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
KŠB recognised as a Law Firm of the Future for 2026/2027
KŠB hasreceived legalweb’s Law Firm of the Future 2026/2027 certification, whichwas presented to the firm at a ceremony that brought together the legalweb community. The initiative explores how law firms are responding to a changing legal market, adopting new technologies and adapting their services to clients’ needs.
KSB Presents Key Digital Obligations for 2026 at Business Breakfast in Ostrava
On 24 September 2026, Kocián Šolc Baláštík (KSB), in cooperation with the Regional Chamber of Commerce of the Moravian-Silesian Region, hosted a business breakfast under the title "Digital Obligations 2026: Cybersecurity, E-commerce and Accessibility Under the Microscope". The event was held at Futureum in the Dolní Vítkovice area of Ostrava.
KŠB advises J&T Banka, Unicredit, PPF Banka, Česká spořitelna and Komerční banka on the next phase of EMMA Capital's bond programme
KŠB is continuing its previous legal advisory work for J&T, Unicredit and Česká spořitelna on the bond programme of the investment group EMMA Capital, which is recording strong investor interest on the market again in the second half of the year.