ISSUES OF TRANSFER PRICING Transfer pricing has been often-discussed topic in recent years which is unlikely to change in the upcoming years. Given the great importance of transfer pricing in international tax planning, as well as in so called aggressive tax planning, it is a priority for states to set transfer pricing rules based on the arm's length principle in such a way that untaxed profits are not transferred from the jurisdictions where it was generated. Although this is a tax issue concerning the direct taxation, it shall be regulated at least in a coordinated manner by most countries in the world, as the international overlap is the greatest danger to state treasuries. From the perspective of taxpayers, it is often very difficult to meet all obligations regarding the setting of transfer pricing pursuant the arm's length principle, but it can be pointed out that a sufficiently clearly specified rules may be in favor of the taxpayers, because unjustified price manipulation between the related parties may cause some distortion of the functioning of the market. The main purpose of this thesis is to provide a comprehensive overview of transfer pricing issues from the perspective of Czech legislation, especially the Income Tax Act and instructions issued by the Ministry of Finance and the...

全球化是二十一世紀以來，最被廣汎討論的議題。無論在政治、經濟、企業、生產要素都無可避免地往“全球化”的洪流推進。這股全球化的力量將是所有人無法抗拒及置身事外的。當然，台灣企業亦無法迴避這股全球化的趨勢。 為因應這股全球化的浪潮，本論文引個案公司為例，探討其全球化的演進歷程，包含全球化的組織分工與佈局及其因應國際移轉計價租稅問題。根據以上的探討結論，本研究提出下列建議： 一、對台商企業因應全球化的建議： 1.台商組織文化的塑造及溝通模式的建立 全球化競爭時代，快速、彈性、效率、反應成為企業彼此競爭和成為全球運籌公司的關鍵。全球化公司在發展過程中，內部共識的形成、企業文化的形成、組織體系的扁平化和分工、領導溝通和策略決斷等等，是首要必須調整的課題。爰以個案的討論，提出台商朝向全球企業方向的組織管理建議。 2.組織架構的調整及功能的定位之建議 全球化的企業，主要係透過全球製造基地設立、全球市場(銷售據點)規劃、支援服務集中化等來修正改變其營運架構，此營運架構須跳脫法人組織架構的藩籬，同時配合國際移轉訂價策略，提出組織架構的調整及功能的定位之建議。 3.銷貨及製造交易模式引發租稅問題的對策 針對台商進行全球化常見的銷貨及製造交易模式所引發租稅問題，提出相關的建議。 4.移轉訂價政策的制定及後續管理 為因應全球化的國際移轉訂價租稅問題，建議企業內部應成立移轉訂價委員會，制訂集團移轉訂價策略，並管理後續相關事宜。 二、對政府協助台商企業全球化佈局的建議： 1.落實產業升級與轉型，以知識經濟取代產業政策 建議政府以整體產業的升級與轉型之知識經濟政策，取代僅強調某些產業之發展政策。 2.建構全球化效能政府與基礎建設 不僅企業要全球化，政府亦同時要進行全球化的改造。全球化強調彈性及效率，政府組織及政策亦因以此為準繩，才不致於成為企業全球化的絆腳石。此外，政府更應積極進行因應全球化的基礎建設，吸引全球資金以台灣為轉介中心，同時確保企業能根留台灣。 3.建立全球化產業資料庫，協助企業解決因應全球化所面臨的問題 成立世界各國投資資訊資料庫，舉凡各國政治、經濟、產業、租稅、人文及基礎設施等，供企業查詢，並定期更新。責成本國及當地專家針對企業對外全球所面臨問題深入輔導。 三、對政府國際移轉訂價的租稅政策建議： 1.立法院應儘速通過所得稅法第四十三條之一之修正草案，即移轉訂價立法草案，該草案係對移轉訂價的適用方法、稽核的對象、預先訂價協議機制作一通則性的規定，使得移轉訂價的稽核有明確的法律依據。 2.移轉訂價稽核立法後，應進行國際租稅人員的培訓，以熟悉移轉訂價的概念與稽核的技巧，並派員至美國IRS吸取稽核的經驗。此外，亦應同時對國內外企業進行教育宣導，讓企業能提早因應移轉訂價的稽核準備。 3.建立國際移轉訂價參考公司資料庫及全球化組織最佳實務準則，供企業國際移轉訂價的參考。鼓勵企業自行覆核公司移轉計價的策略，檢視是否符合常規交易；並制訂預先訂價協議機制細則，提供多國籍企業制訂移轉訂價策略的選擇。 關鍵詞：全球化、移轉訂價、國際租稅、個案研究 / Using case study method, this thesis studies a Taiwanese company in the evolution track of globalization may confront with arduous external and internal problems. The thesis stresses that the international transfer pricing topic is particularly important for globalized companies. Furthermore, the function segment for a globalized organization will affect both company’s competition capability and transfer pricing policy. In summary, this thesis recommend multinational companies should consider to adjust his organization structures and fix his organization functions to conquer the possible crises of continuous operation, and to establish reasonable international transfer pricing policy to defense possible challenges coming from tax authorities in the varied jurisdictions. Further, this thesis also recommend the Legislative Yuan of R.O.C. can approve the transfer pricing proposed law of Taiwan jurisdiction as soon as possible and our government can be assistance of the companies to overcome the international transfer pricing issues in the globalization. Keywords: Globalization, Transfer pricing, International tax planning, Case study.

The Master's thesis is concerned with optimizing the tax costs and tax expenditures of sole proprietor or legal entity businesses. Main objective of this thesis is to introduce the tax cost and tax expenditures, which can be optimized, as widely as possible and to analyze the most important methods of tax optimalization relevant to most business entities. To achieve this objective the thesis is divided into theoretical and practical part. The theoretical part is focused on a definition of tax, tax system of the Czech republic including more detailed descriptions of income taxes and value added tax, effects of taxation on an enterprise and reasons for tax optimalization related to it and last but not least the thin line between tax avoidance and tax evasion. The practical part introduces through verbal description and practical examples the most important methods of tax optimalization relevant to most business entities, i.e. income tax and value added tax. Finally the thesis deals with international tax planning and methods of cash flow management connected with tax administration.

The Master's thesis is focused on tax optimalization through tax havens. The Master's thesis is divided into six parts. The first part generally outlines the problems of international tax optimalization. The next one defines concepts related to tax havens, use of tax havens and the fight against tax evasion. The third chapter concentrates on direct foreign investments, which are connected with holding companies. Information from this chapter is used in the following chapters. The practical part consists of two and shows the costs for establishment of a model subsidiary and the tax costs of the company for the first year of its running in chosen tax havens. These costs together with other information about chosen tax havens are analysed. Subsequently, a suitable location for the company in one of these destinations is suggested.

The diploma thesis focused on international tax planning and tax optimization. The diploma thesis specifies what is an international tax planning and underlines its importance in these days. On theoretical knowlege the diploma thesis summarizes key factors that should entrepreneurs in international tax planning and optimization to take into account. End of the thesis presents proposal the progress of the process of international tax planning and also on the particular case.

The master´s thesis is focused on the characteristic of tax havens and their possible utilization. On the basis of the literature in the theoretical part there are described the basic assumptions of international tax planning, agreements for the avoidance of double taxation and tax havens. Analytical part describes selected tax havens. The practical part of the thesis deals with the possibilities of tax optimalization through the utilization of tax havens.

The master thesis deals with the issue of taxation in selected tax havens. The thesis first outlines the characteristics of particular tax havens and the basic concepts related to this issue. Afterwards, selected tax havens, their tax system and companies that can be cre-ated there are analysed. Subsequently, on a model example are outlined advantages of taxation in selected tax haven.

Master thesis deals with tax havens and their utilization. In the teoretical part are defined fundaments of the tax havens and their utilization. Next part of thesis is analysis of tax havens in the Middle East. In this part focus is on coutries like Bahrain, Qatar or United Arab Emirates. Based of founded facts are concluded recommendations for concrete company with aim to reduce taxation.

This thesis is focused on corporate structure designs with the use of offshore and onshore centers in the European Union for the optimization of tax on corporate income . The work is divided into theoretical and analytical sections as well as a section with proposals. The theoretical section describes the problems of international tax planning and international taxation, focusing on offshore and onshore financial centers. In the analytical section there are various offshore and onshore financial centers in the European Union identified and outlined with selected analyses in more detail, especially of the corporate taxation. The practical part describes a model of the corporate structure with the use of selected offshore and onshore centers in the European Union and the various options for resolving tax optimization.

近年來各國跨國企業利用對外投資控股架構設計進行租稅規劃，複雜的跨國結構安排導致各國稅基嚴重被侵蝕，引起各界關注，故了解跨國公司如何規劃其投資控股架構有其必要性。基於國內尚未有實證文獻探究國際租稅規劃對我國跨國公司投資控股架構決策之影響，因此本文針對2010年至2014年台灣上市櫃公司之海外關係企業目前投資控股架構進行研究，以了解我國對外投資的投資控股架構設計概況。此外，本文進一步探究跨國公司為了進行國際租稅規劃，不同租稅屬性的上下層公司是否確實會有相對應租稅特性之公司搭配形成控股連結。 本文建構兩個迴歸模型，採用Tobit模型進行實證分析。模型一分析基本租稅因素對於跨國控股連結之影響，實證結果顯示跨國控股連結設計會受到租稅協定、上下層公司所在國稅率差距影響。而模型二檢視國家組合間之租稅搭配相關變數對跨國控股連結的影響。結果顯示，上下層公司所在國的租稅環境確實會影響與其形成控股連結之所在國家的區位選擇。 / In the recent years, multinational corporations using the design of investment holding structure to do the tax planning. The complicated investment holding structure result in the tax base being damaged, and it draws the attentions of all walks of life. Therefore, there’s necessity to understand how the multinational corporations plan their investment holding structure. Due to the fact that there’s no literature which research the influence of international tax planning to our country’s multinational corporation investment holding structure decision have been proved. In order to understand how Taiwan’s multinational corporations plan their investment holding structure, we do the research against the investment holding structure of Taiwan’s listed companies from 2010 to 2014. Besides, we do the research more advanced on the international tax planning to see whether there will be companies with corresponded different tax characteristic that form an ownership links with the upper and lower companies of different tax characteristic. In this paper, we constructed two regression models, the Tobit random effect model is used to do the empirical analysis. The Model 1 analyzes the relation between the basic tax variable and the cross-border ownership links. The results indicate that the design of cross-border ownership links will be affected by tax treaty and the difference of tax rate between the upper and the lower countries. And the Model 2 examines the relation between tax collocation of country pair variables and cross-border ownership links. We found out that the tax environment where the upper and lower companies are located has truly affect the location choice of the country which the ownership link is linked to.