and tax execution, which are crucial areas in the legislation of all democratic rule of law. My original intention was to focus on the analysis of legislation, but also on practical issues, real problems and their possible solutions. I divided the thesis into four parts, which are further divided into chapters and subchapters. The first part of the thesis is devoted to the current legal regulation of the recovery of tax arrears, which is largely embodied in the Rules of Tax Procedure. In several cases significant changes have occurred with the legal effect of this Act, in such cases the comparison with the previous legislation was made. Recovery of tax arrears in the meaning of the term covering various ways of recovery including tax execution is modified in the second part of this thesis. In this part the major focus was given on the statutory procedures during the recovery of arrears through a bailiff and during the recovery of the tax administrator's claim against the tax debtor in insolvency proceedings. Since these two ways are primarily governed by different laws than tax execution, I particularly tried to emphasize the differences between the methods of recovery...
|
guest ::
