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Interpretational issues of trusts addressed at the Coordination Committees

Publication at Faculty of Law |
2022

Abstract

The subject of the text are the most important conclusions of the Coordination Committees Minutes issued so far on the issue of taxation of trusts, which represent the basic guidance in the interpretation of statutory provisions, given that no significant case law has been developed in this area so far. The first Coordination Committee Minutes on the taxation of trusts issued in 2014 pointed out the apparent contradiction between the wording of the statutory regulation and its meaning and purpose declared in the explanatory note, which subsequently led to the amendment of the Income Tax Act, which clarified the nature of the contribution of assets to a trust.

Not until 2021 were follow-up Coordination Committees Minutes issued, which deal with the issues of taxation of the distribution of trust property by way of a profit distribution, the tax exemption of income from the non-remunerated distribution of trust property, or the determination of the tax entry value of property contributed to a trust for tax depreciation purposes and the value of property on its sale for the purposes of determining tax deductible expenses. Neither the Coordination Committee Minutes on the application of Czech tax regulations to foreign trusts has been overlooked.