Tax & Legal Update

2019 amendment to VAT Act: changes to original wording

The 2019 amendment to the VAT Act, discussed in the previous issues of our Tax and Legal Update, has undergone a number of first changes, including, e.g., a change in the General Financial Directorate’s approach to the adjustment of VAT relating to…

TRIO programme accepting applications within the fourth call

The Ministry of Industry and Trade announced the fourth call to participate in the TRIO subsidy programme, focusing on support of operating expenses for industrial research and experimental development projects. Compared with the previous calls, the…

Stricter criteria for granting investment incentives

Following discussions regarding the future of investment incentives, the government plans to use this important investment tool to respond to the actual needs and priorities of the Czech Republic and focus on projects with a higher added value. In…

Generally applicable reverse charge mechanism

At its October session, the Economic and Financial Affairs Council (ECOFIN) approved a proposal allowing the EU member states to temporarily implement a generalised reverse charge mechanism until 2022.

Clearer rules for cross-border tax dispute resolution

In the autumn of 2017, the long-awaited EU directive on tax dispute resolution mechanisms in the European Union was passed. It aims to unify international cooperation in the resolution of tax disputes mainly arising from interpretation ambiguities…

Concurrence of offices, yet again

The concurrence of offices is an evergreen in corporate law. The present back-and-forth exchange of opinions between the Supreme Court and the Constitutional Court is certainly interesting. But will they finally arrive at a straightforward result?

SAC on proving intra-group services

In November 2017, the Regional court in České Budějovice ruled against a taxpayer in a dispute concerning the provision of services within a group. The court agreed with the tax administrator’s conclusions as to the lack of probative value of the…

Transfer price checks also in personal income tax inspections

Transfer prices between related parties remain a priority of tax administrators’ inspection activities. As much as the general public believes that this only concerns corporate entities and cross-border transactions, the recent Supreme…

SAC: filing additional tax return a preferred option to initiating tax inspection

Where the tax authority has reason to expect that additional tax will be assessed, taxpayers must be given a chance to correct their error by filing an additional tax return. Typically, these are cases where the conclusions of a single tax…

Not granting personal data subject’s request is an administrative decision

The Supreme Administrative Court (SAC) dealt with the admissibility of an action for protection against unlawful infringement by an administrative body in a case where a personal data subject was not satisfied with how their request under the…

Latest news - October 2018

Last month’s tax and legal news in a few sentences.

SAC: Involvement in tax fraud must always be proved by tax administrator

The Supreme Administrative Court (SAC) dealt with a case in which the tax administrator denied a taxpayer’s entitlement to deduction of VAT on received taxable supplies, claiming that the taxpayer knew or should have known that they had been…