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Czech Republic<br />
According to <strong>the</strong> 2015 Financial Secrecy Index, <strong>the</strong> Czech<br />
Republic has <strong>the</strong> fourth lowest level <strong>of</strong> financial secrecy<br />
out <strong>of</strong> all <strong>the</strong> 18 countries included in this report (ranked at<br />
number 81 at <strong>the</strong> global level). 297 In o<strong>the</strong>r words, <strong>the</strong> Czech<br />
Republic has low levels <strong>of</strong> financial secrecy.<br />
Taxation<br />
Tax treaties<br />
Since September 2015, <strong>the</strong> Czech Republic has signed a new<br />
tax treaty with Turkmenistan, 298 among o<strong>the</strong>rs, and treaties<br />
with Pakistan 299 and Kazakhstan 300 have entered into force.<br />
According to available information, <strong>the</strong> Czech Republic does<br />
not plan to do any spillover analysis <strong>of</strong> its tax treaties to<br />
assess <strong>the</strong>ir impacts on developing countries.<br />
In total, <strong>the</strong> Czech Republic has 39 tax treaties with<br />
developing countries, which is slightly below <strong>the</strong> average<br />
(42 treaties) among <strong>the</strong> countries covered by this report.<br />
The average reduction <strong>of</strong> developing country tax rates<br />
within those treaties – 4 percentage points – is slightly<br />
above average (3.8 percentage points) among <strong>the</strong> countries<br />
covered by this report. 301 The Czech Republic does not have<br />
any tax treaties that stand out as being ‘very restrictive’. 302<br />
Harmful tax practices<br />
According to a study on aggressive tax planning structures,<br />
<strong>the</strong> Czech Republic exhibits nine indicators that aggressive tax<br />
planning structures exist in its legislation, as compared with<br />
<strong>the</strong> EU average <strong>of</strong> 10.6. 303 The Czech Republic does not have a<br />
patent box and <strong>the</strong>re were no o<strong>the</strong>r active indicators found.<br />
Statistics published by <strong>the</strong> European Commission shows<br />
that <strong>the</strong> Czech Republic had 34 advance pricing agreements<br />
(or ‘swee<strong>the</strong>art deals’) in force at <strong>the</strong> end <strong>of</strong> 2014. By <strong>the</strong> end<br />
<strong>of</strong> 2015, this number had increased to 47, which makes <strong>the</strong><br />
Czech Republic <strong>the</strong> country with <strong>the</strong> ninth highest amount<br />
<strong>of</strong> advance pricing agreements in <strong>the</strong> EU. 304 The Czech<br />
authorities publish abstracts <strong>of</strong> advance tax rulings in tax<br />
journals, but <strong>the</strong>re is no public disclosure <strong>of</strong> <strong>the</strong> details <strong>of</strong><br />
specific rulings. 305<br />
Global solutions<br />
The Czech Ministry <strong>of</strong> Finance does not support <strong>the</strong><br />
establishment <strong>of</strong> an intergovernmental UN body on tax,<br />
preferring <strong>the</strong> OECD as <strong>the</strong> global standard setter. In general,<br />
<strong>the</strong> Ministry <strong>of</strong> Foreign affairs shows more understanding<br />
for <strong>the</strong> global and developmental dimensions <strong>of</strong> tax justice.<br />
However, <strong>the</strong>y do not consider <strong>the</strong> agenda important enough<br />
to challenge <strong>the</strong> Ministry <strong>of</strong> Finance on <strong>the</strong> issue. 308<br />
Conclusion<br />
The Czech Government seems to have an ambivalent<br />
position on <strong>the</strong> issue <strong>of</strong> transparency. On <strong>the</strong> one hand,<br />
<strong>the</strong> Ministry <strong>of</strong> Finance raises strong concerns about<br />
public country by country reporting, and <strong>the</strong> Czech law<br />
on beneficial ownership registers is very restrictive in its<br />
access requirements and even raises concerns about being<br />
consistent with <strong>the</strong> EU’s Anti-Money Laundering Directive.<br />
On <strong>the</strong> o<strong>the</strong>r hand, <strong>the</strong> government has not yet taken an<br />
<strong>of</strong>ficial position on <strong>the</strong> issue <strong>of</strong> public country by country<br />
reporting, and has just announced support for public<br />
registers <strong>of</strong> beneficial ownership at EU level.<br />
When it comes to taxation, <strong>the</strong> Czech Republic is nei<strong>the</strong>r<br />
among <strong>the</strong> worst nor <strong>the</strong> best. The number <strong>of</strong> tax treaties<br />
with developing countries, as well as <strong>the</strong> reduction <strong>of</strong><br />
developing country tax rates through those treaties,<br />
are both around average. When it comes to harmful<br />
tax practices and swee<strong>the</strong>art deals with multinational<br />
corporations, <strong>the</strong> Czech Republic has a significant number <strong>of</strong><br />
both, but is not among <strong>the</strong> extremes in <strong>the</strong> EU.<br />
The <strong>of</strong>ficial position <strong>of</strong> <strong>the</strong> Czech government is that it does<br />
not support <strong>the</strong> establishment <strong>of</strong> an intergovernmental UN<br />
tax body, despite <strong>the</strong> fact that <strong>the</strong> Ministry <strong>of</strong> Foreign affairs<br />
has expressed some understanding on this issue.<br />
Although <strong>the</strong> Czech Minister <strong>of</strong> Finance Andrej Babiš admits<br />
that aggressive tax avoidance could be harmful for <strong>the</strong> state<br />
budget, in his blog he positively commented on special tax<br />
regimes in Luxembourg and <strong>the</strong> Ne<strong>the</strong>rlands which in his<br />
opinion helped to attract foreign investment. 306 Just recently<br />
he announced that if he is re-elected he would like to cancel<br />
or at least considerably reduce <strong>the</strong> tax on dividends. 307<br />
<strong>Survival</strong> <strong>of</strong> <strong>the</strong> <strong>Richest</strong> • 59