The Ministry of Finance is taking steps to address the value added tax (VAT) rules and to respond to a judgment of the Court of Justice of the European Union (CJEU).
In the first case (8 Afs 252/2016), a taxpayer was dispatching goods outside the EU. Believing that the delivery was not subject to VAT (because the goods were exported), the taxpayer did not remit VAT on the transactions. This treatment was challenged by the tax authorities, asserting that one precondition for a VAT-exempt sale was not satisfied because the goods had not been released into a customs regime as stipulated by law. The Supreme Administrative Court referred the case to the CJEU and asked whether the Czech VAT rules were in accordance with EU law. According to the CJEU’s judgment, entitlement to a VAT exemption cannot be conditioned upon releasing the goods into a certain customs regime, but instead it is sufficient that the taxpayer proved that the goods were actually delivered to a third country.
In response to this CJEU judgment, an amendment to the VAT law is being prepared (with an effective date proposed for 1 January 2020) to remove the precondition that the goods are released into a customs regime, and to replace that requirement with a measure that would allow for the possibility to prove entitlement to a VAT exemption on export by evidence other than a customs declaration.
In the second case (10 Afs 71/2016), the CJEU judgment concluded that a VAT-payer may correct the tax base if the debtor fails to pay, in full or in part, a disputed amount, even though the debtor ceased to be a VAT-payer. As for the second case, it is not yet clear what approach the Czech tax administration would take to bring Czech law into line with the EU directive. Read TaxNewsFlash
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