From Judicature - the Supreme Administrative Court comments on the term “in connection with business operations” used throughout tax legislation

The tax authorities believed the assets were donated in connection with business and thus subject to income tax while the taxpayer disagreed and demanded that the assets be subject to donation tax, which, however, was not applicable since the assets were tax-exempt under the Donation Tax Act. The Supreme Administrative Court ruled that the term “in connection with business” must be interpreted as follows: there must be close relationship between the business operations and the acquisition (receipt) of the donation. The quoted provisions must be interpreted restrictively to distinguish the primary motive of business operations from ones lacking any business-oriented motivation (such as, typically, settling family affairs – as in the case in question). This case was dealt with similarly to the case decided by the Supreme Administrative Court in its judgment No. 2 Afs 23/2008 – 66 dated 28 August 2008.
Other articles
When too much prevention does more harm than good
At the end of 2025, the Supreme Court of the Czech Republic ruled that the preventive retention of traffic and location data under the Electronic Communications Act infringes the rights of the persons whose data is concerned.
KŠB Advises on the Establishment of FIDUROCK Retail Parks Fund SICAV
Kocián Šolc Balaštík advised Fidurock on the establishment of FIDUROCK Retail Parks Fund SICAV, an investment fund targeting qualified investors and focused on areal estate portfolio in the Czech Republic and Slovakia.
KŠB Announces Senior Appointments: Ivo Průša Named Partner; Dana Jacková, Jana Guričová and Ján Béreš Promoted to Counsel
Kocián Šolc Balaštík (KŠB) has recently made several senior appointments within its leadership team. Ivo Průša has been named Partner as of 1 January 2026, while Dana Jacková, Jana Guričová and Ján Béreš have been promoted to the position of Counsel.