SAC sets limits to fighting VAT fraud
Where a supply has been affected by VAT fraud, the tax administration demands almost investigative checks of suppliers to maintain the entitlement for VAT deduction; and this may happen at any point in the chain. The Supreme Administrative Court …
New rules of liability for unpaid VAT according to SAC
The Supreme Administrative Court has specified the conditions of a supply recipient’s liability for VAT unpaid by the supplier: a payment to a foreign account cannot automatically give rise to liability.
Better times ahead for cross-border trading taxpayers?
The Supreme Administrative Court has recently stood up for a taxpayer who effected a supply of goods to another member state, i.e. a transaction exempt from VAT with entitlement to deduction. The crucial point of the dispute was the taxpayer’s good…
MOSS: the future of e-commerce?
At its December session, ECOFIN adopted new VAT rules that should make things easier for e-commerce businesses.
SAC: VAT cannot be levied twice on the same transaction
The Supreme Administrative Court (SAC) granted many VAT payers’ Christmas wishes by its favourable ruling regarding the fight against tax fraud. In the FAU case, attracting considerable media attention, the court said no to the concurrence of…
New opportunity for Czech taxpayers to decrease VAT on unpaid receivables?
At the end of last year, the Court of Justice of the European Union issued a judgment in the Italian Enzo Di Maura case (C 246/16), which involved a VAT refund relating to unpaid receivables from debtors subject to bankruptcy or insolvency…
VAT not to be included in acquirer’s immovable property acquisition tax base
VAT will not be included in the immovable property acquisition tax base even if the person liable to this tax is the acquirer. Based on this, persons liable to immovable property acquisition tax may file additional tax returns and claim part of the…
Stricter rules for VAT exemption of transport connected with exportation of goods
The EU Court of Justice’s judgment of 29 June 2017 tightens conditions for the exemption from VAT of transport services connected with the exportation of goods outside the EU.
When to expect definitive VAT system for EU?
A long-awaited draft amendment to the VAT Directive, intended to specify the outlines of the definitive VAT system for intra-EU supplies of goods, was published by the European Commission on 4 October 2017.
ECOFIN meeting: Taxation of digital economy and definitive VAT system
The main tax issues discussed at the Economic and Financial Affairs Council’s October meeting were the taxation of the digital economy and the implementation of a definitive VAT system. The ECOFIN approved a draft directive implementing a new system…
SAC: Tax administrator’s authority to register taxpayers for VAT subject to time limit
In its decision 10 Afs 329/2016-55, the Supreme Administrative Court (SAC) confirmed that the tax administrator’s authority to register persons liable to tax as VAT payers by virtue of office is not time-unlimited, similarly as any other…
CJEU: Leases with option to purchase considered delivery of goods?
There are various forms of leases from a tax perspective. For VAT, the crucial question is whether, after the end of the lease term, the ownership title to a leased asset is automatically transferred from the lessor to the lessee. If this is the…