Tax & Legal Update

When does the super-gross salary concept apply to benefits from third persons?

The Regional Court in Hradec Králové has recently dealt with the income tax implications of employee benefits provided by third persons. The court’s decision affects the determination of employees’ super-gross wages.

Users may be responsible for Facebook’s activity

The recent judgement of the Court of Justice of the EU (CJEU) will not please many administrators of ‘fan pages’ hosted on Facebook: in its ruling in case C 210/16 ULD vs. Wirtschaftsakademie, the CJEU concluded that the administrator is in the…

CJEU setting stricter rules for on-call time of workers

The Court of Justice of the EU (CJEU) dealt with a dispute between a Belgian firefighter and his employer regarding the employee’ entitlement for being on call (stand-by duty). The court held that that if the employee had to respond to the…

Brexit: three customs arrangement options after Britain leaves the EU

If the present agreement remains unchanged, Great Britain will leave the European Union upon the lapse of the transition period, on 1 January 2021. At that time, it will most likely have to give up one of the greatest economic advantages of EU…

MLI enters into force

On 1 July 2018, the Multilateral Convention to Implement Tax Treaty-Related Measures to Prevent BEPS (‘Multilateral Instrument’ or ‘MLI’) entered into force. On that date, three months have elapsed from the end of the calendar month in which the MLI…

The end of the present EU VAT system approaching?

Late in May this year, the European Commission submitted a proposal to amend the VAT Directive, outlining the definitive (final) VAT system. The new system should unify the principles applicable in the VAT area across the European Union, simplify…

Spouse’s consent to share transfers not just a formality

A share in a business corporation held by a spouse forms part of the community property of spouses (‘community property’), with some exceptions. Although the other spouse does not become a shareholder (they cannot attend or vote at general meetings…

Taxation of listed investment funds is changing

In mid-June, the Chamber of Deputies passed a draft amendment to the Income Tax Act that alters the definition of a basic investment fund. The amendment regulates conditions under which funds whose shares have been accepted for trading on an EU…

Controversial amendment to Tax Procedure Code published in Collection of Laws

In early June, a long-awaited and widely discussed amendment to the Tax Procedure Code was published in the Collection of Laws. The amendment expands the information duty towards tax administrators and implements – with a few months’ delay – the EU…

Reporting cross-border transactions

On 5 June 2018, DAC 6 was published in the EU Official Journal. It introduces a new reporting duty and automated information exchange for cross-border arrangements motivated by obtaining a tax advantage.

2019 amendment to VAT Act: other three important changes

A draft amendment to the VAT Act has been submitted to the Chamber of Deputies. Below we present three significant changes.

Last wave of subsidies for large enterprises?

A few of the last calls to participate in the Enterprise and Innovations for Competitiveness Operational Programme (OPEIC) were announced during the course of June, including favourite programmes such as Potential, Innovations and Applications.…