Diplomová práce Ondřej Martínek Abstract Tax havens are thorn in the eye of the OECD countries, nonetheless they emerged originally on europian soil and on the ruins of british empire. Classical accusation argues, the tax havens are supposed to earn on luring foreign capital that is enabled to evade taxation and by that they breach the balance of national budgets and tax justice in developed countries, enwiden social imbalance and speed up global tax competition. There are many forms of tax avoidance via tax havens: transfer pricing, holding structures, trusts, foundations or offshore business. Although many of these forms remain illegal, for certain other ones the states are the ones responsible for - e.g. generous web of double tax treaties. Global shortage to national budgets is estimated at around 3% of total revenues. Tax competition exists and global tax rates are in fact decreasing, however national tax revenues are, in absolute terms, rising. Because of this ambiguous effect on global economy and near impossibility to distinguish "real" tax havens, the developed countries are choosing rather careful policy to the tax havens and concentrate on negotiations and concluding TIEA's.

The Master thesis deals with the analysis of tax havens, their origin and operating mechanisms. The thesis will elaborately describe individual entities advantaged in terms of taxes and specific ways of using offshore and onshore centers in order to achieve tax optimization, ownership anonymity, property protection or any other partial goal. The first part is theoretical and some basic terms related to this topic are defined in it. In the second part, the practical use of tax havens is discussed. In the first chapter, I described four selected jurisdictions in detail, and in the second and third chapters, I specifically illustrated how a company founded in an appropriately chosen tax haven can be utilized in achieving a predetermined goal.

The theme of this thesis is focused on international tax planning with a narrower specification using offshore companies and all on the field of investment banking. The task of this thesis certainly does not an accurate tax analysis of individual taxes paid standardly in the classic onshore countries. On the contrary, the intention is to provide a wider range of options which the international tax planning can offer to us and what are the specifics of individual, for us certainly attractive, countries or in which cases we should already start to think to optimizing the tax in the international context. I will use Czech-Slovak investment J & T group to analysis mentioned above.

This work analyses tax-favored areas which are used in international tax planning. The first part of this work contains information about corporate tax in the Czech Republic and characterizes tax havens in general. The second part presents tree states -- The Bahamas, Cyprus and Great Britain and describes an establishment of model society in these countries. The cost of setting up a company and taxation are compared with a fictive limited company which is based in the Czech Republic. In the conclusion, there are some additional information - for instance arrangements against tax havens, tax havens of the world and czech firms in tax havens.

Made available in DSpace on 2016-04-26T20:23:49Z (GMT). No. of bitstreams: 1 Guilherme Andrade Lucci.pdf: 393864 bytes, checksum: 41baac140236a87786a7e9e0a7fa7136 (MD5) Previous issue date: 2015-09-01 / This work purposes to analyze the role of Brazilian Jurisdiction in the implementation of tax laws included in international treaties that Brazil is a signatory, at the national level, as well as the realization of the right to freedom to international tax planning undertaken baser on these international treaties. Examines the duties of the Brazilian magistrate, especially the Brazilian federal judge, as political agent guarantor of effectiveness of the right to tax freedom established in international tax treaties, as well honoring international commitments assumed by the Republic / Este estudo tem por objeto analisar o papel da Jurisdição brasileira na concretização, no plano nacional, de normas tributárias contempladas em tratados internacionais de que o Brasil seja signatário, bem assim na concretização do direito do contribuinte à liberdade ao planejamento tributário internacional realizado com fundamento nesses tratados internacionais. Examina a atribuição do magistrado brasileiro, especialmente do juiz federal brasileiro, como agente político garantidor tanto da efetividade, no caso concreto, do direito à liberdade fiscal estabelecido em tratados tributários internacionais, quanto da concretização dos compromissos assumidos internacionalmente pela República. Palavras-chave: Direito Tributário Internacional. Jurisdição federal

如何使企業所負擔之租稅成本降至最低之租稅規劃，對於企業的生存與競爭具有莫大的影響力。個案公司以境外公司之名義報價與接單，並透過OBU帳戶收受佣金收入，將利潤保留在境外公司，但營業費用卻於台灣公司認列，使得因三角貿易賺得之佣金收入是否歸屬於境外來源所得而免稅，一直為爭議性之話題。 　　為避免將利潤保留在境外公司而不匯回，擬於所得稅法修正草案中將決議分配股利時才認列投資收益，改成依照財務會計上之權益法認列投資收益。並配合響應政府提倡亞太營運中心計劃及經發會提出健全資金回流機制，增（修）訂促進產業升級條例第七十條之一及兩岸人民關係條例第二十四條第二項，並開放OBU得與大陸地區金融機構直接通匯。 　　根據以上結論，本研究提出建議如下： 　　一、對企業界之建議 　　企業進行國際租稅規劃時，應把握合法性、注重實質、評估規劃之成本效益及考慮相關法令變遷之風險等四項原則。 　　二、對政府修法之建議 　　　1.發展台灣成為營運總部之租稅配合措施 　　　　(1)加強簽署國際租稅協定 　　　　(2)建議評估營利事業所得稅由屬人主義改採屬地主義之可行性 　　　2.對租稅政策之建議 　　　　(1)反租稅天堂措施之建議 　　　　(2)重新檢討所得稅法等有關涉外法規之適用 　　　3.我國現行稽核制度的改進意見 　　　　(1)加強國際租稅人才的培訓 　　　　(2)提昇稅務稽查技術 　　　　(3)增強稽核人力素質 / Using case study method and by interviews with field experts, this thesis studies the application of OBU (off-shore banking unit) in international tax planning. Planning to decrease tax costs has long been an important task for multinational companies to compete in the international market. To avoid paying domestic taxes, companies can structure transactions by the name of offshore subsidiaries and receive commissions through their OBU accounts. Consequently, profits are reserved in the offshore companies but costs of running business are claimed in Taiwan's tax returns. Under certain circumstances, commissions earned from this kind of triangle trading are tax-free, causing substantial losses of tax revenues to Taiwanese government. The thesis discusses this controversial issue relating to commissions from triangle trading. 　　To encourage remitting back profits generated in overseas, the tax law for taxes on investment income should be changed. This thesis suggests the use of equity method for recognizing investment income for tax purposes. Further, the regulation on banking operations between Taiwan and China also needs to be revised to expedite the transfer of fund across the strait. The thesis suggests the opening of direct remittance between Taiwan's OBUs and China's banks. 　　In summary, in devising an effective tax planning, companies should take into account both tax and nontax costs, and keep abreast of the risks of changes in tax laws and governmental policies. As for the government to develop Taiwan as the headquarter of global operation, promotion of the international tax agreements is essentially important to help firms avoid double taxation. Further, to attract more international companies investing in Taiwan, the government should evaluate the feasibility and impacts of shifting the taxation principle of corporations from worldwide taxation to territorial taxation.

Thesis focuses on the possibility of setting up business entities in tax havens and their utilization in tax optimization. Reader is introduced to the most interesting Offshore and Onshore localities, their advantages, risks and possibilities of use. I will clarify the nature of the tax advantages of various types of companies including explanations of terms come from angloamerican jurisdictions. I will describe the specific steps which are required to set up the company in Grenada, including Sample documents and a model example demonstrating the tax optimization of the hypothetical bussines company. The resulting structure of the company will be subject to lower tax burden and consequently increase competitiveness of its products in global markets.

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 this topic including the description of main sectors used for international tax optimalization. Among the areas of the optimization methods, which are described in this thesis, belongs dividends, royalty payments, interest income. The thesis presents an impact of tax haven existence to Czech economy. The impact on public budget is shown and counted on the model example of fictive international company. As a reaction of losses caused by profit shifting to more favourable jurisdictions international organizations are coming up with initiatives to reduce the possibilities of tax planning. The thesis is concluded with an overview which Czech republic should accept to reduce profit shifting to other jurisdictions.

This diploma thesis is focused on international tax planning and tax optimization of relaties parties. In the first part of the thesis are written theoretical bases, which are important for understanding the whole work. In the analytical parts are stated the factors that are decisive for international tax planning. At the end of the work is presented the process of international tax planning and tax optimization on a specific subject.

This thesis focuses on the use of destinations with moderate rate of corporate tax to reduce the tax burden of the business entity. It contains defined context and fundamental concepts and there is also an analysis of the current state of offshore business and restrictions aimed against its abuse. Thesis contains draft of business structure that ensures reduction of tax burden of the business entity, and which is followed by a definition of the benefits and risks of its application.