Articles

Be careful when attempting to optimise your tax. The tax administrator will make some considerations, but not many.


Act no. 80/2019 Coll. has added a seemingly banal paragraph to the Czech Tax Code which states that “any actions or other facts which are decisive for the administration of tax and whose primary objective involves the acquisition of tax advantages at odds with the sense and purpose of the tax regulation will not be taken into consideration during the tax administration.”

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The Joys and Sorrows of Family Businesses


A family business is generally considered to be a company that is owned and operated by a single family. The size of the company is not a factor. A family business could mean a small village shop just as much as a large, industrial holding company with international reach. Family businesses have specific attributes. Its members are hard-pressed to not discuss business matters or at least not see a member of their family also as a boss or colleague from work during family lunches, birthday parties, and other such events. With family businesses, therefore, emotions characteristic of family relationships necessarily find their way into the corporate environment, regardless of the fact that they seldom belong there.

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Reduction of value added tax (VAT) paid in the case of outstanding claims


On 8 May 2019, the Court of Justice delivered a preliminary ruling by the Supreme Administrative Court of the Czech Republic. The Supreme Administrative Court of the Czech Republic considered that the condition set out in Section 44 (3) of the VAT Act (in effect from 1 April 2019 in Section 46 (3) (h)), under which the debtor must be a taxpayer, if the payer wishes to make a correction, is contrary to Article 90 of Council Directive 2006/112/EC of 28 November 2006 on the Common System of Value Added Tax (the "Directive"). The Supreme Administrative Court of the Czech Republic found that this condition is inconsistent with EU law because it may prevent the correction of the tax base on the part of the creditor, without this being justified by the uncertainty as to whether the default is definitive.

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