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Mergers as seen by tax law
Korcová, Tereza ; Marková, Hana (advisor) ; Vybíral, Roman (referee)
This diploma thesis deals with the tax aspects of mergers. It is divided into three chapters. The first describes general characteristics of mergers such as the reasons for undertaking mergers, a classification of various types of mergers, and a description of the merger progress. The next chapter analyzes Czech and EU legislation. The last chapter contains a detailed analysis of the tax aspects of mergers, especially in terms of income tax.
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The costs in financial accounting and their influence on the tax base
Puchernová, Karolína ; Jurka, Robert (advisor) ; Čermák, Jiří (referee)
This bachelor's thesis deals with issues of selected costs in accounting and fiscal regulations in conditions of the Czech republic. It refers to international rules in some cases, for example in case of definition of costs. The first two chapters pursue predominantly theoretical definitions, where the costs are analysed in detail from accounting and fiscal perspective. Practical part is contituted by the third chapter and the fouth chapter. In third chapter are interpreted selected practises of the Czech courts. The fourth chapter depicts concrete fiscal impacts on selected issues.
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Dvojí státní občanství v judikatuře Soudního dvora EU
Dudrová, Kateřina ; Grmelová, Nicole (advisor) ; Hubková, Pavlína (referee)
This work focuses on the case law of the Court of Justice of the European Union regarding dual nationality and the explanation of the characteristics of the terms related to this issue. It tries to facilitate the work with judicial decisions for readers and to help with their understanding by outlining the basic concepts. Furthermore, its effort is to analyse the chosen case law, compare the judgments with the opinions of the Advocates General and to try to find the certain evolution in decisions of the Court of Justice of the European Union. This would lead to the understanding of the fundamental points of dual nationality in the end.
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Daňové aspekty soudních sporů v oblasti převodních cen
Volný, Karel
The aim of this thesis is to deduce the consequences of the tax aspects of transfer prices to the taxpayer based on the analysis of selected lawsuits in the area of transfer pricing and case law in this area issued by the Supreme Administrative Court of the Czech Republic (or the EU Court of Justice). The literature review describes the basic concepts, relationships and the transfer pricing legislation. My research deals with the analysis of selected lawsuits as well as with derivation of conclusions from analysing these lawsuits which provide the reader with an overall guide - what has been the court in certain field solving, what has been decided and what should the taxpayer and the tax administrator beware of. Conclusion of the case law is related to specific areas of its usage (rent, production, loans) as well as to the common universal principles - for instance allocation of the burden of proof, the importance of expert opinions or the procedure of calculation of prices.
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Entertainment costs from the corporate income tax point of view
Veselá, Lucie ; Marková, Hana (advisor) ; Vybíral, Roman (referee)
The aim of this thesis is to evaluate the current legislation concerning the entertainment costs which are treated as tax non-deductible expenses in the Czech Republic. Further, this thesis compares these costs with promotion and sponsorship costs which are frequently interchanged in practice. After evaluation of the existing legislation in this area, I focus on the question whether these expenses should be treated as non-deductible expenses from the tax point of view while I base my opinion on the current state of Czech legislation, literature, case law and law of Germany and the United Kingdom.
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Freedom of Establishment of Companies in European Law
Horák, Milan ; Grmelová, Nicole (advisor) ; Patočka, Radim (referee)
States have traditionally dealt with foreign companies on their territory within their private international law. The arrival of European law and enactment of freedom of establishment though considerably constrained capabilities of member states, whereas companies gained the right of establishment. The aim of this thesis is characterization and specification of the relationship between the freedom of establishment, member states and companies incorporated under laws of member states. The main focus of this thesis is analysis of ten most important cases by the Court of Justice of the European Union concerning the freedom of establishment of companies, which significantly transformed mentioned relationship. Subsequently the thesis summarizes the conclusions of analyzed cases by subject of evolution of primary and secondary freedom of establishment, standing of pseudoforeign companies, conformity with incorporation theory and real seat theory and lastly ways of statutory and/or real seat transfer. The main contribution of the thesis is the very detailed case law analysis, including the newest case Vale from July 12th 2012, and also the case law classification by object.
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The right to VAT deduction from the perspective of the Court of Justice of the EU
Skalická, Lucie ; Zídková, Hana (advisor) ; Pavel, Jan (referee)
This thesis focuses on the rules for claiming deduction of value added tax as a major component of the VAT. The first chapter is devoted to domestic legislativ, which gives the right to deduct. Then it moves into areas of European legislation, which is mainly defined by Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax. In its interpretation, however, there are many uncertainties that the Court of Justice of the EU resolves by its case law. This thesis provides an explanation of the role of the Court of Justice of the EU and its case law and mapping of the right to VAT deduction from the Czech Republic joined the European Union. The last chapter is devoted to analysis of selected case law from the rules for claiming deductions.
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