Taxation of Trust under the new Civil Code: Absence of residence of Trust in the Tax law

Abstract

The new Civil Code provides a large number of changes in terminology and substantive nature. One of the important substantive changes is incorporation of Trust as foreign institute in Czech legal order.

The goal of this article is to describe how the Tax law copes with incorporation of Trust in private law. The core of the article focuses on the discussion of the fact that the Trust has or has not residence, and what impact do this findings have on tax law.

Keywords

• trust, the new Civil Code
• Tax law
• formal concept of residence
• material concept of residence