Czech Republic: MoF issues a paper on anti-tax avoidance rules

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The Finance Ministry published on its website a discussion paper regarding the implementation of EU Anti-Tax Avoidance Directive on 12th of July 2016. The directive mainly states new rules for interest deduction restrictions and similar expenses for all corporate income tax payers, specifically when tax deductibility is to be restricted by 30 per cent as proposed by EBITDA. Announcing the controlled foreign companies (CFC) rules should also be new to the Czech tax environment. The CFC rules requires that a domestic company should contain in its tax base passive income or income from the so-called artificial transactions of a foreign subsidiary given that its tax burden is less than half of the tax. So that, it would be responsible to pay as a tax resident of the Czech Republic. Other rules, containing those for CFC rules, exit taxation, and hybrid mismatches will be implemented in the scope proposed by the directive, with no exceptions. Misusing hybrid mismatches means taking advantage of tax benefits arising from a circumstances where two countries have different methods to financial instruments. This relates to, for example, a failure to recognize a permanent establishment, such as when one country considers the economic activities of an entity as meeting the definition of a permanent establishment of the entity in another country but the permanent establishment has not been created in that country or other situations resulting in double non-taxation of activities or payments. The Czech Republic will perhaps not apply the general anti-avoidance rule (GAAR) with reference to the existing administrative and judicial practice. The deadline for implementing this directive falls on 31st of December 2018. The exception is for exit tax that must be implemented by 31st of December 2019.

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