27.8.2013
News

Burden of proof weighs heavily on tax subjects

Tax subjects in general must prove all facts that they are required to disclose in their tax returns, reports and statements or those that the tax administrator requests them to prove. 

This issue was ruled on by the Supreme Administrative Court dated 3 July 2013 in file No. 2 Afs 90/2012 – 57. The tax subject in this case purchased used cars from a supplier from another EU member state (France) and applied a special regime for used goods traders (in compliance with Section 90 of Act No.  235/2004, Coll., on Value Added Tax). During tax proceedings, the tax subject did not fulfill the burden of proof to evidence its right to apply the special regime and argued that it had submitted the relevant evidence during the proceedings at the Municipal Court. The Supreme Administrative Court stated, however, that the evidence submitted during the litigation could not be taken into account.

The ruling dealt with the already second cassation complaint in the case in question. The Supreme Administrative Court decided in favour of the first complaint and returned the proceedings to the Municipal Court.

Tax subjects should therefore pay due attention and care to tax proceedings and submit or propose evidence only during the proceedings, i.e. no later than during the course of an appeal against a tax administrator’s resolution.

Other articles

21.7.2026
News

KŠB Supports Smetana Litomyšl’s Charitable Grand Finale

The 68th annual Smetana Litomyšl Festival closed this year with the Grand Finale – Italian Film Night, which took place under the patronage of our law firm. The Czech Radio Symphony Orchestra, conducted by Tomáš Brauner, performed celebrated film music by Nino Rota, Luis Enrique Bacalov and Ennio Morricone in the second courtyard of Litomyšl Castle, which was also broadcast live on ČT Art and Czech Radio Vltava.

The 68th annual Smetana Litomyšl Festival closed this year with the Grand Finale – Italian Film Night, which took place under the patronage of our law firm. The Czech Radio Symphony Orchestra, conducted by Tomáš Brauner, performed celebrated film music by Nino Rota, Luis Enrique Bacalov and Ennio Morricone in the second courtyard of Litomyšl Castle, which was also broadcast live on ČT Art and Czech Radio Vltava.

10.7.2026
News

Jan Lasák Speaks at Balkan Legal Forum 2026

KŠB partner Jan Lasák took part as a panellist at this year’s Balkan Legal Forum 2026, one of the leading conferences focusing on the legal market in Central and South-Eastern Europe.

KŠB partner Jan Lasák took part as a panellist at this year’s Balkan Legal Forum 2026, one of the leading conferences focusing on the legal market in Central and South-Eastern Europe.

26.6.2026
News

KŠB Partner Tomáš Sequens Speaks at the “Law and the Environment” Conference

Organized by Česká justice and Ekonomický deník at Truhlárna Karlín in Prague, the “Law and the Environment” conference brought together representatives from the government, the business sector, the professional community, and the legal profession to discuss the current challenges related to environmental protection, decarbonization, and the regulatory framework for doing business.

Organized by Česká justice and Ekonomický deník at Truhlárna Karlín in Prague, the “Law and the Environment” conference brought together representatives from the government, the business sector, the professional community, and the legal profession to discuss the current challenges related to environmental protection, decarbonization, and the regulatory framework for doing business.