Guidance on determining beneficial ownership
The Advocate General has recently presented her views on a number of cases pending before the Court of Justice of the EU and dealing with beneficial ownership and its interpretation for the purposes of the EU directives. These legal disputes usually…
CJEU: effect of subsequent modifications of transfer prices on customs value of goods
The Court of Justice of the European Union (CJEU) has issued its first ruling on the effect of subsequent adjustments to transfer prices on the customs value of goods imported to the EU. According to the judgement, even if a group’s transfer pricing…
EU Court of Justice rules in Deister Holding and Juhler Holding cases
At the end of 2017, the Court of Justice of the European Union (CJEU) issued a long-awaited judgment in the joined cases Deister Holding and Juhler Holding, concerning the application of the EU Parent-Subsidiary Directive and involving a dispute…
Latest news - March 2018
Last month’s tax and legal news in a few sentences.
Self-employed entitled to paid annual leave?
The Court of Justice of the EU provided a positive answer to a question raised by British courts whether self-employed persons are entitled to paid annual leave similarly as employees where their relationship in fact fulfils the criteria of…
Changes in VAT Act expected in 2019
The Ministry of Finance has submitted a draft amendment to the VAT Act with planned effectiveness from January 2019 for external comments. The amendment aims to comply with the duty to transpose new EU regulations into our legislation and to…
Schrems versus Facebook, take two
Maximilian Schrems, an Austrian citizen, has become known in connection with the CJEU’s ruling annulling the Commission’s decision that declared the USA a safe country to transfer personal data from the EU (‘Safe Harbour’). Now the Court of Justice…
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…
CJEU: Uber indeed a transport company
Uber’s activities should be regarded as transport activities and not as the mere mediation of services, according to the Court of Justice of the European Union (CJEU) and the opinion of the Advocate General. Uber should thus be considered a company…
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.
PSD2: Amendment to payment services regulations
An amendment to the Act on Payment Services, implementing PSD2, the Second Payment Services Directive, into the Czech legal system, was passed a few days ago. The amendment introduces important changes in the area of online payments.
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…