24.7.2008
News

Judicature by the Constitutional Court Applicable to Malice in Law

At the end of October 2007, the Constitutional Court denied a constitutional complaint against a decision by the Supreme Administrative Court and admitted that “malice in law” may be applied to tax issues.

The Constitutional Court ruled that although tax law did not use the term “malice in law”, this did not mean that malice in law or circumvention of law did not occur.

The case in question involved a family that established an association to support and develop sport, cultural and artistic activities of its members, better their education and protect the environment and animals. However, the association in fact funded common needs and interests of its members instead; no other use of funds was proven.

The court considered the following situation to constitute malice in law: the only members of the association were relatives who covered otherwise non-tax costs for their own needs via the association while such costs are not generally tax deductible. Therefore, the funds provided to the association could not have been deemed to constitute a “tax-deductible donation” pursuant to Section 15, subsection 8 of the Income Tax Act.

Other articles

2.6.2026
News

KŠB once again assists with ČEZ’s General Meeting

The KŠB team, consisting of Jana Guričová, Martin Kubík and Jan Lasák, led by Petr Kasík, provided legal support to ČEZ in connection with the preparation and conduct of its General Meeting.

The KŠB team, consisting of Jana Guričová, Martin Kubík and Jan Lasák, led by Petr Kasík, provided legal support to ČEZ in connection with the preparation and conduct of its Annual General Meeting.

2.6.2026
News

DNS – What Now Constitutes a Commonly Available Supply or Service

Professional literature has traditionally compared a dynamic purchasing system (DNS) to a standard online purchase. However, in its judgment No. 22 As 15/2025-65 of 12 May 2026, the Supreme Administrative Court significantly refined this understanding.

Professional literature has traditionally compared a dynamic purchasing system (DNS) to a standard online purchase. However, in its judgment No. 22 As 15/2025-65 of 12 May 2026, the Supreme Administrative Court significantly refined this understanding.

28.5.2026
Capital markets

KŠB Advised J&T IB and Capital Markets on the 3M FUND MSI SICAV Bond Program

Kocián Šolc Balaštík provided legal advice to J&T IB and Capital Markets, a.s. as the arranger in preparing the base prospectus for 3M FUND MSI SICAV a.s.’s bond program.

Kocián Šolc Balaštík provided legal advice to J&T IB and Capital Markets, a.s. as the arranger in preparing the base prospectus for 3M FUND MSI SICAV a.s.’s bond program.