Detail publikace

Hybrid Mismatches, CFC Rules and Interest Deduction Rules as stated in the OECD and EU standards and their Reflection in theCzech and Slovak Law – a Comparative Stud

Originální název

Hybrid Mismatches, CFC Rules and Interest Deduction Rules as stated in the OECD and EU standards and their Reflection in theCzech and Slovak Law – a Comparative Stud

Anglický název

Hybrid Mismatches, CFC Rules and Interest Deduction Rules as stated in the OECD and EU standards and their Reflection in theCzech and Slovak Law – a Comparative Stud

Jazyk

en

Originální abstrakt

The aim of this paper is to compare the way the rules for Hybrid mismatches, CFCs and the Interest Deduction rules are/will be reflected in the Slovak law and the way the rules should be reflected in the Czech law. Following aim is to compare these rules as stated in the OECD Action Plan on Base Erosion and Profit Shifting, specifically Actions 2, 3 and 4, and in ATAD Directive. The paper is based on a qualitative research, specifically on a multiple case study. The subject of the research was the above-mentioned OECD and EU standards, texts of legal regulations, document of the Chamber and technical texts dealing with implementation these standards in the national legislations. On the basis of research made, one can conclude that the BEPS and the ATAD Directive lay down very similar rules in relation to the categories in question. According to the document of the Chamber the Czech Republic intends to define CFC revenues exhaustively, while the Slovak Republic defines them in a general manner. None of these States will impose any exemptions in relation to the CFC. Compared to the Czech Republic, the Slovak Republic has already established and introduced rules on Hybrid mismatches. As for the interest deduction rules, the Czech Republic intends to adopt the upper limit for the deductibility of interest and the de minimis threshold exemption with a lower threshold than it is stipulated in the ATAD Directive. The Slovak Republic, however, will take advantage of the Article 11 and retains the current rules on the limitation of the deduction of interest, the so-called low capitalization rules.

Anglický abstrakt

The aim of this paper is to compare the way the rules for Hybrid mismatches, CFCs and the Interest Deduction rules are/will be reflected in the Slovak law and the way the rules should be reflected in the Czech law. Following aim is to compare these rules as stated in the OECD Action Plan on Base Erosion and Profit Shifting, specifically Actions 2, 3 and 4, and in ATAD Directive. The paper is based on a qualitative research, specifically on a multiple case study. The subject of the research was the above-mentioned OECD and EU standards, texts of legal regulations, document of the Chamber and technical texts dealing with implementation these standards in the national legislations. On the basis of research made, one can conclude that the BEPS and the ATAD Directive lay down very similar rules in relation to the categories in question. According to the document of the Chamber the Czech Republic intends to define CFC revenues exhaustively, while the Slovak Republic defines them in a general manner. None of these States will impose any exemptions in relation to the CFC. Compared to the Czech Republic, the Slovak Republic has already established and introduced rules on Hybrid mismatches. As for the interest deduction rules, the Czech Republic intends to adopt the upper limit for the deductibility of interest and the de minimis threshold exemption with a lower threshold than it is stipulated in the ATAD Directive. The Slovak Republic, however, will take advantage of the Article 11 and retains the current rules on the limitation of the deduction of interest, the so-called low capitalization rules.

BibTex


@inproceedings{BUT155751,
  author="Kristýna {Bělušová}",
  title="Hybrid Mismatches, CFC Rules and Interest Deduction Rules as stated in the OECD and EU standards and their Reflection in theCzech and Slovak Law – a Comparative Stud",
  annote="The aim of this paper is to compare the way the rules for Hybrid mismatches, CFCs and the Interest Deduction rules  are/will be reflected in the Slovak law and the way the rules should be reflected in the Czech law. Following aim is to compare these rules as stated in the OECD Action Plan on Base Erosion and Profit Shifting, specifically Actions 2, 3 and 4, and in ATAD Directive. The paper is based on a qualitative research, specifically on a multiple case study. The subject of the research was the above-mentioned OECD and EU standards, texts of legal regulations, document of the Chamber and technical texts dealing with implementation these standards in the national legislations. On the basis of research made, one can conclude that the BEPS and the ATAD Directive lay down very similar rules in relation to the categories in question. According to the document of the Chamber the Czech Republic intends to define CFC revenues exhaustively, while the Slovak Republic defines them in a general manner. None of these States  will impose any exemptions in relation to the CFC. Compared to the Czech Republic, the Slovak Republic has already established and introduced rules on Hybrid mismatches. As for the interest deduction rules, the Czech Republic intends to adopt the upper limit for the deductibility of interest and the de minimis threshold exemption with a lower threshold than it is stipulated in the ATAD Directive. The Slovak Republic, however, will take advantage of the Article 11 and retains the current rules on the limitation of the deduction of interest, the so-called low capitalization rules.",
  address="University of South Bohemia in České Budějovice, Faculty of Economics",
  booktitle="Proceedings of the 12th International Scientific Conference INPROFORUM
„Innovations, Enterprises, Regions and Management“",
  chapter="155751",
  howpublished="print",
  institution="University of South Bohemia in České Budějovice, Faculty of Economics",
  year="2019",
  month="march",
  pages="54--60",
  publisher="University of South Bohemia in České Budějovice, Faculty of Economics",
  type="conference paper"
}