Tax Newsletter - Archive
Forvis Mazars Tax View - archive of tax articles
The payment of a profit share concealed by the sale of shares
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 with the conclusions of the tax administrator, which assessed an additional withholding tax that was supposed to have been withheld when the profit share was paid to a natural person, the beneficial owner of the income.
Tax deductibility of interest on an acquisition loan – abuse of law
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 to be assessed by the Supreme Administrative Court.
The effects of automatic data boxes from January 2023
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 natural person”) are not legally established by law for the persons not performing business activity. Nevertheless, such persons may have a data box of a natural person established based on the request.
Discount on social security contributions for part-time employees
On 1 February 2023, Act No. 216/2022 Coll., amending Act No. 589/1992 Coll., on Social Security Premiums and the Contribution to the State Employment Policy, will come into effect, which will allow employers to apply a discount on premiums for selected employees in part-time employment or service. The aim of the amendment is to motivate employers to create part-time contracts for people who are usually unable to work full-time and can thus be at a disadvantage on the labour market.
Waiver of a fine for the non-notification of exempted income
Taxpayers - natural persons are obliged, in accordance with the provisions of the Income Tax Act (hereinafter referred to as the “ITA”), to notify the tax administrator of the receipt of income exempt from this tax if the individual income exceeds CZK 5,000,000. Only income that the tax administrators can obtain from registers or records available to them (e.g., exempt income from the sale of a family house) does not need to be reported.
DAC 7 – digital platforms and sellers
In mid-November the president signed the amendment to Act No. 164/2013 Coll., on International Cooperation in Tax Administration, implementing the Council Directive (EU) on administrative cooperation in the field of taxation, i.e., the DAC 7 Directive, which introduces a new scope of the automatic exchange of information, effective from 1.1.2023.
Stricter conditions for demonstrating the right to a deduction?
In one of our previous articles, we informed you about tax and court proceedings concerning the additional assessment of VAT in the event that it is not possible to identify the actual supplier and customer by means of evidence, which is, contrary to general understanding, quite common in practice. If it is not possible to identify the actual supplier and the customer, it is not possible to demonstrate the fulfilment of the substantive conditions, for example, for
Changes to the Value Added Tax Act
The amendment to the Value Added Tax Act (hereinafter referred to as the “Amendment”) will come into effect on 1 January 2023. Below you can find summary of the main changes.
Windfall tax
It enters into force on January 1, 2023 the amendment to the Income Tax Act to introduce a new type of corporate income tax for the calendar years 2023 to 2025, namely a tax on unexpected earnings (commonly referred to as an extraordinary tax, war tax or windfall tax). The administrator of this separate corporate income tax should be the Specialised Tax Office, but in the case of the energy sector, proposals are also made for the administration of the tax to be entrusted to the Energy Regulatory Office.
CEE Tax & Payroll Newsletter 3/2022
Get a better overview of the most important changes in tax, labour, and payroll legislation in the CEE region.