Tax & Legal Update
Burden of proof for shortages ascertained
In its judgment No. 1 Afs 327/2017, the Supreme Administrative Court (SAC) dealt with an additional assessment of value added tax on shortages recognised during stock takings. The judgement provides insight into how shortages are viewed by the Czech…
Crowdfunding under regulator’s scrutiny
The proposal for a regulation on crowdfunding platforms in the EU is currently subject to a comment procedure. Such platforms allow the public to invest in projects using relatively small amounts of funds, while the final collected sum may amount to…
Scent trademarks and other news
A major amendment to the Act on Trademarks is currently being debated, with the planned effective date on 1 January 2019. If passed, the amendment will fundamentally change the system of registering trademarks in the Czech Republic. The amendment…
First three days of sick leave paid again?
Under presently applicable legislation, employees are not entitled to wage compensation for the first three days of temporary inability to work. This practice, referred to as ‘karencni doba’, or a ‘waiting period’ was introduced in 2008 by Mirek…
No sanctions for breach of GDPR for ČEZ and non-profits?
A group of deputies headed by Marian Jurečka (KDU-ČSL) has submitted a draft amendment to the Personal Data Protection Act. The deputies have taken on the role of protectors of public institutions and non-profit organisations against the harsh…
OP EIC update
The media has disclosed information about the EU suspending the provision of aid within the Enterprise and Innovation for Competitiveness Operational Programme, whose governing body is the Ministry of Industry and Trade, as a result of a high error…
Witness testimonies in tax proceedings?
Along with supporting documentation, witness testimonies are the most common and most important means of proof. A tax administrator’s refusal to hear a witness may even lead to the unlawfulness of payment assessments. What are the tax authority’s…
Electricity meters – installation not required for the entitlement to state aid
According to a decision by the Supreme Administrative Court, the entitlement to aid for renewable sources of energy arose in 2010 based on a lawful licence and the first parallel connection to the network, i.e. without an electricity meter having…
Guidance on determining beneficial ownership
The Advocate General has recently presented her views on a number of cases pending before the Court of Justice of the EU and dealing with beneficial ownership and its interpretation for the purposes of the EU directives. These legal disputes usually…
Limits of tax sanctions for Švarc system
In recent years the Supreme Administrative Court has repeatedly ruled in favour of a stricter tax treatment of income from activities carried out by self-employed persons within a Švarc system. However, in its decision of February 2018 the court…
SAC did not accept brokerage fee paid to unrelated party as deductible
The Supreme Administrative Court did not accept a brokerage fee (commission) paid to an unrelated party as a deductible expense despite supporting documents and witness testimonies. The burden of proof is on the service recipient who has to prove…