This diploma thesis deals with the analysis of optimization of corporate income tax, specifically the limited liability company, using the available means according to the valid legislation. The thesis is mainly focused on legal tax optimization, but for interest is mentioned also illegal optimization. The aim of this diploma thesis is to optimize the tax liability of the limited liability company and recommend it and to the other partners of these corporations how to achieve the most effective tax liability.

The diploma thesis is focused on accounting, tax and legal aspects of company transformations. The paper contains the definition of the theoretical bases and a detailed analysis of the four already implemented transformations of mergers by acquisition and division by splitting. Furthermore, the methods of transferring the assets of a real company in the form of a division by splitting through merger and also the transfer of a commercial establishment are compared. In the end, variant specific procedures for the transfer of the property in question are proposed.

The master's thesis deals with the optimization of the tax burden of a concern based in the Czech Republic, which receives income from abroad. Optimization should be achieved through a change of the subsidiary's head office. Another proposal is a creation of a permanent establishment abroad. The output of the work is to decide on the most suitable structure of the concern in terms of head office and the number of its companies. The decision will be made on the basis of a comparison of the results of tax obligations calculated according to the legislation of the proposed countries and the related tax levies. The diploma thesis is focused on corporate income taxation, as the subjects of the group are limited liability companies. This issue will be explained theoretically on the basis of professional literature and practically using a comprehensive example.

This master thesis concerns a transformation of the civil association into one of the legal forms, which were created along with the new civil code. A various analysis of transformation criteria have to be done, in order to decide which legal form is suitable. The tax impacts are one of the major criteria and therefore they are analysed separately. A recommendation of specific legal form and identification of regarding tax impacts are the main goals of this thesis.

This thesis focuses on accounting and tax issues of local government, to develop methodologies and guidelines for a practical example in the selected village. Local government unit is introduced at the position of the tax, the recipient of tax revenues, but mainly as an accounting unit. The first part focuses on public administration, local government unit and its economy. Another chapter is devoted to legal regulations and accounting as well as tax matters. The last part is the analysis of budget revenues and expenditures of selected municipalities and way of dealing with procedures for accounting methods and tax issues.

交易標的物，可分為物、勞務、權利。在過去，智慧財產等權利的價值，往往透過物或勞務之交易才能間接地展現。如今在智慧財產日益重要之知識經濟中，以智慧財產直接作為交易標的物的商業模式，愈趨頻繁。此一直接智財交易之相關會計及租稅問題，值得進行體系化研究。本研究旨在分析直接智財交易可能產生的營利事業所得稅問題。本研究將直接智財交易分為權利買賣讓與（所有權移轉）、權利的融資擔保（價值權）及權利的使用收益(用益權)，針對各項爭點，分析問題形成的原因及可能造成的影響，並提出解決之道。 本研究分析後發現，目前稅法體系僅能掌握間接智財交易，因此未來修法時應將直接智財交易明文納入所得稅法體系之中。其次，智財交易多為跨國交易，但因與台灣訂有租稅協定的國家為數不多，為避免重複課稅，本研究建議對於來源地認定，應採取「經濟關聯」的認定標準。再者，針對著作權設質融資，由於著作權欠缺公示制度，本研究認為可能造成誤將讓與擔保當成買賣讓與而不公平地課徵所得稅，因此建議將讓與擔保分別處理。最後，對於智財作價入股之課稅時點，本研究認為，應依新創事業創立與為犒賞員工之目的分別處理，並依本研究所提出之指標個案認定。 / Objects of transactions can be tangible property, labor service, and rights. Intellectual property (IP) as right used to manifest its value most indirectly through transactions of tangible property and labor service. In a knowledge-based economy where IP becomes more important than ever before, business models based on direct transactions of IP have gained more popularity. As a result, a systematic research on accounting and taxation issues of IP transactions is urgent. This study aims to examine corporate income tax issues related to sales, collateral-based financing, and usufructs in direct IP transactions. After analyzing potential controversies and their causes and effects, the study proposes some feasible solutions to such disputes. The analysis shows that the existing income tax system does not apply well to direct IP transactions, and such transactions should be considered in future amendments of the Income Tax Act. Next, as IP transactions are usually involved in cross-border transactions and potentially subject to double taxation, given the fact that Taiwan has tax treaties only with a few countries, this study suggests identification of income origin be based on the economic connection so as to avoid unfair double taxation. Thirdly, as copyright lacks a public disclosure system and hence a copyright-backed financing deal may be mistakenly treated as sales rather than transfer guaranty and be unfairly taxed, this study suggests a separate treatment for such transactions. Finally, regarding taxation on stocks exchanged for IP, this study suggests differentiating the timing of taxation for encouraging new venture formation from that for rewarding employees, based on certain proposed criteria.

Made available in DSpace on 2016-04-26T20:25:30Z (GMT). No. of bitstreams: 1 Veronica SPRANGIM.pdf: 714835 bytes, checksum: 2147d9db1053b7cbaac71544c4217959 (MD5) Previous issue date: 2007-05-09 / The objective of this work is to systematize the rules concerning the income tax imposed on the earnings of a legal entity domiciled in Brazil derived from a branch based overseas. To begin with an analysis was made of the rules present in the Federal Constitution, in order to identify the minimum content of the income concept and verification of the compatibility between the Constitution and the pertinent rules contained in the Brazilian Tax Code ( Código Tributário Nacional ). With reference to the structural rule of corporate income tax, we analyzed the calculation basis of the tax, examining at greater depth the negative elements in its composition. Given the need of fixing the content of the vocabulum used in the Federal Constitution for the identification of the elements of the income tax levy event, we resumed the question of the limits imposed on the statutory legislator in the exercise of his taxing power upon producing the institutor laws of this tax, especially in relation to the income , profit , assets and liabilities and legal entity concepts. We verified the existing relationship between the taxpayer and the fact described in the structural rule of income tax on the profits of legal entities, in an effort to identify the limits in the election of the debtor and the corresponding effect on the calculation basis, specifically, in the cases wherein it, the legal entity, applies the material criterion: earn income . We address the case of a legal entity owner of several establishments and the respective legal implication for the purposes of income tax. Finally, always through the application of a systematic method of interpretation, we study the rules that discipline the income earned by a legal entity domiciled in Brazil through a branch based overseas / O objetivo deste trabalho é sistematizar as normas referentes ao imposto sobre a renda incidente sobre os resultados de pessoa jurídica domiciliada no Brasil auferidos através de filial localizada no exterior. Partiu-se da análise das normas presentes na Constituição Federal na busca da identificação do conteúdo mínimo do conceito de renda . Verificou-se a compatibilidade entre a Constituição e as normas pertinentes veiculadas no Código Tributário Nacional. Com referência à regra-matriz do imposto sobre a renda, analisou-se a sua base de cálculo, com aprofundamento sobre os elementos negativos na sua composição. Dada a necessidade de fixação do conteúdo dos vocábulos utilizados na Constituição Federal para a identificação dos elementos da hipótese de incidência do imposto sobre a renda, retomamos o questionamento dos limites impostos ao legislador ordinário no exercício de sua competência tributária ao produzir normas instituidoras desse imposto, especialmente em relação aos conceitos e conteúdos de renda , lucro , patrimônio , pessoa jurídica .Verificamos a relação existente entre o contribuinte e o fato descrito no antecedente da norma jurídica tributária do imposto de renda sobre o lucro da pessoa jurídica, em busca da identificação dos limites na fixação do sujeito passivo, bem como, refletimos sobre a manipulação nessa escolha e o correspondente efeito na base de cálculo, especificadamente, nas hipóteses em que ela, pessoa jurídica, realiza o critério material: auferir renda . Abordamos a hipótese de pessoa jurídica titular de diversos estabelecimentos e a respectiva implicação legal para efeitos do imposto sobre a renda. Por fim, sempre mediante a aplicação do método sistemático de interpretação, debruçamo-nos sobre as normas que disciplinam os resultados auferidos por pessoa jurídica domiciliada no Brasil através de filial localizada no exterior

Statistics / M. Sc. (Statistics)

The problem of low domestic savings is inherent in most Southern African Development Community (SADC) countries. This has motivated most of the SADC countries to institute policies that seek to attract foreign capital to cover the investment deficit that arises from low domestic savings rates. This study gives robust conclusions on the effectiveness of individual tax incentives commonly used by SADC countries in attracting foreign mobile capital. This study has broadened the dimensions research can take in analysing the contribution of tax incentives to Foreign Direct Investment (FDI) inflows into developing countries. In separating individual tax incentives mainly used in the SADC region the study gives a robust analysis on the impact of each tax incentive on FDI inflows into SADC countries. The tax incentives used in this study are: tax holidays, corporate income tax (CIT), reduced CIT in specific sectors and losses carried forward. The study also derives data indices for governance, infrastructure and economic policy variables which gives the study clean and reliable data for efficient regression results. These macroeconomic data derivations assist in giving the FDI attraction analysis more variables and well behaved data in drawing conclusions. Through an analysis and comparison of trends in FDI inflows and stock data in different African regions the study draws important conclusions on the impact of the socio-economic environment in FDI attraction. The study, in consultation with data from the period 2004 to 2013 separates the SADC countries into four panels based on resource richness. Panel 1 includes the resources-rich countries, Panel 2 the resources-poor countries, Panel 3 all SADC countries, except South Africa and Panel 4 all the SADC countries. Each of the estimate models in this study, use individual tax incentives variables to avoid the effects of collinearity between different tax incentives variables and to improve the predictive power of the panel data models. This study derived tax incentives data for individual SADC countries, from Ernst and Young’s worldwide tax data. Regular tax incentives in the SADC are derived from tax holidays, corporate income tax (CIT); losses carried forward and reduced CIT in specific sectors. This study seeks to achieve two major objectives: firstly, to establish the effectiveness of tax incentives in attracting FDI inflows into SADC countries, and, secondly, to establish other variables that influence FDI inflows into SADC countries. The study estimated four panels for SADC countries, separated according to resource richness. This was done because different types of FDI are dependent on the available resources in developing countries and thus factors that influence the FDI inflows differ according to resource richness. Resource-seeking FDI moves to resources-rich economies, market-seeking FDI goes to economies that have access to larger markets and efficiency-seeking and strategic-asset-seeking FDI move to economies that ensure efficient use of their capital resources. Thus, as expected, factors that attract FDI to countries in the separate panels differ in direction of causality and magnitude of impact. The study adopts a system Generalised Method of Moments (SYS GMM) methodology to address the problem of endogeneity associated with dynamic panel data models. The estimated results established that tax holidays positively explain FDI inflows in Panel 2. CIT was found to negatively affect FDI inflows into all SADC countries despite their particular category of resource-richness. Losses carried forward are insignificant in all panels and reduced CIT in specific sectors negatively influences FDI inflows in Panel 1 and surprisingly positively influences FDI inflows in Panel 2. The lagged FDI variable shows a positive relationship with current year FDI inflows. The governance index is significant and positively affects FDI inflows in panels 1, 3 and 4. Panel 2 shows a negative relationship between governance and FDI inflows. Market potential measured by GDP growth rate is insignificantly different from zero in all the four panels in the study and negatively signed, except in models A and C of Panel 2. The stock of infrastructure is significant and negatively signed in all the panels. The log natural resources variable though insignificant in some models, mainly, exhibit a significant and negative effect in most models of the study’s panel estimations. The trade openness variable is positively related to FDI inflows in Panel 1. Panel 2 show negative effects of trade openness to FDI inflows. Financial globalisation significantly impacts positive FDI inflows in all the four panels. The economic policy variable is insignificant in all the four panels of the study, except, in model B of Panel 1 where it is weakly significant at 10% level and negatively signed. The study concludes that tax incentives are important in FDI attraction in the SADC countries; therefore, an effective tax mix that ensures efficient use of tax incentives is important to ensure sustainable FDI inflows into the region. Good governance is important in the region for FDI inflows to increase. Increasing government rents from natural resources reduces FDI inflows in the SADC. Previous year flows of FDI are positively related to current year inflows, thus consistent FDI attraction policies in the SADC are important. Infrastructure in the SADC should be consistently improved to ensure suitability with the dynamic nature of foreign investment. Financial markets should be developed to ensure effective flow of capital and growth in economies through more investment. / Economics / D. Com.. (Economics)

This thesis deals with the possibilities of taxation of a person who wants to do business as an individual. The main subject of this work was to evaluate situation in terms of tax advantages. The issue of taxation is only one of the criteria. There are other criteria that might affect the decision, for example such as insurance, financing options, There are two options. One of them is a self-employed person who conducts business under the Trade Act. The other options is to do business as a legal entity, through a limited liability company with just one partner. There are no employees in the company.