The SAC: Are statutory representatives liable to VAT?
In its recent judgment (2 Afs 100/2016–29) the Supreme Administrative Court held that the performance of an office as statutory representative in a limited liability company meets the criteria of an independently performed economic activity and…
Ways to quicker excess VAT deduction refunds
Excess VAT deductions retained by tax administrators cause cash-flow problems to a large number of corporations. When claiming refunds of excess deductions amounting to millions of Czech crowns, taxpayers often have to wait a long time for the…
Consideration paid after withdrawing from a contract for work
The Supreme Administrative Court (SAC) ruled (7 Afs 124/2016 – 35) on the VAT treatment of an amount that a customer paid to a contractor after withdrawing from a contract for work. The core of the dispute was whether the amount was a consideration…
Latest news - December 2016
Last month’s tax and legal news in a few sentences.
Tax authority’s duty to produce evidence
The Supreme Administrative Court’s recent judgment concerning the entitlement to VAT deduction reminds us that not only the taxpayer must prove facts during tax proceedings but also the tax authority. The tax administration’s attempt to shift the…
GFD’s information on reverse-charge application on telecommunication services: some questions remain
The reverse-charge regime has been applied to selected electronic communication services since 1 October 2016. The General Financial Directorate (the "GFD") has published information that should have clarified reverse-charge application conditions.…
Deputies discuss amendment to VAT Act
An amendment to the VAT Act, planned to be in effect from 1 January 2017, is now discussed in its first reading at the chamber of deputies. Its original wording has changed slightly during the external comment procedure.
Dealing with the biggest pain of VAT inspections
For a long time, during VAT inspections, honest businesses have mostly feared failing to prove the receipt of supplies from an uncontactable supplier or their supplier’s involvement in VAT fraud without the recipient’s knowledge. A recent Supreme…
EU harmonisation of voucher taxation
A new EU directive regulating vouchers was adopted in June. It aims to harmonise rules for the application of VAT on transactions with vouchers in the EU and eliminate the double taxation or non-taxation of these transactions. The new rules will be…
Right to deduct VAT without meeting the required essentials of a tax document
In September, the Court of Justice of the EU (CJEU) ruled on case C-518/14 Senatex GmbH. In the case, the tax administrator challenged the entitlement to VAT deduction based on tax documents that did not contain the tax identification number (VAT No…