Tax & Legal Update
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…
SAC: Tax administrator’s authority to register taxpayers for VAT subject to time…
In its decision 10 Afs 329/2016-55, the Supreme Administrative Court (SAC) confirmed that the tax administrator’s authority to register persons liable to tax as VAT payers by virtue of office is not time-unlimited, similarly as any other…
ECOFIN meeting: Taxation of digital economy and definitive VAT system
The main tax issues discussed at the Economic and Financial Affairs Council’s October meeting were the taxation of the digital economy and the implementation of a definitive VAT system. The ECOFIN approved a draft directive implementing a new system…
When to expect definitive VAT system for EU?
A long-awaited draft amendment to the VAT Directive, intended to specify the outlines of the definitive VAT system for intra-EU supplies of goods, was published by the European Commission on 4 October 2017.
A big amendment to Labour Code is out of game
Already in February 2016, the Ministry of Labour presented its draft amendment to the Labour Code, aiming to significantly change this fundamental labour law. The deputies, however, did not manage to discuss the draft before the term end. As much as…
Quiet revolution in dividend payment?
With the effective date of the Corporations Act four years ago, a new chapter of corporate law started to be written. While some old concepts have explicitly been abandoned by the new law, some changes are only appearing gradually, as the…
PSD2: Amendment to payment services regulations
An amendment to the Act on Payment Services, implementing PSD2, the Second Payment Services Directive, into the Czech legal system, was passed a few days ago. The amendment introduces important changes in the area of online payments.
VAT: Do you know you should have known?
In their data boxes, selected VAT payers have recently received a notice whose purpose at first sight is not entirely clear. In the Notice on Taking Adequate Measures the tax administrator lists recommended preventive measures.
Are you renting out on Airbnb? Then you are liable to tax, says financial…
Accommodation providers using internet portals such as Airbnb should be on their guard. The General Financial Directorate’s Information published in October 2017 draws attention to tax obligations in this area, covering income taxes, value added tax…
GFD guideline on research and development
Case law of the Czech Supreme Administrative Court confirms that a flawless research and development project represents a necessary precondition for claiming a research and development deduction in a tax return. The General Financial Directorate …