Abstract

In its judgment of 8 October 2019, ref. no II FSK 872/19 the Supreme Administrative Court requalified tax consequences of ­transaction from donation of shares to their disposal. The Court referred to the rule that allows the authorities to interpret civil law arrangements on their substance and to disregard transactions that were put in place to hide the real transaction. In the article, the judgment is ­commented in the context of other court rulings that tend to present a different view. Also, it is noted that the Court has applied a very flexible interpretation of the rules of procedure on admissibility of challenge that was not directly brought in the appeal.