Mgr. ANNA VEJMELKOVÁ, advokát

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How to File an Administrative Lawsuit Against a Tax Decision in the Czech Republic

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Have you received an unpleasant decision from the Czech tax authority and feel it’s unfair? Maybe you filed an appeal, but the superior authority didn’t help either. In such cases, you have one final option – go to court. But how does this work? What are the risks? And when is there actually a chance the court might overturn the decision?

Want to learn more about tax proceedings? We wrote about it here.

Administrative lawsuits against tax authority decisions, tax litigation in the Czech Republic, court appeals in tax cases – these are common search phrases when taxpayers face negative rulings. A judicial review of tax administration decisions is a complex but powerful tool. If used correctly, it can save you a substantial amount of money.

What you’ll learn in this article:

  • When you can challenge a tax authority’s decision in court

  • What a proper administrative lawsuit must include

  • The most common mistakes that lead to failure

  • How regional courts differ from the Supreme Administrative Court

  • Why working with a legal professional is critical


Legal overview

If your appeal is unsuccessful, you can file a lawsuit under the Czech Code of Administrative Justice (§ 65 et seq.). The deadline is 2 months from the delivery of the decision on your appeal. The court will review whether the tax authority applied the law correctly, interpreted it properly, and respected your procedural rights.

⚠️ Be careful – the court does not reassess the facts of the case as a civil court would. Instead, it focuses on legal and procedural errors. That’s why your legal reasoning and argumentation are key.


Real example from practice

My client – a small business owner – received a tax assessment despite having submitted invoices and bank statements. The authority claimed her services were “not proven to be real.” After the appeal was denied, we filed a lawsuit emphasizing the improper evaluation of evidence. The court found that the decision violated the principle of free evaluation of evidence and ordered a new hearing.


Risks and common mistakes

  • Missed deadline – the 2-month period is strict. Being late by even a single day can ruin your case.

  • Formal errors – wrong identification of parties or lack of legal grounds may lead to rejection of the lawsuit.

  • Weak argumentation – courts won’t investigate on your behalf. You must explain clearly what was wrong and why.


Lawyer’s recommendation

An administrative lawsuit is a legal action that directly affects your chances of success. You can’t simply say “I disagree” – you must refer to specific laws, explain procedural violations, and propose legal remedies. If you want to challenge a tax decision successfully, I strongly recommend working with a lawyer who has experience in administrative courts.

Don’t let the deadline pass – a lawsuit may be your last opportunity to change the outcome. I offer quick assessment of your case for a fixed price, tailored complaint drafting, and full court representation if needed. A dispute with the tax authority doesn’t have to end there. Let’s take it to court – before it’s too late.

Contact a legal professional – I specialize in tax law.
Learn more here.

Where do I provide legal services?
I help clients across Prague, Central Bohemia, and South Bohemia. Here are a few selected locations:

🔹 Lawyer Prague 1
🔹 Lawyer Prague 6
🔹 Lawyer Příbram
🔹 Lawyer Nymburk
🔹 Lawyer České Budějovice

👉 See all locations here:
https://www.vejmelkova.cz/en/how-to-find-your-czech-lawyer/

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