25.7.2014
News

Tax Aspects of Profit Share Advances

The Corporations Act has brought a lot of positive changes since January. Members of corporations certainly welcome the option to pay profit share advances on the basis of interim financial statements, provided the corporation clearly has enough to pay them and other legal conditions are fulfilled.

How are the advances taxed? Unfortunately, the amendment to the Income Tax Act (ITA) did not sufficiently address such changes and therefore certain situations will be problematic for taxpayers.

Although it is not expressly set forth by the ITA, the tax regime for paying a profit share advance is most likely identical to the regime for paying out profits. But trouble may occur if – in the period between the payment of the profit share advance and the moment of settlement – a member is changed, for example, if the corporation does not generate a sufficient level of profit or the general meeting does not approve the dividends payment. The ITA does not specifically cover such situations. Who is the taxpayer in this case? Can a corporation apply to have withheld tax returned? There are no clear answers. Therefore, the act will most likely have to be changed or a clear standpoint from the General Financial Directorate will be necessary.

Other articles

8.7.2025
News

Advising J&T on the preparation of another bond programme – the Europacity Berlin project.

KŠB provided legal advice to its long-standing client, the J&T group, in connection with the preparation of another bond programme, this time related to the Europacity Berlin project. Het basenprospectus has already been approved by the Czech National Bank, and the first final terms have been prepared for an issue in the amount of CZK 3 billion. The advisory team at KŠB included Josef Kříž, under the partner supervision of Martin Krejčí. Vlastimil Pihera.
7.7.2025
News

A Distinguished June Visit to KŠB: Gisela Bergmann, Princess of Liechtenstein

Before the start of the summer holidays, we had the honour of welcoming an exceptional guest to our Prague office – Gisela Bergmann, Princess of Liechtenstein, CEO and managing director of Industrie- und Finanzkontor Ets., a leading Liechtenstein-based trust company with a long tradition and extensive experience in protecting family wealth and values.
20.6.2025
News

KŠB advised the seller on the sale of mcePharma to the Brenntag Group

The KŠB team, consisting of Vlastimil Pihera, Jakub Porod, and Dominika Bazalová, provided legal advice to the seller, Mr. Ivan Mikeš, in connection with the sale of 100% of the shares in mcePharma to the international Brenntag Group, a global leader in the distribution of chemicals and ingredients.