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A single place of collection regarding employment
Sedláčková, Jana ; Boháč, Radim (advisor) ; Kohajda, Michael (referee)
This diploma thesis is divided into 5 chapters. The thesis is supplemented by 7 attachments. The thesis deals with the single place of collection, with the reform of tax and insurance payments collection. Introduction of the single place of collection would radically change the field of taxes and insurance payments imposed in connection with employment. This thesis compares the legislation of the end of 2013 and the legislation proposed by the draft of act on public insurance payments and personal income tax administration. The latter one is compared in key different aspects with legislation of the act No. 458/2011 Coll., on Amendment of Acts in Connection with Establishment of Single Place of Collection and on Other Amendments to Tax and Insurance Acts. The brief definition of the single place of collection through its main goals and principles in the first chapter is followed by the chapter on the history of the single place of collection project. The failure to follow the schedule as well as the participation of the World Bank is pointed out. The legislative process of the acts and the Senate legal measure implementing the first phase of the single place of collection is briefly described. The third chapter composes of two crucial parts. Firstly, the legislation of public health insurance,...
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Financial and administrative aspects of the support and taxation of solar energy
Jančová, Kateřina ; Boháč, Radim (advisor) ; Kohajda, Michael (referee)
This thesis examines with subsidies and taxes related to renewable energy generation, solar energy generation in particular. I have chosen this topic for its relevance to current situation and ongoing attention it enjoys from the media. The work comprises of five sections. In the first section, I focus on original renewable energy legislation that was in effect till year 2012. Here I discuss both Czech and European legislation with emphasis on the Czech system of subsidies based on the the Act No. 180/2005 Col. In the second part, I deal with solar generation boom during 2009 a 2010. I describe both causes of the solar boom and legislation adopted to lessen its negative effects. Specifically, I discuss the levy on solar generation, which has caused widespread debate and protests from the owners of the solar generation installations. Moreover, I discuss the reversals of the income tax examptions related to renewable electricity generation. The third part deals with finding of the Constitutional Court of the Czech Republic that reflects constitutional complaint of certain group of senators. This complaint postulated that aforementioned levy and reversal of the income tax exemption are unconstitutional, for they, according to those submitting the complaint, had retroactive effect and thus violated...
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The abuse of right in Taxes
Hoppe, Gabriela ; Boháč, Radim (advisor) ; Kohajda, Michael (referee)
Abuse of law in taxes - abstract The author has decided to choose this particular topic as it concerns her occupations as tax advisor. The doctrine of abuse of law is actually becoming more frequent not only in the tax cases decided by the Court of Justice of the European Union, by the Czech Supreme Administrative Court and lower Czech courts but also often occurs in the regular tax proceeding conducted by all levels of the Czech tax administration. The aim of the author was to analyse the doctrine and try to develop a practical instrument for decision making of common Czech taxpayers. The thesis is decided in two parts and conclusion. In the first part, the doctrine of abuse of law and related concepts as tax avoidance, tax evasion, substance-over-form rule, sham transactions and tax optimization in the Czech law theory and legislation is analysed, in second chapter the author has looked more closely into cases decided by Czech courts. In the third chapter are analysed the most important cases concerning abuse of law decided by the Court of Justice of the European Union. In second part of the thesis are commented some practical measures to avoid harmful tax planning arrangements used as in the Czech republic as abroad, including the recently adopted BEPS Action Plan of OECD which refers to tax planning...
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The Comparison of taxation of income of individuals - employees and antrepreneurs
Kachlíková, Barbora ; Boháč, Radim (advisor) ; Vybíral, Roman (referee)
Resumé The diploma thesis is entitled The Comparison of taxation of income of individuals - employees and entrepreneurs. Basically it is divided into three main parts. The main goal of the diploma thesis is to find out whether there is a difference between the taxation of employees` income and entrepreneurs` income. If the difference exists then find out why and whether it should be eliminated. The thesis distinguishes two main comparisons - one that is focused on the employees or entrepreneurs as a group and other which concentrates on taxation of concrete individuals of each group. In the end some proposals of changes are given. The thesis is structured into three parts. The first one is trying to define essential terms of the thesis such as - a tax, an employee or an entrepreneur. As for the tax the thesis marks the social security and health insurance contributions as a part of taxation too because they are very similar to traditional meaning of a tax. When there is spoken of an employee the thesis is trying to suggest the difference between its meaning in labor law and financial law. The next chapter describes a tax base and how it is created for an employee or entrepreneur. The standard procedure is mentioned but mainly it is focused on the essential differences between the taxpayers when the tax base...
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Comparison of regulation of property transfer tax and the tax on the acquisition of immovable property
Jirásek, Tomáš ; Boháč, Radim (advisor) ; Vybíral, Roman (referee)
Comparison of regulation of property transfer tax and the tax on the acquisition of immovable property This diploma thesis is devoted to comparison of real estate transfer tax based in act n. 357/1992 Sb. and tax on the acquisition of immovable property based in statutory measure of Senate n. 340/2013 Sb. This legal act of Senate was enacted due to the recodification of private law in Czech republic in 2014. Thesis is based on comparation of particular tax elements and specific legal provisions. The aim is to identify the reasons for these changes, check the possibility of applying historical judgments on new regulation and consider the legislation in terms of de lege ferenda. The work contains only substantive part of legislation. The first chapter deals with general introduction to tax theory. It defines the term tax, its properties and tax elements. This chapter also displays tax system. The second chapter is devoted to a general description of both taxes and the fundamental reasons for adopting the new regulation. It also discusses new institutes of the new Civil Code, for which it was necessary to adopt new legislation. Speculates also about the form of a statutory measure of the Senate codification. The third chapter is dedicated to the comparison of the specific statutory provisions contained...
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Taxation of Trust Fund
Karas, Ladislav ; Boháč, Radim (advisor) ; Vybíral, Roman (referee)
The Trust Fund is for the Czech law a completely new institution, therefore its deeper legal examination and interpretation of its individual provisions is just at the beginning. It is generally regulated by the Act no. 89/2012 Sb., the Civil Code, as amended. The essence of the Trust Fund lies in the fact that the Settlor separates a specified part of his property and entrusts it to some purpose. This creates a separated property, to which has the original owner (the Settlor) no ownership rights. Management of this separated property performs the Trustee. However, he has no ownership of this property. Property in the Trust Fund does not belong to anyone, but the Trustee can dispose of it. The aim of this thesis is to comprehensively summarize and analyze the taxation of the Trust Fund according to the regulation applicable in 2014 and also after its revision in January 2015. The thesis identifies the problems and uncertainties in taxation of Trust Fund. It explains how these problems were solved by the revision of the Tax Law and in case of persisting uncertainties proposes solutions de lege ferenda. The thesis is divided into two main parts. The first part deals with the institution of Trust Fund. There is explained its essence, function and obligatory requirements. The second, main part of this thesis...
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Internal normative acts as sources of tax procedure
Sládková, Tereza ; Boháč, Radim (advisor) ; Vybíral, Roman (referee)
The thesis is concerned with internal normative acts in the field of tax procedural law. Theoretical part of this work is based on current literature and relevant case law of the Constitutional Court of the Czech Republic and the Supreme Administrative Court of the Czech Republic. All findings of the theoretical part are used and analysed in the practical part - in the field of tax procedural law. The thesis consists of five chapters. These chapters are subdivided into several parts to obtain comprehensibility of this thesis. The first chapter deals with the term tax procedural law and its classification in the system of law. Tax procedural law is a part of the legal area of tax law. Tax law is included in the legal branch of financial law and that is why both tax and financial law are defined in this chapter. Finally, this chapter focuses on subjects of tax administration (including description of basis of organization structure of Financial and Customs Administration of Czech Republic). The second chapter clarifies the definition of the sources of law. It is particularly focused on formal sources of law because the ability to recognise formal sources of law is crucial for further analysi in the third and the fifth chapter. Formal sources of tax law in the Czech Republic are described at the end...
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The accounting and tax law aspects of the role of judicial executor and execution proceedings
Štika, Martin ; Karfíková, Marie (advisor) ; Boháč, Radim (referee)
The doctoral thesis deals with the tax and accounting aspects of the judicial executor and the execution proceedings under the current legislation, which already takes into account the new Civil code. In a very consistent manner the thesis presents the different approaches, in terms of the two of the main areas of economically juridical areas which arise during the in the exercise of the profession of a bailiff. In the first area a bailiff acts as a businessman who must ensure the functioning of the office of executor in terms the material aspect, but also in terms of the human resources aspect. The second area then deals with the accounting and tax aspects related to the performance itself and other enforcement activities pursuant to a valid order of execution . The doctoral thesis also includes the juridical and historical genesis of the institute of the legal bailiff and the enforcement proceedings in the Czech Republic. It also briefly explains the modern and the currently applicable enforcement proceedings, including the definition of a bailiff persons for the purposes of tax obligations. Each chapter is accompanied by practical examples. KEYWORDS judicial executor, execution proceedings, taxation, value added tax, accountancy
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Taxation of employees posted from the Czech Republic to foreign countries and employees from abroad posted to the Czech Republic
Krupa, David ; Boháč, Radim (advisor) ; Vybíral, Roman (referee)
The taxation of the employees assigned from the Czech Republic abroad and from abroad to the Czech Republic The theme of this Thesis is the taxation of the employees assigned from the Czech Republic abroad and from abroad to the Czech Republic. The Thesis analyses this issue in order to allow the reader to understand the ways of employed natural persons' taxation and how this is influenced by various foreign assignments set-ups. The aim of the Thesis is to introduce the reader to this issue in its full range from the wide analysis of international migration of workers to specific tax impacts and practical examples. From time to time I also point out the insufficiencies in relevant Czech tax and other related legislation. The Thesis consists of five key chapters. The initial chapter focuses on analysis of the international migration of workers both from global as well as local perspective and also examines its widespread and its potential future development. It also focuses on definition of the term employee. Second chapter concentrates on explanation of basic terminology that is essential for understanding and dealing with the presented issues such as tax residency and its impact on tax liability of natural persons. As this issue is rather complicated one and as it suffers from heterogeneous...
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The effect of private law re-codification on property and transfer taxation of immovables
Jílková, Adéla ; Boháč, Radim (advisor) ; Marková, Hana (referee)
The thesis engages in a influence of re-codification of the Civil Law on the property taxation and transfers of real estates. This thesis deals with legal tax changes which effect property transfers and passages of real estates. I have included to the new regulation Private Law in the new Civil Code which has come into effect from January 1 st, 2014. I pay attention especially to a concept and a definiton of real estates, an institute of property and other ways of use of real estates. In respect of the subject the text mentions the current system of taxes in the Czech Republic. The thesis focuses especially on the legal adjustment real estates tax that taxes the property to the real estates, value added tax, income tax and tax on real estate acquisition which tax transactions with real estates. I would mark as the main chapter the tax on real estate acquisition that has substituted the last property transfer tax. In the ending of the thesis there is introduced the comparison of taxes relevant to real estates in foreign legal adjustement. The thesis is treated upon the valid legal adjustment at the date of May 30, 2014.
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