| Abstract [eng] |
This master's thesis analyses the legal issues surrounding the income and profit taxation of collective investment undertakings in Lithuania, examining relevant legislation, doctrinal conclusions drawn by scholars, and interpretations provided in case law. The topic is primarily explored through the prism of the implementation of the principles of tax neutrality and legal certainty. Since the taxation of collective investment undertakings in the European Union remains within the domain of national regulation, entities operating under identical rules in different Member States are taxed differently, which raises concerns regarding the free movement of capital and the principle of non-discrimination. The thesis analyses the concept of taxable entity status of collective investment undertakings under Lithuanian law, the impact of the tax-exempt income regime on the effective tax liability, as well as the scope and limits of the application of anti-avoidance rules to collective investment undertaking structures. The issues of determining beneficial ownership status, income attribution and identification of the place of residence in cross-border collective investment undertaking structures are examined. Through the analysis of legislation and case law, the full range of deficiencies in the current Lithuanian collective investment undertaking taxation model is revealed, their impact on investors is assessed, and concrete recommendations for the improvement of the legal framework are put forward. |
