Specialisation Seminar - Public finance law and tax law - income taxes in business activities 2200-1F039

Semester I
1. Forms of business activity and the forms of taxation assigned to them
A sole proprietorship
Non-taxable company
Taxpayer company
Lump sum, flat tax, PIT taxation under general rules, CIT taxation (small and other taxpayers)

2. Analysis of the statutory definition of tax deductible costs in the light of judicial decisions and interpretations of tax authorities:
costs incurred to achieve revenues (direct and adequate causation);
Costs of maintaining and securing the source of income;
Direct and indirect costs;
Documenting the cost incurred;
The burden of proof.

2. Analysis of the principles of settling costs in time in the light of court decisions and interpretations of tax authorities
Timing of direct costs;
Timing of indirect costs;
Principles adopted in tax law and principles adopted in accounting in the field of settling costs over time.

3. Analysis of the negative catalog of tax deductible costs in the light of court decisions and interpretations of tax authorities
Judicial lines regarding damages and contractual penalties as costs of preserving and securing the source of income;
Case-law relating to the costs of representation (representation versus advertising and sponsorship);
Jurisprudence lines regarding certain costs incurred by companies as legal entity operating costs.

4. Analysis of the concept of income on the basis of personal income tax in the light of judicial decisions and interpretations of tax authorities, with particular emphasis on the allocation of income to individual sources and taxation of employee benefits in kind

5. Analysis of the concept of income on the basis of corporate income tax in the light of judicial decisions and interpretations of tax authorities, with particular emphasis on free benefits (unpaid dividends, interest-free loans, free guarantees, serving as a member of the management board or supervisory board without remuneration).
Semester II

1. Tax analysis of selected transactions
Purchase of fixed assets and intangible assets (tax depreciation)
Statutory definition of fixed assets and intangible assets, determination of the initial value for depreciation purposes, depreciation methods, other specific issues.
Acquisition of the enterprise and its organized part by purchase and in kind
Leasing (types of leasing and their tax consequences)
Factoring (types of factoring and their tax consequences).

2. Determining and taxing the income of selected categories of taxpayers:
Related entities
Analysis of transfer pricing regulations; basic definitions, transfer pricing research methods, specificity of transactions between related entities, transfer pricing documentation, APA, price adjustment and transaction adjustment (non-recognition and re-characterization).
Tax capital groups
Purpose, establishment, taxation. Usage for tax optimization.