Czech Republic Amending VAT Laws After CJEU Ruling

The Czech Republic is preparing to amend its value-added tax law after the Court of Justice of the European Union ruled against it in a case of a Czech taxpayer who avoided paying taxes on an export, according to a Sept. 12 post from KPMG. In the case, the taxpayer did not believe the transaction was subject to VAT “because the goods were exported,” the post said. Czech authorities challenged this assertion, saying the taxpayer did not satisfy the precondition for a VAT-exempt sale, which requires the export to be “released into a customs regime” to meet exemption status. The CJEU ruled that “entitlement to a VAT exemption cannot be conditioned upon releasing the goods into a certain customs regime, but instead it is sufficient that the taxpayer proved that the goods were actually delivered to a third country.” In response, the Czech Republic is preparing to include in its VAT laws “a measure that would allow for the possibility to prove entitlement to a VAT exemption on export by evidence other than a customs declaration.”