11.9.2009
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News
From Judicature - the Supreme Administrative Court explained in its decision No. 2 Afs 46/2008 – 48, dated 31 July 2009, the difference between a natural person and a legal entity in cases where the tax administrator imposes a fine on the executive
Based on the Supreme Administrative Court's (SAC) opinion, the fine cannot be imposed on the executive as a natural person but should be imposed directly on the legal entity on behalf of which the executive acts.
Therefore the tax administrator makes a mistake if he or she imposes a fine as a sanction of a strictly personal nature since the duty was actually infringed by the legal entity as the tax entity. Such decision is in compliance with previous judicature of the SAC (No. 2 Afs 45/2005-50 dated 9 March 2006), by which the legal entity may be summoned pursuant to Section 29 Act of Administration of Taxes and Fees. With respect to the nature of legal entities, it is obvious that a natural person shall appear on behalf of the summoned legal entity. Both quoted decisions are available on the SAC’s web site (www.nssoud.cz).
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