Tax & Legal Update
Svarc system under scrutiny: watch out for risky relationship structures
The ‘Svarc system’, where work is performed under a contract governed by commercial law but is in fact a dependent work, is still a widespread phenomenon in the Czech Republic. Legally, dependent work can only be performed in an employment…
CJEU: Excessively high price no reason to refuse right to VAT deduction
In case C-334/20 Amper Metal, the Court of Justice of the European Union has ruled on whether a service recipient is entitled to deduct VAT if the price paid for advertising services is significantly higher than the price usually paid for such…
SAC imposes strict requirements for proving internet advertising
The Supreme Administrative Court continues in its strict trend with respect to the provision of evidence that advertising, in this case advertising on the internet, has taken place. According to the court, a screenshot or the administrator account…
Reform of reduced VAT rates in EU
The current EU rules on VAT rates for goods and services were set almost 30 years ago and need to be modernised to correspond to developments in EU legislation. In 2018, the European Commission therefore proposed a reform of VAT rates, and an…
Ombudsman: how to improve treatment of EU workers
EU legislation aims to ensure that in member states, domestic workers and those from other EU countries are treated equally. A level-playing field is essential for free movement in the EU internal market. However, a recent survey by the Czech…
SAC on rules for mutual representation of states in issuing Schengen visas
The Czech Republic does not have diplomatic representation in all countries whose citizens are subject to visa requirements. The same applies to other Schengen member states. While this does not mean that citizens of those states cannot travel to…
How to present evidence in tax proceedings, or: less is sometimes more
Many of you have no doubt encountered a request for evidence during a tax inspection. However, being overzealous in providing evidence may not always pay off. What specific evidence a taxpayer is required to produce at each stage of a tax…
Changes in VAT rate on supply of medical devices
The amendment to the VAT Act in effect from 1 January 2022 narrows the scope of medical devices subject to the reduced VAT rate. If you buy or sell medical devices, we recommend you check whether this amendment also applies to your goods.
Coordination Committee: How to determine VAT treatment of superficies payments upon…
The Coordination Committee of the General Financial Directorate and the Chamber of Tax Advisors concluded that the VAT treatment of superficies payments paid on a recurring (e.g., monthly) basis, does not change over time.
Who bears the burden of proof in tax proceedings and why is it important to know?
The questions of who bears the burden of proof in tax proceedings and when has plagued many a taxpayer and even tax administrators. The burden of proof is distributed between them and during tax proceedings usually shifts from one to the other. The…