In this issue we are bringing you a trio of interesting cases of the Supreme Administrative Court from the area of corporate income tax. In an article from the area of VAT, we will introduce you to a case of the Court of Justice of the European Union that is substantially changing the long-standing practice in triangular trade.
The Czech government has extended the validity of the act that provides taxation support for gifts provided in connection with the military conflict in Ukraine through 2023, as well. We summarised the conditions and possibilities for the deduction of these gifts in another interesting article.
In the final contribution, we point out the changes concerning the waiving of fines for not submitting a control statement and the waiving of tax sanctions.
We trust that our articles will be helpful and thought-provoking and we wish you a pleasant read.
As of 1 January 2023, Act No. 457/2022 Coll. (hereinafter referred to as the “Act”) amending Act No. 300/2008 Coll., on Electronic Acts and Authorised Document Conversion, as later amended, and other related laws, extends the circle of persons to whom data boxes are established automatically by law. Compared to the original legislative plan, data boxes (namely data boxes of the type “data box of a...
After a longer time, a court decision has appeared in the Czech Republic that is positive for the taxpayer as part of the issue of the tax deductibility of interest on an acquisition loan and the application of the institute of abuse of law. So far, however, this is only the decision of the regional court and the tax administration has filed a cassation appeal in the matter, which will therefore have...
In a recent court case, the Supreme Administrative Court (SAC) dealt with the payment of a profit share to a Cypriot company coming from a Czech company. The SAC came to the conclusion that the actual legal situation had been concealed, when the main purpose of the legal acts was the majority shareholder's intention to avoid taxation in the Czech Republic when paying the profit share. It thus agreed...
We are bringing the conclusions of the court case of the Supreme Administrative Court (hereinafter referred to as the “SAC”) in the area of the application the Section 24 (2) (zc) of Act No. 586/1992 Coll., on Income Taxes (hereinafter referred to as "ITA"), as amended by the end of 2014. In the considered case, the tax administrator assessed an additional tax and a penalty for the tax periods of...
In its recent decision C-247/21 Luxury Trust Automobil, the Court of Justice of the EU (‘CJEU’) expressed, somewhat surprisingly, the view that the correct content of invoices for triangular trade has a major impact on the possibility of applying this regime.
At its meeting in January 2023, the Government of the Czech Republic approved a proposal to extend the validity of measures in the field of taxation in connection with the military conflict on the territory of Ukraine caused by the invasion of the army of the Russian Federation. This measure was originally adopted by Act No. 128/2022 Coll., which indirectly amended the income Taxes Act and which originally...
The Financial Administration amended the conditions for the waiving of fines for not submitting a control statement and issued a new instruction concerning the general waiver of tax accessories.
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