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.

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KŠB’s litigation team, led by Pavel Dejl and Hana Dejlová, has achieved a significant victory for a long-standing client in a dispute with the Czech Ministry of Justice concerning excessively lengthy court proceedings.

KŠB’s litigation team, led by Pavel Dejl and Hana Dejlová, has achieved a significant victory for a long-standing client in a dispute with the Czech Ministry of Justice concerning excessively lengthy court proceedings.

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KŠB at EMUN’s Investment Outlook 2026 Conference in Prague

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Kocián Šolc Balaštík (KŠB) continues its active cooperation with key partners in the investment and financial sectors, most recently as a partner of EMUN’s Investment Outlook 2026 conference.

22.1.2026
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KŠB advises the National Development Bank on the integration of the Czech Export Bank

KŠB poskytla právní poradenství Národní rozvojové bance, a.s. v souvislosti s integrací České exportní banky, a.s., do skupiny NRB.

KŠB advised the National Development Bank (Národní rozvojová banka, a.s.) on the integration of the Czech Export Bank (Česká exportní banka, a.s.) into the NRB group.