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To Change The Code. The Calculation Of The Entitlement To Tax Refund From Mineral Oils

Original Language Title: změna vyhl. o výpočtu nároku na vrácení daně z minerálních olejů

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361/2015 Sb.



The DECREE



of 17 December. December 2015



amending Decree No. 202/2014 Coll. on the method of calculating entitlement to

tax refund from mineral oils in the prices paid for some of the

mineral oils consumed in the agricultural primary production and how and

the conditions of keeping the documents and records of related



The Ministry of agriculture lays down pursuant to § 139 paragraph. 3 of the Act No. 353/2003

Coll. on the excise tax, as amended by Act No. 201/2014 Coll., to implement the

section 57 paragraph. 13:



Article. (I)



In the Decree No. 202/2014 Coll. on the method of calculating the entitlement to the refund of

mineral oils in the prices paid for some mineral oils

consumed in the agricultural primary production and the way and conditions management

documents and evidence related to section 1 title, including:



"section 1



The method of calculating the entitlement to tax refund from mineral oils



Entitled to a tax refund from mineral oils shall be calculated according to the formula:



and) for mineral oil listed in section 45, paragraph. 1 (a). (b)) or section 45, paragraph.

2 (a). (j)) of the law on excise duties



A = B × (C/1000) x 0.4,

where

A = entitled to tax refunds,

(B) = the quantity of mineral oil in litres demonstrably

consumed in a tax period

in primary agricultural production,

(C) = valid tax rate according to the law on excise duties

taxes on sales,



(b)) for the mineral oil listed in section 45, paragraph. 2 (a). (c)) of the law on

excise tax



A = B x 4.38,

where

A = entitled to tax refunds,

(B) = the quantity of mineral oil in litres demonstrably

consumed in a tax period

in primary agricultural production,

4.38 = tax amount corresponding tax rate

for these mineral oils of 9.265

CZK/l after the exclusion of tax rate attributable

on the co-mingled biofuel in the amount of Czk/1.6 l

multiplied by the coefficient 0.5714,



(c)) for mineral oil listed in section 45, paragraph. 1 (a). (b)) of the law on

excise tax



A = B x 4.38,

where

A = entitled to tax refunds,

(B) = the quantity of mineral oil in litres demonstrably

consumed in a tax period

in primary agricultural production,

4.38 = tax amount corresponding tax rate

for these mineral oils of 10.95 €/l

multiplied by the coefficient 0.4,



(d)) for mineral oil listed in section 45, paragraph. 2 (a). (j)) of the law on

excise tax



A = B x 4.38,

where

A = entitled to tax refunds,

(B) = the quantity of mineral oil in litres demonstrably

consumed in a tax period

in primary agricultural production,

4.38 = tax amount corresponding tax rate

for these mineral oils of 10.95 €/l

After the exclusion of the tax rates on

incorporated biofuel in the amount of Czk 0.767/l multiplied by the

the coefficient 0.4301,



(e)) for mineral oil listed in section 45, paragraph. 2 (a). (c)) of the law on

excise tax



A = B x 4.38,

where

A = entitled to tax refunds,

(B) = the quantity of mineral oil in litres demonstrably

consumed in a tax period

in primary agricultural production,

4.38 = tax amount corresponding tax rate

for these mineral oils in the amount of Usd 9.265/l

After the exclusion of the tax rates on

incorporated biofuel in the amount of Czk 1.6/l multiplied by the

the coefficient 0.5714,



(f)) for mineral oil listed in section 45, paragraph. 2 (a). (c)) of the law on

excise tax



A = B x 4.38,



where

A = entitled to tax refunds,

(B) = the quantity of mineral oil in litres demonstrably

consumed in a tax period

in primary agricultural production,

4.38 = tax amount corresponding tax rate

for these mineral oils in the amount of $ 8.515/l

After the exclusion of the tax rates on

incorporated biofuel in the amount of Czk/0.850 l multiplied by the

a coefficient of 0,5714. ".



Article. (II)



The effectiveness of the



This Decree shall take effect on 1 January 2005. January 2016, with the exception of the

the provisions of the article. I § 1 (b). (c)), d) and (e)), which shall take effect on the date

on July 1, 2016, and with the exception of the provisions of the article. I § 1 (b). (f)), which

shall take effect on 1 January 2005. July 2017. The provisions of the article. I § 1 (b). and) and

(b) shall cease to be in force on 30 September). June 2016 and the provisions of the article. I, § 1

(a). e) expires on 30. June 2017.



Minister:



Ing. Abdoul in r.