Tax & Legal Update
Adjustments to top-up taxes: what will forthcoming amendment change?
The Ministry of Finance has published a draft amendment to the Act on Top-Up Taxes, which incorporates the rules contained in the OECD’s documents. In addition to many legislative changes and additions in the area of safe harbours, the draft changes…
Changes in income taxes resulting from amendment to ICIF Act
The Chamber of Deputies of the Czech Parliament has passed an amendment to the Investment Companies and Investment Funds (ICIF) Act. It includes a technical amendment to the Income Tax Act that responds to changes in the ICIF Act and introduces…
SAC on definition of beneficial owner of royalties
In a recent judgment, the Supreme Administrative Court (SAC) confirmed the key criteria for determining a beneficial owner in the context of licensing agreements. The court indicated that a beneficial owner can be identified in the course of tax…
New chance for temporary protection holders: conversion to long-term residence
Following a consensus at the European Union level, the Ministry of the Interior of the Czech Republic is planning further changes concerning the residence of Ukrainian citizens who have fled their country in connection with the Russian aggression.…
Technical amendment to consolidation package approved by chamber of deputies
During the discussion of an amendment to the Act on Investment Companies (Print 570), the chamber of deputies approved proposals to amend the Income Tax Act and other laws amended at the end of 2023 within the consolidation package. The proposals…
Chamber of deputies passes amendment important in company conversions
The Chamber of Deputies has passed an important amendment to the Act on Conversions of Commercial Companies and Cooperatives (the Company Conversion Act). Its main novelties deal with the transfer a company's registered office outside the European…
Estimated payables as seen by recent case law
The Supreme Administrative Court (SAC) has recently issued two judgments dealing with estimated payables and their effect on the income tax base. The court’s reasoning provides taxpayers with important general information on what to have ready for…
Importance of detailed documentation for claiming R&D allowance
In its recent decision, the Supreme Administrative Court (SAC) confirmed that detailed and structured documentation is essential for successfully claiming R&D allowances. The absence of clear documentation may lead the tax authority to deny the…
CJEU confirms its position on supply of goods to specific recipient
In a recent case submitted by Czech courts, the CJEU commented on an intra-community supply of goods to a specific recipient (C 676/22 B2 Energy). According to the CJEU, a VAT exemption could not be granted because the goods were not delivered to a…
Employment of foreigners from third countries to undergo further changes
Effective 1 July 2024, the Employment Act will undergo significant changes which will affect foreigners from countries outside the European Union without free access to the labour market. Specifically, processes relating to the reporting of job…
Fraudulently issued invoices: who pays VAT?
The Court of Justice of the European Union (CJEU) commented on who is considered a person liable to pay tax for invoices fraudulently issued by a company’s employee.