Case law
Advocate General comments on VAT treatment of tooling
The Advocate General of the Court of Justice of the European Union (CJEU) has confirmed the current approach to the VAT treatment of the sale of tooling (moulds), whereby it is a supply of goods without transport and therefore a taxable supply at…
Supreme Court: Chanel can choose its distributors
Chanel, a French luxury cosmetics and perfumes manufacturer, has for many years been involved in a legal dispute with the Czech company Notino. The subject of the dispute was Notino's obligation to provide information on the origin of Chanel’s…
Municipal court: VAT and gratuitous supply of land
The Municipal Court in Prague stated in its judgment that the tax base upon a contribution of land into a business company is its residual value if the right to deduct VAT was at least partially claimed upon its acquisition.
Supreme Court: landmark decision on termination of employment of foreigners
Czech legislation sets strict conditions for the employment of foreigners, especially from non-EU countries. Failure to comply with these conditions may result in fines of up to CZK 10 million and other negative consequences. Nonetheless, this…
Assignment of receivables secured by pledge agreement
The Supreme Court of the Czech Republic dealt with whether an assignment of a receivable arising from a secured obligation also transfers the ancillary clauses of the pledge agreement, e.g. the right to demand a contractual penalty, to the new owner.
Supreme Court: Can blank promissory note be redeemed?
In resolution No. 29 Cdo 2073/2022, the Supreme Court of the Czech Republic has taken the view that it is possible for a blank promissory note to be redeemed, i.e. reestablished in court.
CJEU on VAT treatment of subsidies in public transport
The Court of Justice of the European Union (CJEU) addressed whether a lump-sum compensation provided by a region to a public transport operator to cover their loss is a part of the taxable amount for VAT purposes. In the present case, the…
SAC on tax deductibility of provisions for repairs of tangible assets
In its recent judgment, the Supreme Administrative Court dealt with the creation of provisions for repairs of tangible assets under the Reserves Act. The key issue was the (non-) fulfilment of the condition that provisions may only be created for…
CJEU Advocate General: transfer pricing and VAT treatment
In his opinion (C-726/23), Advocate General Jean Richard de la Tour stated that remuneration for intra-group services calculated using the transactional net margin method as recommended by the OECD should be regarded as consideration for services…
Disguised tax inspection: SAC on the point of time of its actual commencement
The initiation of a tax inspection does not always have to be connected with a formal notification by the tax administrator, as legislation assumes. In its recent judgment, the Supreme Administrative Court (SAC) noted that a tax inspection has…
CJEU: Assessment of conditions for dividend exemption on subsidiary’s part
The Court of Justice of the EU ruled in a dispute (C-228/24) between a Lithuanian company and the tax authorities regarding the application of the abuse of rights concept under Directive 2011/96/EU on the taxation of parent companies and…
SAC confirms right to interest on wrongly assessed customs duties
In its recent judgment, the Supreme Administrative Court (SAC) has reconsidered its existing case law and granted a taxpayer the right to interest on wrongly assessed customs duty. The SAC emphasised that this right is guaranteed by EU law and that…