Tax & Legal Update
Early termination penalty subject to VAT?
The Court of Justice of the EU (CJEU) in its judgement C-295/17 (MEO – Serviços de Comunicações e Multimédia SA) dealt with the question whether a fee received for early termination of a contract is subject to value added tax.
Brexit: time for a deal running short
Although the exit agreement between the United Kingdom and the EU is ready, it has not yet been ratified. The key vote in the British parliament lies ahead: if the deal is not passed, there will most likely be a no-deal Brexit. In this uncertain…
No deregulation for investment funds
In 2019, we expect further regulatory changes in the investment fund sector, mainly concerning reporting and stress testing. The European Securities and Markets Authority (ESMA) is now finalising guidelines on stress test scenarios for money market…
Uncertainty regarding electronic sick notes and waiting period (karenční doba)
Work on and approval of legislative changes to social security law have recently been reminiscent of Westerns. Whereas the cancellation of the waiting period (karenční doba) was passed by the Chamber of Deputies after years of discussion and…
What’s new in immigration law?
Discussions concerning immigration law have recently been fairly lively. While the Chamber of Deputies is currently deliberating an extensive amendment to the Act on Foreign Nationals’ Residence, in November, the Constitutional Court cancelled a…
Deputies pass GDPR-adapting act
In December of last year, the Chamber of Deputies passed a long-awaited bill on personal data processing, designed to replace the existing Act on Personal Data Protection. Its adoption follows the new rules set out in the EU General Data Protection…
How not to turn a mole hill into a (tax) mountain
Did you buy, sell or acquire real property in 2018? Did you make changes to the real property or in the Real Estate Cadastre in 2018? Take care when filing your real property tax return, since even a small tax amount can get very expensive!
Changes to R&D allowances already in legislative process
A working group consisting of representatives of business federations and associations, the Ministry of Finance and the General Financial Directorate has agreed on changes to the R&D allowance. These have recently been passed as part of the tax…
Chamber of Deputies passes tax package – highlights
Just before the holidays, the Chamber of Deputies passed the so-called tax package (Print No. 206). The draft amendment still needs to be discussed by the Senate in January. Below, we draw attention to some changes in personal income tax and VAT.
SAC: additional tax may be assessed even if tax inspection is unlawful
Less than three month ago, we informed you about recent case law in which the Supreme Administrative Court (SAC) confirmed that tax administrator had proceeded unlawfully by not giving the taxpayer the chance to correct their error by filing an…
Super-gross tax base for benefits from third parties – the case continues
In July 2018, the Regional Court in Hradec Králové confirmed the duty to apply the “super-gross tax base” also for benefits provided to employees by third parties. The issue was now dealt with by the Supreme Administrative Court, which did not…