Tax & Legal Update

EU to enhance rights of posted workers

For a long time, the EU has been fighting inequalities in the remuneration of workers posted abroad, and the subsequent competitive advantages of companies from countries where labour is cheap. To approximate the rights of all those working at the…

Pitfalls of outsourcing: The ‘Švarc system’ and agency employment

With the recent economic growth, the demand for employees has been increasing, making them scarce goods. Shortages of staff may be partly resolved by outsourcing some activities. This approach, however, entails numerous pitfalls, most importantly…

Justice ministry prepares procedural law recodification

The Minister of Justice has presented an outline of the new civil procedure rules under preparation and intended to replace the current Civil Procedure Code.

Third call for applications under Energy Saving programme announced

On 1 November 2017, the Ministry of Industry and Trade announced a third call to participate in the Energy Saving programme. The programme focuses on the support of measures aiming to reduce energy consumption leading to the overall improvement of…

Stricter rules for VAT exemption of transport connected with exportation of goods

The EU Court of Justice’s judgment of 29 June 2017 tightens conditions for the exemption from VAT of transport services connected with the exportation of goods outside the EU.

Binding rulings for permanent establishments

From 1 January 2018, taxpayers may ask tax administrators for binding rulings on the manner of determining the tax base of a permanent establishment (or a registered branch of a foreign entity) located in the Czech Republic.

Country-by-country reporting’s most common first-phase errors

In 2017, we repeatedly discussed the amendment to the Act on International Cooperation in Tax Administration introducing country-by-country reporting – CbCR. 31 October 2017 was an important date of the first phase of CbCR.

Top eight tax news items for employers and employees in 2018

The maximum assessment base for social insurance and the minimum wage will increase, which will affect the amount of some other mandatory payments and tax credits. Employees will also be allowed to complete their statements of payroll tax…

Proving inter-company services and determining transfer prices

Almost all multinational groups of companies ensure part of their activities on a central basis and re-invoice shared services to group companies. This often involves significant amounts. It is therefore not surprising that tax administrators have…

Re-invoicing excluding VAT? Only when no ancillary supply is involved

The Supreme Administrative Court (SAC) recently agreed with the tax administrator that the re-invoicing of accident insurance is a supply ancillary to the lease of a motor vehicle and, consequently, should be liable to the same VAT regime as the…

SAC: Tax deductibility of expenses requires providing evidence about real supplier

In its two recent decisions, the Supreme Administrative Court (SAC) again concluded that legal entities claiming tax deductible expenses must document and prove circumstances under which these expenses were incurred, as well as provide information…

CJEU: Leases with option to purchase considered delivery of goods?

There are various forms of leases from a tax perspective. For VAT, the crucial question is whether, after the end of the lease term, the ownership title to a leased asset is automatically transferred from the lessor to the lessee. If this is the…