The diploma thesis deals mainly with aggressive tax planning of multinational companies but also mentions the practices of domestic enterprises, which lead up to the reduction of the tax liability of the entity. The main idea of the thesis is a description of indicators and the analysis of structures of companies performing aggressive tax planning. The practical part of this thesis contains model examples, which can be realized and against which it is necessary to intervene. The last chapter describes measures by which the OECD and the European Union institutions are trying to eliminate the abuse of tax laws and bilateral treaties by multinational corporations. The Czech Republic has already implemented a number of measures against aggressive tax planning, which success in this diploma thesis is tested by comparing year-by-year revenues changes from corporate income tax.

The overall aim of this article is to analyse the taxpayers' rights in relation to the emerging standard of transparency with specific reference to Brazil, Colombia, South Africa and Uruguay. Exchange of information between tax authorities is increasing rapidly all around the world. This global development is largely the result of the introduction of the standard of transparency by the Organization for Economic Cooperation and Development ("OECD") with the political mandate of the G20 and more recently, in 2013, the introduction of the global standard of automatic exchange of information. Governments have agreed that exchange of information is necessary to prevent tax evasion and to tackle tax avoidance including aggressive tax planning. All surveyed countries have accepted the standard of transparency including the standard of automatic exchange of information. Furthermore, it is evident that the development of such standards appears to have taken place in a coordinated manner, led mainly by international organizations comprising governmental officials. This article has first provided a comparative overview of the rules that Brazil, Colombia, South Africa and Uruguay have introduced to protect the taxpayers' rights in the exchange of information process being the right to access to public information, the right to confidentiality, the right to privacy, and the procedural rights (right to be informed, the right to be notified and right to object and appeal). Thereafter, this article has assessed whether the rules introduced by the surveyed countries to protect these rights are consistent with the fundamental taxpayers' rights that belong to the rule of law of these countries and with the principles of good governance and fiscal transparency. The main conclusion is that the countries have introduced to some extent similar rules to protect the right to confidentiality, right to privacy and the procedural rights in the exchange of information. However, some differences may be found in the detail level of protection of confidentiality in South Africa and in respect of the procedural rights in Uruguay. One of the drawbacks of these rules is that the rules introduced by the surveyed countries do not ensure that the protection of the right to confidentiality and the right to privacy is effectively guaranteed. The results of the analysis show that these rules do not protect the taxpayer in case of breach of confidentiality or misuse of the information exchanged. This article argues that the differences among rules and the lack of protection for taxpayer information may hinder the effective protection of the taxpayer and the tax administration should guarantee the protection of the taxpayer rights as part of the rule of law. Therefore, this article provides in Section 4 three recommendations addressing the right to confidentiality, the right to privacy and the taxpayers' procedural rights. These recommendations may be extended (as best practices) to other developing countries on a similar economic and legal scale. However, further research will be needed to see whether the conclusions of this article are also applicable to (other) developing countries. / Series: WU International Taxation Research Paper Series

Tax avoidance has been the subject of intense scrutiny lately by both the South African Revenue Service ("the SARS") and the media. This attention stems largely from the recent withdrawal of section 103(1) together with the introduction of section 80A to 80L of the South African Income Tax Act. However, this attention is not limited to South Africa. Revenue authorities worldwide have focused on the task of challenging tax avoidance. The approach of the SARS to tackling tax avoidance has been multi-faceted. In the Discussion Paper on Tax Avoidance and Section 103 (1) of the South African Income Tax Act they begin with a review of the distinction between tax evasion, tax avoidance and tax planning. Following a call for comment the SARS issued an Interim Response followed by the Revised Proposals which culminated in the withdrawal of the longstanding general anti-avoidance rules housed in section 103(1) and the introduction of new and more comprehensive anti-avoidance rules. In addition, the SARS has adopted an ongoing media campaign stressing the importance of paying tax in a country with a large development agenda like that of South Africa, the need for taxpayers to adopt a responsible attitude to the management of tax and the inclusion of responsible tax management as the greatest measure of a taxpayer's corporate and social investment. In tandem with this message the SARS have sought to vilify those taxpayers who engage in tax avoidance. The message is clear: tax avoidance carries reputational risks; those who engage in tax avoidance are unpatriotic or immoral and their actions simply result in an unfair shifting of the tax burden. The SARS is not alone in the above approach. Around the world tax authorities have been echoing the same message. The message appears to be working. Accounting firms speak of a "creeping conservatism" that has pervaded company boardrooms. What is not clear, however, is whether taxpayers, in becoming more conservative, are simply more fully aware of tax risks and are making informed decisions or whether they are simply responding to external events, such as the worldwide focus by revenue authorities and the media on tax avoidance. Whatever the reason, it is now critical, particularly in the case of corporate taxpayers, that their policies for tax and its attendant risks need to be as sophisticated, coherent and transparent as its policies in all other areas involving multiple stakeholders, such as suppliers, customers, staff and investors. How does a company begin to set its tax philosophy and strategic direction or to determine its appetite for risk? A starting point, it is submitted would be a review of the distinction between tax evasion, avoidance and planning with a heightened sensitivity to the unfamiliar ethical, moral and social risks. The goal of this thesis was to clearly define the distinction between tax evasion, tax avoidance and tax planning from a legal interpretive, ethical and historical perspective in order to develop a rudimentary framework for the responsible management of strategic tax decisions, in the light of the new South African general anti-avoidance legislation. The research methodology entails a qualitative research orientation consisting of a critical conceptual analysis of tax evasion and tax avoidance, with a view to establishing a basic framework to be used by taxpayers to make informed decisions on tax matters. The analysis of the distinction in this work culminated in a diagrammatic representation of the distinction between tax evasion, tax avoidance and tax planning emphasising the different types of tax avoidance from least aggressive to the most abusive and from the least objectionable to most objectionable. It is anticipated that a visual representation of the distinction, however flawed, would result in a far more pragmatic tool to taxpayers than a lengthy document. From a glance taxpayers can determine the following: That tax avoidance is legal; that different forms of tax avoidance exist, some forms being more aggressive than others; that aggressive forms of tax avoidance carry reputational risks; and that in certain circumstances aggressive tax avoidance schemes may border on tax evasion. This, it is envisaged, may prompt taxpayers to ask the right questions when faced with an external or in-house tax avoidance arrangement rather than simply blindly accepting or rejecting the arrangement.

Throughout South Africa, people are faced with various decisions with regard to planning for their future, but more so in planning for their retirement. It happens quite often that these investment decisions are postponed until only a few years before retirement, whether it is because of personal circumstances (cash flow restrictions) or changing employment. A number of people simply forget to plan for their retirement. Investment for retirement has become increasingly complex because of the great number of investment choices available and therefore this research attempts to identify and evaluate the most commonly used retirement investment opportunities in the market with their respective advantages and disadvantages. The research focuses on investment opportunities from a savings point of view and also evaluates each option from a South African income tax point of view which includes the cash inflows and outflows at the different stages (during the investment period as well as the maturity/retirement period). A number of investing options might seem very attractive at the initial phase, but may be less attractive at retirement or maturity date (especially looking at the tax benefits). This study focuses on both the current and newly proposed legislation as presented during the recent budget speech by the current Minister of Finance, Pravin Gordhan. AFRIKAANS : Regoor Suid-Afrika word mense gekonfronteer met besluite ingevolge die beplanning vir hul toekoms asook die beplanning vir hul aftrede. Dit gebeur gereeld dat hierdie beleggingsbesluite uitgestel word as gevolg van persoonlike omstandighede (wat kontantvloeibeperkings insluit) asook as gevolg van verandering van werkgewers. Party mense laat eenvoudig na om vir aftrede te beplan. Om te belệ vir aftrede word toenemend moeiliker as gevolg van die hoeveelheid beleggingsopsies beskikbaar. Hierdie navorsing poog dus om die mees algemene beleggingsopsies wat beskikbaar is, te identifiseer tesame met elkeen se individuele voordele en nadele. Die navorsing fokus op beleggingsgeleenthede vanuit „n besparingsoogpunt asook die Suid-Afrikaanse inkomstebelasting gevolge van elk van die opsies. Die Suid-Afrikaanse inkomstebelasting gevolge sluit in die kontantinvloeie en -uitvloeie tydens die duur van die beleggings asook by aftrede. Baie beleggingsopsies lyk aantreklik op die beleggingsdatum maar kan nadelig wees by aftrede. Die belastingontleding fokus op beide die huidige wetgewing asook die voorgestelde verandering in die wetgewing soos voorgestel tydens die begrotingsrede deur die huidige Minister van Finansies, Pravin Gordhan. Copyright 2011, University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. Please cite as follows: Kokott, J 2011, The evaluation of different retirement investment options as savings and tax planning tools, MCom dissertation, University of Pretoria, Pretoria, viewed yymmdd < http://upetd.up.ac.za/thesis/available/etd-03262012-124429 / > F12/4/182/gm / Dissertation (MCom)--University of Pretoria, 2012. / Taxation / unrestricted

不動產價格不斷飆漲，高房價已成為一般大眾不可承受之重。不動產價格可能因總體環境、貨幣、土地與稅制政策影響所致。政府亦會透過經濟與金融層面管制、稅務制度調整與土地政策推行等層面，進行不動產價格之調控措施。 高資產個人於不動產資源配置上，應針對不同時空背景，採取不同之規劃模式與安排。以往高資產個人租稅規劃，較著重於單一時點之租稅規劃，並未通盤考慮政府相關政策影響。故本研究首先分析景氣循環波動對不動產市場之影響，針對我國歷次不動產景氣波動之原因進行說明，並彙整政府採取之相對應不動產調控措施，以及歸納可能影響不動產價格波動之因素。另佐以高資產個人以及家族企業個案實例，進行推估假設與試算進行說明分析。以透過本文分析彙總，提供高資產個人與社會大眾於進行資產配置時之安排與規劃參考。 我國歷次不動產景氣概況變動，主要仍受經濟成長、國民所得增加、通貨膨脹、優惠金融環境與土地及稅制調整影響。政府不動產調控政策，主要著重於金融政策（貨幣供給、利率調整及信用管制）、稅制政策（奢侈稅之推動、實價登錄、房地合一）與土地政策（使用管制、都市健全計畫）。 個案中高資產個人進行資產規劃之目的，係將其所持有之大量不動產傳承予女兒。於資產移轉方式選擇上，可藉由出售移轉、贈與移轉及遺產繼承達成目的，其稅負負擔與效益影響各有不同。經個案試算，若資產移轉子女，子女不另行出售不動產，資產移轉應以出售移轉為最佳選擇；若子女預計再行出售所受贈之不動產，於景氣衰退階段下，仍以出售移轉為較佳方案。若從父母替子女創造資金證明觀點，不動產標的物型態亦會造成決策影響，短時間之資金證明創造伴隨著鉅額之稅負負擔，此為高資產個人資產移轉前需深思考量之處。 本文另一個案公司係屬家族企業，主要透過公司持有不動產之模式，大幅降低個人稅負負擔，進而經營與控制家族企業，並透過層層交叉持股與股權比例設計配置，達到「家族不分家」之理念。本文分析該個案公司於公司經營策略之調整、長輩逝世前遺產規劃、並對所採用之家族傳承與財產規劃方式進行規劃說明。 隨著不動產稅制制度漸趨完善，對高資產個人而言，若其所持有不動產主係早期購置持有，現階段應無出售不動產之理由，但資產移轉將成為其未來無法避免之問題與挑戰。政府不動產調控政策之制定雖能達到一定之防杜成效，然仍無法達成平均社會財富之目的與效果，且隨我國經濟發展漸趨穩定，政府所扮演之角色更為重要，可預見之未來，人口問題亦將嚴重影響不動產市場，高資產個人除財富移轉外，亦應思考下一代於資產使用與配置效率之問題；政府亦應及早制定相關政策與規劃，以因應未來結構性變化所衍生之問題。 / The real estate prices have gone through the roof in the past few years. In an attempt to curb the house price, the government released many policies such as credit policy, tax policy, land policy and financial policy. The real estate markets are mainly affected by economic growth, national income, inflation, financial environment and the adjustment of the policy. The government’s control policy mainly focused on monetary policy, tax policy and land policy over past few years. Faced with the changes in the circumstances, the highly wealthy individual should adapt their tax planning strategies to the government’s various new policies. Therefore, this study address three topics - the impact on house market of the business cycle, the development of the Taiwan real estate market and the regulation of government policy. Besides, the study covers tax saving plans by conducting studies. Real estate can be transferred through various ways, such as selling, inheritance, gift and trust. Different way of transfer can bring a lot of differences on tax cost. In this study, take the high personal assets Mr. T case for example, Mr. T planning to transfer his large number of properties to his daughter. If his daughter wouldn’t expect to sell the real estate, selling to his daughter by Mr. T would be the best way in terms of overall tax costs. Further, even when her daughter wants to sell the proprieties, selling remains a better choice in time of business recession. From financial perspective, the types of object will have an impact on decision-making. The other case in this study addresses a family-owned business in Taiwan managing their family proprieties by corporation. By corporatization of family properties, the family can reduce their individual tax burden to a minimum cost and make family relationship united. Besides, this study also analyzes the family business strategy, the inheritance planning before the death of the elders, and the tax planning for the family inheritance project. With the government’s real estate tax policies putting in place, the transfer way of the real estate for the high asset individual becomes their primary concern. The government’s policy to curb real estate prices has achieved some results as expected; however, it still beyond the reach of equal distribution of wealth. The role of the government becomes more important in the foreseeable future. Accompanied by the population aging problem, the wealth transfer and the efficient utilization of asset have became a major public issue for the high asset individuals. The government should dot all the i’s and crossed all the t’s.

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.

This thesis is focusing on methods of tax optimization of international companies. These international concerns are endeavoring tax minimization. The disparity of the tax systems gives to these companies a possibility of profit and tax base shifting. At first this thesis compares the differences of tax optimization, aggressive tax planning and tax evasion. Among the areas of the optimization methods, which are described in this thesis, belongs tax residention, dividends, royalty payments, transfer pricing and the companies conversions. Because of the aggressive tax optimization are the public budgets shortened by million crowns. As a reaction many of guidelines and plans of international organizations has been written to worsen the possibilities of tax planning. The impacts on public budgets are shown and counted on the model example of fictive international company.

The thesis is focused on international double taxation and its implications for international business activity. At first, it focuses on double taxation definition, the reasons of its occurrence and its impacts. The next part deals with bilateral double taxation treaties and their principles, including a comparison of Model conventions developed by the OECD and the UN. The last chapter focuses on the areas of transnational corporations activity that are most impacted by tax matters, such as the form of their presence in the foreign market, transfer pricing and international labour hire. The basic principles of international tax planning are explained as well.

Submitted by Nadir Basilio (nadirsb@uninove.br) on 2016-05-13T20:27:50Z No. of bitstreams: 1 Yuri Lanes.pdf: 469055 bytes, checksum: 1cb8a7f1385b3d6aa32466135a655b2d (MD5) / Made available in DSpace on 2016-05-13T20:27:50Z (GMT). No. of bitstreams: 1 Yuri Lanes.pdf: 469055 bytes, checksum: 1cb8a7f1385b3d6aa32466135a655b2d (MD5) Previous issue date: 2015-12-17 / This dissertation discourses the issue of effective and functionalization of fundamental rights and guarantees by means of taxation. It is a work that seeks to analyze countless issues relating to the rights o valor moral de uma of equality, freedom and solidarity ant, through an analysis of corporate ethical behavior and hegemonic globalization’s impact in the State, it seeks to find, from a theoretical perspective, models and arguments for the effectiveness and functionalization of basic rights of the legal pact and policies of counterhegemonic globalization for taxation (in the view of the strategic tax planning). The main objective of this work is to present the idea of fundamental rights by checking their hypotheses and normative statements, in addition to examining the possibilities for for realization of these rights through taxation for the construction of more cohesive and sustainable society. The adherence work to the master’s research line is realized while looking up foundations and proposals for State intervention in order to induce marked corporate behavior from the perspective of fundamental rights and guarantees by the strategic tax planning. Based on the deductive method to provide the analysis and considerations point about society, the legal system, the rights and guarantees, ethics and taxation. / O presente trabalho aborda a questão da efetivação e funcionalização dos direitos e garantias fundamentais pela via da tributação. Trata-se de um trabalho que busca analisar questões atinentes aos direitos de igualdade, liberdade e solidariedade e, passando por uma análise do comportamento ético empresarial e dos impactos da globalização hegemônica nos Estados, busca-se encontrar, de uma perspectiva teórica, modelos e argumentos para a efetivação e funcionalização de direitos basilares do pacto normativo e de politicas de globalização contra-hegemônica pela tributação (na ótica do planejamento estratégico tributário). O objetivo principal do presente trabalho é apresentar a ideia dos direitos fundamentais, verificando suas hipóteses e previsões normativas, além de examinar as possibilidades de efetivação desses direitos através da tributação para a construção da sociedade mais solidária e sustentável. A aderência do trabalho à linha de pesquisa do mestrado se concretiza ao passo que se busca fundamentos e proposições para uma intervenção do Estado com a finalidade de induzir comportamentos empresariais balizados na perspectiva dos direitos e garantias fundamentais pelo planejamento estratégico tributário. Para tanto, utiliza-se do método dedutivo para proceder uma pesquisa com material bibliográfico com o objetivo de se encontrar suporte para proporcionar a análise e considerações a respeito da sociedade, do ordenamento jurídico, dos direitos e garantias fundamentais, da ética e da tributação.

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.