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Tax Havens and Their Use
Komárková, Renata ; Filipová, Vladimíra (referee) ; Kopřiva, Jan (advisor)
This master thesis deals with the characteristics of tax havens, approach beneficiary companies and way of their use and potential abuse. The first part defines basic terms, which are tax havens are closely linked. The second part is devoted to the characterization chosen tax havens in different areas of model-based taxation example of two types of companies. The third part contains the suggestions and recommendations for setting up a company in a tax haven.
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International Tax Planning
Javůrková, Lenka ; Žaludová, Pavlína (referee) ; Kopřiva, Jan (advisor)
This thesis „International tax planning“ “ puts brain to legal entity income tax and it is looking possible solutions to tax optimalisation in EU and other world continents for. The first part put one´s mind to tax competition and legislation, in the others parts income tax, OECD model convention, tax law in selected member´s states incl. Czech republic and certain foreign tax systems. The last part put one´s mind to company´s structure and possibilities of tax optimalisation.
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International Tax Planning and its Impact on Company's Economy
Vlk, Tomáš ; Koutný, Jiří (referee) ; Kopřiva, Jan (advisor)
Aim of my master’s thesis on the topic „International Tax Planning and its Impact on Company's Economy“ is to evaluate current business model of the firm Jelko which is using it for products selling to the Slovakia. Based on the currect model analysis I will introduce other models, which could cause higher efficiency of advantageousness. I will analyse advantages and disadvantages of each model and following this analysis I will choose the best model which I will recommend to the firm in order to consider it and eventually to implement it.
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General Anti-Abuse Rule
Vraštil, Martin ; Sejkora, Tomáš (advisor) ; Kotáb, Petr (referee)
GeneralAnti-Abuse Rule Abstract This thesis first deals in general terms with the basic classification of taxpayers' strategies for reducing their taxes based on compliance of these strategies with the law. It then focuses on the legislative responses having the form of General Anti-Avoidance Rule of the supranational and the state entities which are most relevant in relation to Czech taxpayers. These are the General Anti-Avoidance Rules contained in the sources of European Union law and the General Anti-Avoidance Rules contained in the legal order of the Czech Republic. The aim of this thesis is to determine the content of the General Anti-Avoidance Rule and thus to answer the question of what this measure truly is. This aim is achieved by analysing relevant sources of law and secondary literature, by describing the content of the European and Czech General Anti-Avoidance Rules and by comparing them with each other. In the chapter which is dealing with General Anti-Avoidance Rules in the European Union, this thesis first focuses on the historical development of various forms of General Anti-Avoidance Rules in European Union law. In this chapter the author then describes the particular components of a European General Anti-Avoidance Rules, which precisely represent the procedural steps a tax authority...
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Circumvention of the law, real contents of legal acts and the abuse of law in relation to tax planning
Horák, Milan ; Boháč, Radim (advisor) ; Kohajda, Michael (referee)
The purpose of my thesis is to analyze and characterize circumvention of the law, real content of legal acts and abuse of law in relation to tax planning. To combat tax abuse tax administrator has these three instruments available which in turn set limits of tax planning. The thesis is composed of four chapters. Chapter One differentiates between tax planning, tax abuse and tax evasion as different methods of lowering tax liability. Chapter Two consists of four subchapters, first three containing analysis and characteristic of circumvention of the law, real contents of legal acts and abuse of law. Each of these subchapters builds upon general definition which is then refined by case law of the Supreme Administrative Court and concludes with typical cases. The fourth subchapter deals with "tax evasion by other means" which some authors consider a similar instrument. The third chapter summarizes the current legislative state of these instruments and offers some thoughts de lege ferenda. The fourth chapter contains deeper analysis of the most important case law relating to individual instruments. Chapter Four should serve the reader as a reference while reading Chapter Two. Thesis illustrates the most typical cases of each individual instrument and concludes that the abuse of law doctrine is the most...
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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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Firms and Tax Havens: Evidence from the Czech Republic
Burianová, Markéta ; Janský, Petr (advisor) ; Paulus, Michal (referee)
The aim of this thesis is to provide a description of the phenomenon of tax havens in relation to the Czech Republic. The thesis begins with description of theoretical background of the problem. It provides definition, characteristics, and an overview of main uses of tax havens by Czech firms. This part is followed by analysis of Czech firms controlled from tax havens in order to determine what type of firms is most often leaving the Czech Republic. The analysis showed the largest interest from limited liability companies and companies operating in real estate. The next part of the thesis presents an estimate of tax loss arising from tax haven activities of Czech subjects. It is the first estimate of this kind for the Czech Republic. The resulting tax loss is estimated to be 21 billion CZK per year, which equals to approximately 10% of annual tax revenue from corporate and personal income tax. The thesis is concluded with an overview of counter-measures that are taken worldwide and in the Czech Republic as means of combating the rising phenomenon of tax havens.
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Abuse of law as a limit for tax planning
Kamínková, Petra ; Karfíková, Marie (advisor) ; Vybíral, Roman (referee)
in English Abuse of law as a limit for tax planning This thesis deals with the role of abuse of law concept in determining the limits of tax planning. The most significant topics addressed in this theses include the relationship between abuse of law and related concepts of circumvention of law and substance over form, acceptability of the subjective criterion of abuse, and the relationship between the abuse-of-law concept and teleological interpretation. I conclude that abuse of law is a convenient term to label certain teleological interpretations. Subjective criterion focusing on scope, artificiality or rationality of the transaction or taxpayer's intent should not by itself lead to the conclusion of abuse. Abuse of law and circumvention of law are, despite their linguistic differentiation, so related that they can be described as two sides of the same coin. Finally, the substance-over-form concept, understood in the Czech legal doctrine as a separate concept, fulfills the criteria of abuse, and can therefore be considered as its subpart.
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Dopady BEPS na daňové plánování společností v ČR
Hromková, Eva
The master’s thesis deals with the initiative of the Organisation for Economic Co-operation and Development, namely the Action plan on Base Erosion and Profit Shifting (BEPS). The aim of this thesis is to quantify impacts of selected BEPS measures on the tax bases of Czech companies. The paper is divided into a literary summary and a practical part. In the literary summary, important concepts of international taxation are defined and the BEPS action plan and the Anti Tax Avoidance Directive (ATAD) are presented here. In the practical part, selected BEPS measures are applied to model examples, and the impact on the tax base of Czech companies in the situation before and after the implementation of specific measures is quantified. The model examples result in an increase in the tax base and the tax liability of Czech companies in the situation after the implementation of the selected BEPS measures. BEPS measures applied to Czech companies in this thesis pose a negative impact on their tax planning.
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Taxing the digital sector
Ondřej, Lukáš
This thesis is about the taxation of the digital sector of the economy. Currently, this issue is being discussed because of the fast development of these services, where the current rules for taxation of goods and services are still dependent on the physical presence of entities at the point of sale and thus unusable. The work is focused on existing systems and proposals on how to tax this sector in the EU, problematics in international tax planning and aggressive planning to reduce the tax base. The aim of the thesis is to compare available proposals and established regimes in the EU and to draw a proposal for taxation of digital services for the Czech Republic. The main method of this thesis is to analyze the obtained data for the subsequent comparison of indicators and benefits for the Czech Republic. The thesis offers an insight into the digital sector, countermeasures by individual states by application of unilateral measures and the EU measures and effort to come up with a common tax regime. The main benefit of the thesis is the proposal for taxation of the digital sector in the Czech Republic and the estimate of possible revenues. The Czech Republic has started to address this issue in early 2019, but it is still uncertain how or when this taxation will occur.
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