Resume in English Name of the thesis: "GATCA" and its integration into legal order of the Czech Republic The diploma thesis deals with legislation regulating automatic exchange of information in tax matters based on the Common Reporting Standard On Reporting and Due Diligence for Financial Account Information (also known as Common Reporting Standard) usually referred to as a GATCA system and its integration into legal order of the Czech Republic. A main goal of the legislation is to secure higher public incomes for public budgets and to weaken a position of tax havens in relation to tax evasion by taxpayers. The GATCA system legislation and its integration into legal order of the Czech Republic are evaluated in accordance with this goal. One of the main conclusions of the diploma thesis is considering some possible loopholes of the GATCA system that may be used by taxpayers to avoid duties imposed on them by legislation regulating automatic exchange of information in tax matters and suggesting solutions that should be used to close these loopholes. The greatest GATCA system's loophole is its relation to the another system of automatic exchange of information in tax matters known as a FATCA system and based on the US federal statute Foreign Account Tax Compliance Act and intergovernmental agreements between...

Tax authorities are increasingly relying on mutual cooperation with their foreign peers to enforce more effectively their internal tax laws. After the banking scandals of 2008 and the subsequent global financial crisis, the Global Forum on Transparency and Exchange of Information for TaxPurposes has proposed the exchange of information upon request as the fiscal transparency standard. However, some measures adopted by the European Union, previous initiatives from the Organization for Economic Cooperation and Development (OECD) and, above all, the introduction of the Foreign Account Tax Compliance Act (Fatca) by the United States in 2010 have promoted the need to adopt the automatic exchange of information as the new fiscal transparency standard. Automatic exchange of information allows home countries to verify whether their taxpayers have correctly included foreign income, allowing tax authorities to have early warning of possible noncompliance cases. In February 2014, the OECD published its proposal for a new global model of automatic exchange of financial account information. The new global model contains the necessary legal instruments and due diligence and reporting procedures, mainly for financial institutions. / Las autoridades tributarias dependen cada vez más de la cooperación con sus contrapartes extranjeras para administrar más eficazmente sus leyes tributarias nacionales. Luego de los escándalos bancarios de 2008y la crisis financiera global posterior, el Foro Global sobre Transparencia e Intercambio de Información Tributaria ha impulsado el intercambio de información a requerimiento como el estándar internacional en materia de transparencia fiscal. Sin embargo, algunas medidas adoptadas por la UniónEuropea, iniciativas previas de la Organización para la Cooperación y Desarrollo Económicos (OCDE) y, sobre todo, la introducción en 2010 del«Foreign Account Tax Compliance Act» (Fatca) de los Estados Unidos han promovido la necesidad de adoptar el intercambio automático de informacióncomo nuevo estándar de transparencia fiscal internacional. El intercambio automático de información le permite a las jurisdicciones de la residencia verificar si sus contribuyentes han incluido correctamente las rentas obtenidas en el exterior, permitiéndole a las autoridades tributarias contar con alertas tempranas de posibles casos de incumplimiento. En febrero de 2014, la OCDE publicó su propuesta para un nuevo modelo global de intercambio automático de información aplicable a las cuentas mantenidas en entidades financieras. El nuevo modelo global contiene los instrumentos legales necesarios y los procedimientos de debida diligencia y reporte principalmente para las instituciones financieras.

The thesis deals with international cooperation in the fight against tax evasion in the field of direct taxation at the level of OECD and EU. First, the thesis explains why international tax evasion occurs, what the most common forms of tax evasion are and also how multinational companies use international, sometimes even aggressive, tax planning to reduce the tax burden. The next section specifies diverse measures already adopted within the OECD and the EU and also those that are still in preparation. Any action taken at the international level is put into context with what the Czech Republic has already introduced. Mutual exchange of information between countries is one of the most important tools in the fight against tax evasion. That is why an analysis of spontaneous exchange of information and on request between CZ and other cooperating countries was carried out in the last part of the thesis. The analysis was carried out on the basis of publicly available data from Annual Reports of Financial Administration of the Czech Republic and also on the basis of data which were received from the Department of international tax cooperation - direct taxes of General Financial Directorate.

The diploma thesis deals with the finding and evaluation of the usefulness and influence of tax authority tools in the Czech Republic and in selected countries of the European Union according to similar indicators. The aim of the thesis is to analyze the effectiveness and utility of the tools used. The number of information in the international exchange of information is compared and the number of tax subjects in the gray economy and their involvement in tax evasion is evaluated. The theoretical part defines core elements of the diploma thesis which are the value added tax, the VAT GAP and the division of tax authority instruments. Concurrently, it describes related mechanisms which shall ensure the elimination of tax evasion. The practical part analyzes selected instruments and their values that the tax authority has at its disposal to combat tax evasion. From the output data, the VAT GAP is estimated using a calculation using the gross domestic product adjustment method. All results found within the Czech Republic will be compared with available comparable data in the EU countries. To conclude, the results are valorized, and instruments are evaluated internationally. It is estimated the amount of the VAT GAP and the possible prediction of future developments.

In March 2022, OECD published a public consultation document entitled Crypto-Asset Reporting Framework and Amendments to the Common Repoting Standard (CARF). This doucment proposed new and amended requirements covering reporting and exchange of information of crypto-assets as well as containing broader revisions to the existing Common Reporting Standard (CRS) for the automatic exhange of informaiton (AEOI) between countries. In recent years, there has been a mass adoption of crypt-assets for a range of invesment and financial activities. OECD believes that the use of crypto-assets threatens the Common Reporting Standard (CRS) since crypto-assets can be easily transferred without a central administrator and held inaccessbile crypto "wallets." In reponse, OECD drafted CARF in an attempt to retrofit regulations made for traditional financial institutions, a regulatory "choke point model," onto the nascent and quickly developing crypto-asset space. The thesis argues that CARF is flawed in several ways. First, the CARF's requirements deviate from CRS for unexplained reasons created extra costs and administrative burden for cryto-asset service providers (CASPs). Second, as crypto-assets are more in the nature of moveable assets, CARF's inartful attempt to retrofit CRS is onto the crypto-asset space is likely stifle innovation and technological development, especially critical for the developing world and shifting power away from banks and other large financial institutions back to individual consumers and merchants. Finally, CARF may not even materially meet its goal of increasing tax revenues and ensuring tax compliance.