Tax & Legal Update

News in brief, November 2020

Last month’s tax and legal news in a few sentences.

CJEU: Right to deduct VAT in full also for expenses benefiting a third party

In the Vos Aannemingen case (C-405/19), the Court of Justice of the European Union (CJEU) dealt with whether it is possible to deduct, in full, input VAT on expenditures that benefited a third party, and when such benefit shall be regarded as…

SAC sanctions CZK 1 mil fine for ‘Svarc’ system

In its June 2020 judgement, the Supreme Administrative Court (SAC) dealt yet again with the ‘Svarc’ system. The court held that a CZK 1 mil fine for allowing illegal work had been rightly imposed by the Labour Inspection Office. The decision should…

SAC defines difference between contract and foreign employees

The Supreme Administrative Court (SAC) has clarified the definition of a contract employee and a foreign employee as set out in the Sickness Insurance Act. The distinction between these two categories of employees working in the Czech Republic is…

International rules for taxation of digital economy progress next stage

In mid-October, the OECD released for public comments its revised rules for the taxation of the digital economy. The final version of the rules including draft legislation is planned to be issued in mid-2021. The rules are still based on a two…

Changes in occupational health services during state of emergency

The government has adopted an emergency measure on periodic and other health checks. As in the spring, the measure introduces the possibility to use (in specified cases) affidavits instead of initial health checks, or not to perform periodic health…

Record-breaking spam penalty

In August of this year, the Office for Personal Data Protection (the Office) imposed the highest fine to date for the repeated unsolicited sending of commercial communications (spam). The company selling second hand cars paid CZK 6 million.

DORA to enhance cyber resilience of financial institutions

The European Commission has released a proposal for the Digital Operational Resilience Act (DORA), laying down the requirements for the information and communication technology (ICT) security of financial institutions. Banks, stock exchanges,…

Investment incentives: Possibility to extend the deadline for meeting general terms…

In record time, the chamber of deputies and the senate have passed a draft government amendment to the Act on Investment Incentives allowing support recipients affected by the coronavirus pandemic to apply for the extension of the deadline for…

Calls to OP EIC attract interest; other calls are to be announced

Below we provide an overview of open calls within the Operational Programme Enterprise and Innovations for Competitiveness (OP EIC) and their current status. A new call within the Infrastructure Services programme has been announced and other calls…

Brexit: What will happen to social security and health insurance in 2021?

The end of 2020 will also bring the end of the transition period under the Agreement on the Withdrawal of the UK from the EU. During the transition period between 1 February 2020 and 31 December 2020, the United Kingdom is being treated as if it…

Practical pitfalls of quick fixes

An amendment to the VAT Act implementing long-awaited changes to the intracommunity supply of goods (quick fixes) entered into effect on 1 September 2020. We may already comment on the first practical implications for taxpayers and on solutions to…