The Czech company, Goldfine, submitted a revised tax return lowering the taxable income for the year. The reason being that the German Parent had losses for the year.
The Supreme Administrative Court found that the burden of proof related to arm’s length transfer prices, under those circumstances rests with the taxpayer. Losses at the German parent company was not sufficient proof that transfer prices had been incorrect in the original tax return.
The Court ruled i favor of the tax administration.Czech vs Corp, 13 March 2013, Supreme Adm. Court, No. 1 Afs 99-2012