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Current legal topics and practical advice from experts.

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Tax Control and the Most Common Deficiencies in Transfer Pricing
Tax Control and the Most Common Deficiencies in Transfer Pricing

The general course of tax control is regulated in § 44 to § 47 of Act No. 563/2009 Coll. on Tax Administration (Tax Code) and on amendments to certain laws. The purpose of tax control is to examine taxpayer procedures in setting transfer prices, i.e., whether they chose an appropriate transfer method, have sufficient documentation for verified transactions, can transparently provide explanations for individual cases, chose the correct basis for comparability analysis, and can adequately demonstrate the application of the arm's length principle in related party transactions carried out in the given tax period.

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Tax Law
Selected Case Law in Transfer Pricing
Selected Case Law in Transfer Pricing

Transfer pricing issues are a dynamically developing area, and it could be said that its legal regulation is insufficient and ambiguous, which is also reflected in different views on it from the perspective of the tax administrator and the taxpayer. In practice, this often results in additional tax assessments for the taxpayer and subsequent court disputes. For the purposes of this article, we will focus on different perspectives regarding the transfer method used, legal binding of transfer pricing guidelines, and burden of proof.

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Court Practice
When Is It Possible to Set Off Claims
When Is It Possible to Set Off Claims

The extinction of claims by set-off represents a form of cashless settlement between debtor and creditor, where no real performance occurs between them, which undoubtedly brings cost savings that these parties would otherwise have to incur. It could be said that this is a form of substitute performance of the obligation to the creditor, which satisfies their claim. Given the relative simplicity and efficiency of fulfilling obligations in this way, this is a frequently used institute in practice.

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Commercial Law

LegisPro Law Firm

The LegisPro law firm provides legal services in the Slovak Republic for domestic and foreign clients. We specialize in supporting and implementing new green field projects as well as optimizing solutions for existing processes and structures. A significant part of our agenda represents ​​financial law and corporate finance. In addition, we also provide wide scope services in GDPR, COMMERCIAL LAW, LITIGATIONS and CRIMINAL LAW.

JUDr. Ing. Jozef Kubaský – Founding Partner

Advocate and economist. Graduate of the Faculty of Law of Comenius University in Bratislava and the Faculty of Economics and Management of the Slovak Agricultural University in Nitra. I have 18 years of experience working for international corporations. I specialize in green field projects, creating new structures or reallocating existing structures of foreign companies to Slovak Republic. My domain are mainly start-ups, green fields, optimization solutions, financial and commercial law. I speak French, English and German.

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