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Proving of the Origin of Property and tax crimes

Publication at Faculty of Law |
2017

Abstract

On 1st December 2016 the Act No. 321/2016 Coll., which amends several Acts in the connection with proving of the origin of property (for the reason of simplicity it is designated as "the Act on Proving of the Origin of Property"), entered into force. This Act has amended the Act on Income Taxes - the Act No. 586/1992 Coll, and the Criminal Code - the Act No. 40/2009 Coll.

The legal regulation aimed at proving of incomes in the tax system in the Czech Republic bears on the so-called direct income taxes that include personal income tax and corporate income tax. The substantial role for application of that Act has got the procedural tax law - the Act No. 280/2009 Coll., Tax Code.

The Act on Proving of the Origin of Property represents a fundamental change relating to the proving of incomes of natural and legal persons, their taxing and the origin of their property. The Act on Proving of the Origin of Property introduces into the legal order a brand new institute - the similarly formulated institute in the Act on Administration of Taxes and Fees has never become de facto effective and similar previous legislative initiatives have not been enacted.

Also, the Act represents possible tax and criminal threat for some tax subjects. The need for comprehensive elaboration of this topic emerges from extensive media coverage (chiefly from expert, journalist and political point of view) as well as disputes in the course of preparation and enactment of that Act.

The publication is intended mainly for tax subjects - natural and legal persons, tax advisors, law offices, financial consultants, experts for the academic community and other interested persons.