Case law
SAC on calculation of reduction coefficient upon sale of land
The Supreme Administrative Court (SAC) dealt with a case in which a sale of land was excluded from the calculation of the reduction coefficient. The taxpayer had sold land that they considered and accounted for as fixed assets. The tax administrator…
CJEU on the VAT treatment of real property sales
In judgment C-239/22, the Court of Justice of the EU (CJEU) specified that the criterion of ‘first occupation’ of immovable property means the first use of the property by its owner or tenant. The application of VAT to the sale of the property then…
Application of reverse charge to supplies of movable items when providing…
The Supreme Administrative Court dealt with the correctness of applying the reverse charge regime to the modernisation of a dairy which also included supplies of movable items functionally related to the dairy. At the heart of the dispute was…
Advertising services under scrutiny: recent case law
Reviewing the tax deductibility of advertising costs is still very popular with tax administrators during inspections. Below, we inform you about recent case law that could indicate what documents taxpayers should have on hand during an inspection…
SAC on VAT deduction: Who can dispose of goods as their owner?
The Supreme Administrative Court has ruled on a case concerning the purchase and subsequent sale of goods that remained in the warehouse of a supplier who had been duly authorised to resell them. The merit of the dispute was whether the taxpayer had…
What to watch out for when preparing documents to claim R&D allowance
Even though R&D-related legislation may appear unchanged, in 2023, tax administrators may no longer accept approaches applied in prior years. Last year’s case law showed that project objectives, documentation, and evaluation should be as specific as…
Proving services provided by parent company and principle of legitimate expectation
In recent judgment No. 30 Af 57/2021-76, the Regional Court in Brno reminded us how important robust documentation of services is in defending the tax deductibility of expenses. The core of the dispute involved a taxpayer claiming in their income…
Regional Court on deductibility of interest on acquisition loan and abuse of law
In judgment 55 Af 4/2020–137, the Regional Court in Prague dealt with a company that claimed interest on a bank loan for the purchase of a share in a Czech company with which it was subsequently to merge by acquisition. The loan was provided by an…
CJEU challenges transaction benefiting from simplified procedure for triangular…
The Court of Justice of the EU ruled on the use of the simplified procedure for triangular transactions. If documents issued by the middle party under the scheme do not comply with the VAT Directive, the scheme cannot be used, according to the court.
CJEU: Is it necessary to pay VAT stated in tax document?
The Court of Justice of the European Union has refuted the Austrian court's belief that any person who indicates tax on a tax document is liable to pay that tax. If the service recipients are only end costumers not entitled to deduct VAT,…
Court agrees: bonds issued under commission agency agreement not to be included in…
The court agreed with our tax litigation team in a dispute concerning thin capitalisation rules. When applying the test, the economic substance of the credit relationship should be taken as a basis – the bonds issued for unrelated investors under a…
CJEU on the right to deduct VAT if supplier pretends to be another person
The Court of Justice of the European Union (CJEU) recently ruled that taxpayers involved in tax fraud shall be denied the right to deduct VAT in full, even if the loss of tax revenue (tax evasion) is lower.