Legal basis · Tax field audit

Czechia

stanovení daně podle pomůcek — determination of tax by aids

Findings at a glance

  • Traceability of the calculation
  • Completeness of the data basis
  • Requirements for counter-evidence
  • Burden of proof and its reversal

exceeded · met

Traceability of the calculationexceeded

The use of the procedure based on aids must be stated in the operative part of the decision.

CitationDaňový řád (280/2009 Sb.) § 98

What we provideEvery figure is traceable down to the individual document. The chain of calculation can be walked in both directions — from the result to the document and back.

Completeness of the data basisexceeded

Tax is determined by aids where it cannot be established by evidence — including without the cooperation of the taxpayer.

CitationDaňový řád § 98 Abs. 1

What we provideA full census across all accounts, suppliers and product groups. No sampling is used; 100 per cent is the upper limit and cannot be exceeded by any method.

Requirements for counter-evidenceexceeded

The authority must also take into account the circumstances from which advantages for the taxpayer arise — even where the taxpayer has not claimed them.

CitationDaňový řád § 98 Abs. 2

What we provideA closed system: purchasing, production, masses, unit counts, sales channel and revenue support one another. A single incorrect figure shows up against the others.

Further information — 1 axes

Burden of proof and its reversalmet

Determination by aids is subsidiary to determination by evidence.

CitationDaňový řád § 98 Abs. 1

What we provideThe evidence is prepared so that the reversal of the burden remains traceable and the counter-evidence engages with the calculation, not with the objection.

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