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Expatriate Taxation
Britz, Thomas ; Novotný, Petr (advisor) ; Vondráčková, Pavlína (referee)
RESUMÉ IN ENGLISH Thomas Britz Expatriate Taxation With globalisation increasing, the tax aspects connected to the free movement of employees around the world are of particular importance to companies with subsidiaries around the globe. The goal of my thesis is to explore the risks involved in expatriate taxation. The first chapter is dedicated to the definition of the terms employment and secondment from the point of labour law, European social security coordination law and tax treaties. I think that the main characteristic of employment consists in the fact that it is the opposite of entrepreneurialism. The second chapter explores the general function of taxation, double taxation and its avoidance by bilateral tax treaties. Chapter three introduces the reader to discrimination in trans-border income tax cases and analyses the Schumacker ruling of the European Court of Justice, as a result of which tax reliefs can now be claimed in the European Union by non- residents, provided that 90% of their income originates from employment in the country that provides for such tax reliefs to its own residents. Chapter four discusses the definition of tax residence, the determination of residence under the Czech Income Tax Act and establishes when individuals are considered tax residents due to, inter alia, domicile...
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Expatriate Taxation
Britz, Thomas ; Novotný, Petr (advisor) ; Vondráčková, Pavlína (referee)
RESUMÉ IN ENGLISH Thomas Britz Expatriate Taxation With globalisation increasing, the tax aspects connected to the free movement of employees around the world are of particular importance to companies with subsidiaries around the globe. The goal of my thesis is to explore the risks involved in expatriate taxation. The first chapter is dedicated to the definition of the terms employment and secondment from the point of labour law, European social security coordination law and tax treaties. I think that the main characteristic of employment consists in the fact that it is the opposite of entrepreneurialism. The second chapter explores the general function of taxation, double taxation and its avoidance by bilateral tax treaties. Chapter three introduces the reader to discrimination in trans-border income tax cases and analyses the Schumacker ruling of the European Court of Justice, as a result of which tax reliefs can now be claimed in the European Union by non- residents, provided that 90% of their income originates from employment in the country that provides for such tax reliefs to its own residents. Chapter four discusses the definition of tax residence, the determination of residence under the Czech Income Tax Act and establishes when individuals are considered tax residents due to, inter alia, domicile...
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Accounting and tax aspects of the employment of foreigners
Fišerová, Hana ; Müllerová, Libuše (advisor) ; Maierová, Pavlína (referee)
This diploma thesis deals with accounting and tax aspects of the employment of foreigners in the Czech Republic. The thesis is divided into several chapters. In the first chapter is briefly explained the general concepts such as tax residence , the monthly wage taxation , permanent establishment and the difference between the economic and legal employer , etc. The next chapter deals with double taxation treaties with a focus on article No. 15. Next section focuses on the general description of the employment structures, which include - local employment contract, posting and lease of personnel. The greatest attention is paid to international lease of personnel, where I focus on defining the legal framework , taxation and social insurance. All the problems are shown on a practical example.
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European coordination of social security: rules for determination the applicable legislation
Kněžická, Šárka ; Tepperová, Jana (advisor) ; Bušovská, Monika (referee)
The aim of this master thesis is to analyse practical impacts of special rules for determination of applicable legislation in accordance with the Regulation No. 883/2004 and its implementing Regulation No. 987/2009. Further the thesis seeks to identify potential negative effects connected to application of the single insurance principle as well as deficiencies arising out of practical performance of European coordination and to discuss the eventual solutions to undesirable effects caused by weak sides of coordination regulations. The thesis is divided into four chapters: an introduction is followed by a chapter about general principles of European coordination of social security systems and about current developments in this field. The topic of a second part is an institute of posting according to Art. 12 of the Regulation No. 883/2004, a distinction here is made between employees and self-employed persons. This chapter further contains procedural rules and an overview of issued portable documents A1 (E 101 forms) during the years 2009 - 2011. Third chapter deals with pursuit of activities in two or more Member States in accordance to Art. 13 of the Regulation No. 883/2004. Special attention is paid to a fine line between posting and pursuit of activities. A problem with retroactive determination of applicable legislation is discussed in the last subchapter of the thesis. This problem is being recently solved by Czech institutions and employers. They are trying to find a solution preventing negative consequences of such a retroactive determination. Exception governed in Art. 16 of the Regulation No. 883/2004 is a subject of the fourth chapter. Situations where an exception is a possible and suitable solution are presented here as well as statistics about requests for exemption from Czech resp. foreign laws.
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International hiring out of labour from a tax perspective
Mužíková, Tereza ; Marková, Hana (advisor) ; Vybíral, Roman (referee)
This master thesis is devoted to tax issues of international hiring out of labour and aims to summarize this field into a complete overview. The Institute of international hiring out of labour brings us to a three-sided relationship where the employer is leased by his legal employer to an economic employer who enjoys the fruits and benefits of his work. The work is structured into five chapters. The first two chapters outline the current situation and general concepts. The third chapter can be considered as crucial. In this part of the master thesis is described the tax impact on a leased employee and the employer's business. The tax consequences for the legal employer are mentioned only in connection with the formation of a permanent establishment. The following chapter deals with some of the problems that occur in practice, and that is the confusion of the Institute of international hiring out of labour for contract for the work. The last chapter deals with some aspects of international hiring out of labour in the German Federal Republic.
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