National Repository of Grey Literature 1 records found  Search took 0.01 seconds. 
Demonstration of compliance with substantive legal conditions entitlement to VAT deduction in the NSS jurisprudence
Rambousek, Petr ; Boháč, Radim (advisor) ; Tuláček, Michal (referee)
v anglickém jazyce The aim of the thesis is to gain an insight into the Supreme Administrative Court's decision- making in disputes concerning the mutual position of tax subjects and tax administrators in tax proceedings when proving the right to VAT deduction. The method of the thesis is a content analysis of selected judgments of the Supreme Administrative Court. The thesis is divided into. The first three parts of the thesis serve primarily to introduce the reader to the issue and its specifics. In the next 5 parts, the expected inequality in the position of tax subjects against the tax administrator is gradually examined. The centre of gravity of the thesis is found in Part 5, which identifies the construction of the procedure for the removal of doubts as the main source of the impermissible inequality of position of the subjects in the tax proceedings. Parts 6 to 8 then deal with the sub-aspects of the unequal position and highlight the consequences of the construction of the procedure for the removal of doubts, which requires a very low level of evidential certainty for its functionality. While these sub-conclusions are not particularly problematic in isolation, taken together they create an untenable situation of unequal burden of proof between the tax authorities and the taxpayer. The...

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