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…
SAC on international requests for cooperation and time limits for tax assessment
Effective 1 January 2014, pending international requests for cooperation extend the period for which a tax may be assessed by the tax administrator. The SAC has now dealt with the interpretation of the effect of this regulation in terms of time: Do…
SAC: lapse period must be examined for securing orders as well
The Supreme Administrative Court (SAC) dealt with the question whether the lapse of the deadline for the assessment of tax renders it also impossible to issue orders to secure tax, and whether the tax administrator even has to examine this. The…
Pitfalls of outsourcing: The ‘Švarc system’ and agency employment
With the recent economic growth, the demand for employees has been increasing, making them scarce goods. Shortages of staff may be partly resolved by outsourcing some activities. This approach, however, entails numerous pitfalls, most importantly…
SAC confirms ‘tax inspections beyond regional borders’
Increasingly often, the financial administration has been concentrating related tax inspections into the hands of a single tax administrator. This concept, referred to as ‘delegation’, considerably simplifies the work of the tax authorities. For…
Technical improvements and advertising services once again on the SAC’s agenda
The Supreme Administrative Court (SAC) in its recent judgement dealt yet again with the issue of repairs vs technical improvements and the application of related depreciation by a tax administrator during a tax inspection. The court also opined on…
SAC: Tax deductibility of expenses requires providing evidence about real supplier
In its two recent decisions, the Supreme Administrative Court (SAC) again concluded that legal entities claiming tax deductible expenses must document and prove circumstances under which these expenses were incurred, as well as provide information…
Re-invoicing excluding VAT? Only when no ancillary supply is involved
The Supreme Administrative Court (SAC) recently agreed with the tax administrator that the re-invoicing of accident insurance is a supply ancillary to the lease of a motor vehicle and, consequently, should be liable to the same VAT regime as the…
GFD guideline on research and development
Case law of the Czech Supreme Administrative Court confirms that a flawless research and development project represents a necessary precondition for claiming a research and development deduction in a tax return. The General Financial Directorate …
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…
Privacy for thieves
The Constitutional Court finally closed a lengthy dispute over the legality of publishing a thief’s photograph on a social network by the victim of the theft. However, the court did not deal with the details of the case, stating only that the…
“Perfect” documentation does not automatically guarantee deductibility for tax purposes
In its recent judgment (file no. 7 Afs 330/2016), the Supreme Administrative Court (SAC) again held that even an accounting document free of any formal deficiencies and containing all essential elements does not prove on its own that the declared…