Czech Republic: Liability of supply recipient | KPMG Global
Share with your friends

Czech Republic: Liability of supply recipient for unpaid VAT

Czech Republic: Liability of supply recipient

The Supreme Administrative Court specified the conditions when the recipient of a supply is liable for value added tax (VAT) that is not paid by the supplier. The high court held that a payment to a foreign account cannot automatically give rise to liability.


Related content

In this case, the regional court in Ostrava held that imposing liability for unpaid VAT on the recipient, when payment for the services was made to a foreign account, was contrary to EU law. The Supreme Administrative Court rejected the findings of the lower court, but provided more details as to what conditions of liability would be in conformity with EU law.

The high court observed that making a payment to a foreign account was legal and not unusual. Within the EU, these actions are protected by the concept of the free movement of capital. Foreign payments thus cannot be viewed as automatically establishing liability. Apart from the payment itself, the high court found that there must also be circumstance that the payer knew (or could have known) that the purpose of making the paying abroad was to avoid paying the tax. Under the Czech rules, the supplier remains the primary taxpayer, and the tax administration must show that there were attempts to collect the tax from the supplier (even if without success).

The Supreme Administrative Court concluded that the tax administration must prove that the conditions for liability have been met.  


Read a March 2018 report prepared by the KPMG member firm in the Czech Republic

The KPMG logo and name are trademarks of KPMG International. KPMG International is a Swiss cooperative that serves as a coordinating entity for a network of independent member firms. KPMG International provides no audit or other client services. Such services are provided solely by member firms in their respective geographic areas. KPMG International and its member firms are legally distinct and separate entities. They are not and nothing contained herein shall be construed to place these entities in the relationship of parents, subsidiaries, agents, partners, or joint venturers. No member firm has any authority (actual, apparent, implied or otherwise) to obligate or bind KPMG International or any member firm in any manner whatsoever. The information contained in herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation. For more information, contact KPMG's Federal Tax Legislative and Regulatory Services Group at: + 1 202 533 4366, 1801 K Street NW, Washington, DC 20006.

Connect with us


Request for proposal