Czech Republic Dispute Resolution Country Profile

 

last Update 10 June 2011

 

Competent Authority 

for MNE and transfer pricing cases:

Mr. Michal Rohacek
Head of Direct Taxes International Cooperation Unit
General Financial Directorate
Lazarská 7, 117 22 Prague 1
Czech Republic
Tel: +42025704 4162
Fax: +42025704 3047
e-mail: michal.rohacek@ds.mfcr.cz

 

for cases withing the application of double taxation treaties:

Mr. Vaclav Zika
Deputy Director General of Income Tax Department
Head of Division of International Tax Relations
Ministry of Finance
Letenská 15, 118 10 Prague 1
Czech Republic
Tel: +42025704 3197
Fax: +4202 5704 4491
e-mail: Vaclav.Zika@mfcr.cz 

 Organization

for MNE and transfer pricing cases:
General Financial Directorate (Direct Taxes Department, Direct Taxes International Cooperation Unit)

 

for cases withing the application of double taxation treaties:
Ministry of Finance (Income Tax Department, Division for International Tax Relations)

Scope of MAP & MAP APA

Taxation not in accordance with the provisions of double tax treaties; interpretation and application of the DTA.

Negotiation of bilateral or multilateral APAs.   

Domestic guidelines & administrative arrangements

APA - Section 38nc of Act on Income Tax;

Guidance D-333, Communication by the Ministry of Finance in respect of binding ruling on the transfer pricing policy used in related party transactions.

Time for filing

In accordance with the relevant DTA provisions.

Form of request

A letter to the locally competent tax administrator (by the Czech taxpayer) or to the competent authority (by the other tax authority).

Documentation requirement

No special documentation requirement, but in accordance with the domestic tax law a person liable to tax must substantiate (i.e. provide documentary evidence of) all the facts which he/she is obliged to state in his/her tax return, supplementary tax return and other submissions or he/she must substantiate these facts when requested to do so by the tax administrator in the course of tax proceedings.

User fees

10 000 CZK for APA

Tax collection / penalty / interest

Collection by the local competent tax administrator.

Other dispute resolution mechanisms

The EU Arbitration Convention for transfer pricing cases.

Government Website

http://www.mfcr.cz
http://cds.mfcr.cz

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