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Judikatúra v oblasti finančných transakcií a jej dopad na stanovenie obvyklej úrokovej sadzby
Adamová, Jana
Diploma thesis provides a theoretical basis for understanding the functioning and valuation of financial transactions between related parties. The analytical part contains the analysis of court cases from different geographical areas. Case laws are divided into three main groups – intercompany loans, financial guarantees, and cash pooling. In case of loans, the emphasis is mainly on the determination of the interest rate charged between independent parties. A sub-objective of the thesis is to identify activities, processes and pricing that have been criticized by the courts as being in breach of the arm's length principle. A separate chapter consists of written recommendations for taxpayers and tax administrators based on the appropriate and inappropriate practices identified in each case law. The discussion includes a comparison of the court decisions with the wording of the OECD Transfer Pricing Guidelines, which was the mainstay of this diploma thesis.
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The Specifics of Use of Trusts in Business Relations
Žižka, Filip ; Černá, Stanislava (advisor) ; Josková, Lucie (referee)
The Specifics of Use of Trusts in Business Relations This thesis deals with possibilities brought by trusts (in Czech: svěřenský fond) to business relations. It analyses the key features of a trust, thanks to which it has a unique and often irreplaceable position in number of financial transactions. Selected financial transaction are described in detail and the importance of trusts in these transactions is explained. The main objective of this thesis is to show that trusts have benefits far beyond the governance of personal property and its intergenerational transfers. By this I want to prompt interest in further research of the use of trusts in business relations in the Czech legal environment. After the introduction, the first chapter of this thesis briefly introduces the history of the trust. It is outlined which role the trust played in different legal systems and what were the motives for its development. The second part describes trust as an institute of civil law. There is also described the implementation of the trust into the legal system of the Canadian province Québec, because this regulation served as a model for the Czech lawmakers. This chapter of the thesis also describes the subjects of the trust and the basic concepts related to this institute. The third part introduces the trust...
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Tax on financial transactions
Rychtaříková, Jana ; Novotný, Petr (advisor) ; Vondráčková, Pavlína (referee)
The goal of the diploma thesis is the characterization of the tax on financial transactions with its origins. The main content lies primarily in the description of the tax on financial transactions within the frame of the enhanced cooperation of some of the member states of the European Union and assessment of the assumed impacts of its implementation. The first chapter describes in more detail the development in the international field after the financial crisis which attracted attention to the various ways of taxation of financial sector. Options that were considered are briefly summarized in this chapter and then the detailed attention is paid to the path chosen by the European Union, i.e. the tax on financial transactions. The second chapter of the thesis examines the aspects of the enhanced cooperation and its specifics in comparison with the whole-union system. The chapter is finished with the case of the European Court of Justice where the claim of Great Britain disputing the conformity of the Council's decision approving the enhanced cooperation with the law and the principles of functioning of the European Union is decided. The main elements of the tax are analyzed in the third and the fourth chapter in accordance with the directives on which they are based. These two chapters which are more of the...
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