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Globální minimální efektivní korporátní daň
Hustáková, Klára
The objective of the bachelor thesis "Global Minimum Effective Corporate Tax" is to determine the impact of the introduction of a minimum effective corporate tax for selected groups of multinational enterprises based in the EU, in particular in relation to the impact on selected tax-related indicators. The bachelor thesis fo-cuses on the current and evolving issue of global taxation of multinational enter-prises. The theoretical part defines the concepts related to international taxation and multinational enterprises. Furthermore, the thesis examines in detail the OECD proposal and its two pillars. The practical part utilizes the findings from the previous sections to calculate the top-up tax for a group of companies based in the EU. The thesis argues that the current system of corporate taxation is outdated, and that the BEPS project represents a significant change in international taxation. The aim of the BEPS project is to increase transparency, reduce tax competition and promote fair taxation of multinational enterprises.
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International and intranational aspects of the double taxation
Chonka, Ivan ; Kotáb, Petr (advisor) ; Vybíral, Roman (referee)
International and intranational aspects of the double taxation Abstract This diploma thesis describes history (the recent one at least) of the need to regulate the taxation of international entities operating in more than one tax jurisdiction, its origins and the early efforts to create tax treaties preventing double taxation and the history of first internationally operating companies. It also compares tax treaties concluded between Czech Republic, Liechtenstein and Ireland, because there is a long-time gap between ratification of each of them, and thus we can observe, how did the Czech base tax treaty model change for this specific type of treaties during those years. The diploma thesis also summarizes differences between the treaties, provides a wider context regarding their basis, describes the specifics of Czech base model and evaluates the distinctions from the model treaties. Finally, the diploma thesis elaborates on the overall state of international taxation and especially in the Czech Republic, particularly in relation to its membership in European Union, in the BEPS initiative within the OECD (and Czech participation in it), and assesses Czech Republic's current condition regarding the economic state of the country, its most important trading partners and the challenges arising from the...
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Legal aspects of limiting undesirable tax optimisation techniques in the Czech Republic
Živný, Dominik ; Vybíral, Roman (advisor) ; Kotáb, Petr (referee)
1 Legal aspects of limiting undesirable tax optimisation techniques in the Czech Republic Abstract With the increasing globalisation and the related increase in the number of multinational companies, these companies are also trying to minimise their overall tax liability, which does not always correspond to the way in which the tax treatment in each country has been designed. The OECD was the first to address these efforts with its Action Plan against Base Erosion and Profit Shifting. Selected actions were implemented by the European Union in the form of a directive, thus obliging Member States to transpose them into their own national laws. The Czech tax law has thus incorporated new rules preventing undesirable tax optimisation. The anti-abuse rule, which had already been applied through case law, has been enshrined in the Tax Administration Act and, unlike the directive, affects both the entire tax system and all tax subjects. Its wording also corresponds to the conclusions of the Czech courts rather than to the wording of the Directive and, in my opinion, better reflects current practice. Although its scope is very broad, it should be applied sparingly. The interest limitation rule targets excessive in-group and out-group borrowing and is intended to penalize cases that are not covered by the thin...
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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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Anti-Tax Avoidance Measures from the Perspective of Czech, European Union and International Tax Law
Kappel, Jiří ; Boháč, Radim (referee)
This dissertation deals with the issue of tax avoidance, which has been intensively discussed at international, EU and national level in recent years and has led to relatively extensive reforms of general and specific rules responding to this problem. For this reason, the main objective of this dissertation is to identify the impact of anti-avoidance rules that can be applied in the Czech Republic on the application practice, especially in the area of corporate income tax. With regard to the main objective of the dissertation, two hypotheses are formulated which will be examined, namely that I. these rules currently represent a sufficiently effective solution to tax avoidance and II. these rules do not contradict fundamental legal principles. As the rules under examination are not contained only in domestic law, the issue will also be approached from the perspective of EU and international law. Among the scientific methods, the thesis mainly uses description to introduce the individual rules, analysis to critically assess them and synthesis to formulate conclusions, verify hypotheses and propose related normative recommendations. Key words Tax Avoidance, GAAR, SAAR, BEPS
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Tax avoidance by multinational corporations: evidence from new data
Vinogradov, Alex ; Janský, Petr (advisor) ; Palanský, Miroslav (referee)
The CbCR data published based on OECD's Action 13 of the 2015 Final Report represents the best macroeconomic CbCR dataset today. This thesis analyzes its second year of published data (2017), calculates historical ETRs and builds on top of the semi-elasticity model of profits with specifications successfully estimated on the 2016 data, with the use of OLS models, WLS models, which enabled the retention of the maximum amount of data and the unique use of Country Level Premium as a predictor proved itself as a better predictor than the alternative GDP per capita. The estimated semi-elasticity from the best model is then used to calculate the amount of shifted profits. JEL Classification B10, F01, F02, F15, F40, C21 Keywords BEPS, ETR, historical ETR, Country Risk Pre- mium Title Tax avoidance by multinational corporations: evidence from new data Abstrakt CbCR data jsou publikovaná v rámci akčniho bodu 13 Závěrečného reportu OECD a představují dnes ten nejlepší dataset ekonomickích dat, reportovaních po jednotlivích zemích. Tato diplomová práce analyzuje druhý ročnik techto data - pro rok 2017, spočitá efetivní daňovou míru a modeluje semi-elasticitu profitu pomocí OLS a poté WLS, terý umožni využít maximum pozorování z datasetu a zahrne riziková premia pro jednotlivé země jako preditor. Nejlepší...
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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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Daňové plánování prostřednictvím vnitropodnikového financování v post-BEPS kontextu
Cacková, Hana
Cacková, H. Tax planning through intercompany financing in the post-BEPS era. Diploma thesis. Brno: Mendel University, 2017. This diploma thesis deals with evaluating the impacts of BEPS recommendations in the area of hybrid financing structures on tax planning of multinational companies. The thesis consists of two main parts. The first part contains a review of the literature regarding international tax planning, intercompany financing and hybrid financing structures. The second part analyses the BEPS Action 2 recommendations and evaluates it with the use of SWOT analysis and case studies.
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