105/2016 Sb.



LAW



of 16 December 2002. March 2016,



amending certain laws in the area of international cooperation in the

the administration of taxes and repealed the Act 330/2014 Coll., on Exchange of information on

financial accounts with the United States for the purposes of tax administration



Parliament has passed the following Act of the United States:



PART THE FIRST



Amendment of the Act on international cooperation in tax administration



Article. (I)



Act 164/2013 Coll., on international cooperation in the administration of taxes and

changing other related laws, as amended by the legal measures of the Senate

No. 344/2013 Coll., is amended as follows:



1. in footnote 1 at the end of the text, the words ", in

amended by Council directive 2014/107/EU ".



2. In article 8, paragraph 1, the following paragraph 2 is added:



"(2) the tax administrator in the automatic exchange of information reported

financial institutions is specialized to the tax office. ".



Paragraphs 2 and 3 shall become paragraphs 3 and 4.



3. in title III of part one part 2 above section 13 added section 1

that including the title reads as follows:



"Section 1



Automatic exchange of information by type of income and assets ".



4. In § 13 para. 1 the introductory part, the words ' in accordance with the provisions of the kinds of income

or property "shall be deleted.



5. In § 13 para. 1, at the beginning of subparagraph (a)), the words "in accordance with the

income or assets ".



6. In footnote No. 2, at the end of the text, the words ", in

amended by Council directive 2014/107/EU ".



7. In § 13 para. 6, the words "or income or asset not exceeding

a certain amount of ' shall be deleted.



8. under the first title III Part 2, section 1, the following sections 2

and 3, including the following titles:



"Section 2



Automatic exchange of information reported by financial institutions



Subsection 1



General provisions



§ 13a



Introductory provisions



The central liaison office regularly provides the focal point of another

State information regarding persons in another State shall be subject

tax obligations and for which information is reported to the financial

institutions.



§ 13b



The concepts of



(1) if the term is used in this section shall be determined in the case of automatic

the exchange of information



and) with another Member State in the annex No. 1 to this Act, has always

the importance of the provisions of this annex,



(b) a Contracting State of the Convention) on mutual administrative assistance in tax

matters in annex 1 to this Act, has the meaning given that

the annex, if between a Contracting State and the Czech Republic is not

the applicable bilateral international agreement regulating the automatic

the exchange of information reported by financial institutions,



(c)), a Contracting State in international agreement, has the meaning given that

International Treaty, even though it is defined in this section; If the contract

does not define the terms, has the meaning given in the annex No. 1 to this Act.



(2) a list of the Contracting States referred to in paragraph 1 (b). (b)), and (c)) shall

the Ministry in a way allowing remote access.



§ 13 c



Announcing the Czech financial institutions



(1) that States the Czech financial institution means any financial institution in the

Czech Republic other than those referred in paragraph 2.



(2) Neoznamující the Czech financial institutions means



and) financial institutions in the Czech Republic, which is the neoznamující financial

institutions referred to in article (B) of annex 1 to this Act, or



(b)) a legal person or unit without legal personality, which is low

the risk that it will be threatened by the correct findings and

the determination of the tax or the payment of security.



(3) the financial institution in the State or jurisdiction means the financial

institution that is



and a resident of this State or) jurisdiction, in addition to any

the branch, which is located outside the territory of that State or jurisdiction, or



(b)) a branch of a financial institution that is not a resident of that State, or

jurisdiction where the branch is located in this State or

jurisdiction.



(4) a list of the neoznamujících of Czech financial institutions referred to in paragraph 2

(a). (b)) provides for the Ministry by Decree and shall notify it to the European Commission.

The Ministry shall inform the European Commission about the changes in the list of

will occur.



section 13d



A device account



(1) of such account shall mean a financial account that States the Czech

financial institutions held by the person to be notified or passive non-financial

entity whose controlling person is notified by the person found by

due diligence procedures or other comparable procedures set out in

Annex 2 to this Act.



(2) the controlling person means, in the case of



and legal entities) the beneficial owner under the law governing measures

against the legalization of proceeds from crime and the financing of terrorism,



b) Trust Fund founder, trustee, the person exercising the

supervision of the management of the Fund, beneficiaries or other natural person having

the highest de facto control over the Trust Fund,



(c)) other units without legal personality than the trust fund the person in

equivalent or similar position as a controlling person of the trust

the Fund.



(3) Passive non-financial entity means



and non-financial) an entity that is not an active non-financial entity by

Article D of annex 1 to this Act, or



(b)) investment entity referred to in article and section 4 (b). (b)) Annex 1 to

This law, which is not a financial institution in a participating State;



(c)) non-financial entity means a legal person or unit without

legal personality, that is not a financial institution.



(4) for the purposes of automatic exchange of information with another State, vyňatým

account means the account, which is a low risk that his

through the correct findings will be at risk and the determination of the tax or

security of payment and has very similar characteristics as those of any of the

set aside in the accounts referred to in point 17 (a) of article (C). a) to (f) of Annex No. 1)

to this Act.



(5) the list of exempt accounts referred to in paragraph 5 provides for the Ministry of

by Decree and shall notify it to the European Commission. Department of the European Commission

inform about the changes that will occur in the list.



§ 13e



Notifiable person



(1) the notified person means a person from a participating State, that

It is not



and) joint-stock company whose shares are regularly traded on the

a regulated market of securities,



(b)) business corporations, which is a linked entity joint-stock company

According to subparagraph (a)),



(c) the governmental entity),



(d) international organisations)



(e)), the Central Bank, or



f) financial institution.



(2) a person from a participating State means the



and) means a natural person, legal person or unit without legal personality,

which is a resident of a participating State,



b) unit without legal personality other than the Trust Fund, which is not

a resident of any State or jurisdiction, if in this participating

the State has a place of its leadership, or



(c) after the deceased's estate) who was a resident of a participating

State.



(3) the participating State means the



a) another Member State,



(b)) a Contracting State with which the Czech Republic has concluded international

the contract can be automatically exchanged with that State

information to be notified financial institutions, or



c) Contracting State with which the European Union has concluded an international agreement,

on the basis of the information notified can be exchanged financial

institutions, and that is listed on the list published by the European Commission.



(4) a resident of the State or jurisdiction means the person or entity without

legal personality, which, according to the laws of that State, or

jurisdiction is subject to jurisdiction in that State or of taxation by reason of their

residence, residence, registered office or permanent place of leadership.



(5) for the purposes of automatic exchange of information with the United States

America means



and the person to be notified is specified) an American person,



(b) a resident of the State or jurisdiction) resident under a contract between the Czech

Republic and the United States of America for the avoidance of double taxation and

Prevention of fiscal evasion with respect to taxes on income and property.



(6) a list of the Contracting States referred to in paragraph 3 (b). (b)) shall notify the

Department of the European Commission.



section 13f



Procedural status of financial institutions



Announcing the Czech financial institutions and the United neoznamující the financial

institutions have for the purposes of this law, the procedural status of the tax

entity.



§ 13 g



Scan



(1) that States the Czech financial institutions examines whether in the calendar

year leads, a device account.



(2) that States the Czech financial institution uses to check in

the case of the



and) another Member State always due diligence procedures referred to in annex

No 2 to this Act or stricter procedures, the use of which this

Annex allows



(b)) a Contracting State Convention on mutual administrative assistance in tax

matters of due diligence procedures referred to in annex 2 to this

the law or stricter procedures, the use of which this annex allows

If between a Contracting State and the Czech Republic is not applicable

the international treaty governing the automatic exchange of information

the reported financial institutions,



c) Contracting State due diligence procedures under international treaties or

other comparable procedures, the use of the international treaty;


If the contract does not include the due diligence procedures, the procedures

care referred to in annex 2 to this Act or more stringent

procedures, the use of which this annex allows.



(3) that States the Czech financial institution shall notify the use of other

comparable or more stringent procedures referred to in paragraph 2, the tax administrators.



(4) for the purposes of the examination referred to in annex 2 to this Act is against the

State or jurisdiction that were participating State to 31.

December 2015, decisive day means 31. December 2015; in the other

cases, the reference date means 31. December of the year in which the

This State becomes a participating State.



(5) the list of applicable days referred to in paragraph 4 shall be published by the Ministry of

manner allowing remote access.



§ 13 h



Discovery



(1) Notifying United financial institution detects data on notified

account per calendar year.



(2) that States the Czech financial institutions in the detection of

Similarly, as when examining the procedures of appropriate care, other

comparable procedures or stricter procedures.



(3) the information shall be notified of the account whose owner is the



and the person being notified)



(b)) a legal person or unit without legal personality, whose

a controlling person is notified by the person.



(4) the Survey data on the notified account are



and the name or designation) of the account holder,



(b) the date and place of birth) of the account holder,



(c) permanent address) or another residence or address of the registered office of the owner

account and



(d)) tax identification number or a similar number of the account holder

used for fiscal purposes in the State where he is resident, and code

of that State.



(5) the data referred to in paragraph 4 shall be measured even with the controlling entity in accordance with

paragraph 3 (b). (b)).



§ 13i



Synergy



(1) the account holder shall provide that States the Czech financial institution or

neoznamující Czech financial institution the necessary synergies when

screening and detection.



(2) the Cooperation referred to in paragraph 1 shall provide the controlling person and the owner of the

account.



section 13j



Retention of documents



Announcing the Czech financial institution is obliged to keep the documents

regarding the screening and discovery, after a period of 10 years from the end of

calendar year for which they are notified and reviewed data on accounts

they collected.



§ 13 k



Notification



(1) Notifying United financial institution that runs in a calendar year

a device account, the tax administration shall submit a notice stating



and) identification number if it has been assigned in accordance with the international

in the Treaty,



(b)), its name or designation, the identification number of the person under the Act

governing the State statistical service,



(c) information received by the notified) account,



(d) the unique identifier of the notified account),



(e) the notified account balance), or the value of the account at the end of

calendar year, or if it was in this period of this account is cancelled,

information about its cancellation; in the case of an insurance contract with a capital

value or a contract of insurance the pension capital value or also

the value of the surrender value,



(f)) for schovatelského account



1. the total gross amount of the interest, the total gross amount of the dividends and the total

the gross amount of other income resulting from the funds in this account

paid or credited to the account during the calendar year,



2. total gross proceeds from the sale or redemption of the financial

the property paid or credited to this account during a calendar

year, when announcing the Czech financial institutions acted as

schovatelský Manager, broker, agent or other representative of the owner

This account,



(g)) in custody account the total gross amount of the interest paid or

paid on this account during the calendar year,



(h)) on the account not covered by sub-paragraph f) or (g)) the total gross amount

paid or credited to its owner in connection with this account in

during a calendar year, when announcing the Czech financial institutions

at the party, or the debtor, including the total amount paid

the owner of this account for any redemption during a calendar

of the year,



I) additional information under international treaties or annexes to this Act,



j) Declaration that when examining a properly applied the due diligence procedures,

other equivalent or more stringent procedures.



(2) if the screening shows that notifying the Czech financial institutions

in the calendar year does not lead any notified account, it shall notify the

tax administrators.



(3) if the neoznamující Czech financial institution that is a Government

entity, an international organisation or the Czech National Bank, as

entrepreneur activity of the same species, which carry out financial institution,

serves as regards this business, the notification referred to in paragraph 1.



§ 13 l



The deadline for the submission of notifications



Notification shall be given to the 30. June of the calendar year following the

calendar year for which it is given.



§ 13 m



Method of notification



(1) notification shall be a data message



a) signed by the recognized electronic signature or



(b)) with a verified identity that way, you can sign in to

the data boxes.



(2) the format and structure of a data message shall be published by the tax administrator in a manner

allowing remote access.



§ 13n



The fine



(1) the tax administrator may, stating that the Czech financial institution or

neoznamující Czech financial institution to impose a fine for failure to comply with

the obligations of the non-monetary nature as well, if the breach of an obligation



and) in examining,



(b)) in determining



c) keep supporting documents relating to examination and discovery,



(d)) to obtain the identification number,



e) when informing or publication.



(2) the tax administrator may, stating that the Czech financial institution or

neoznamující Czech financial institution to impose a fine of 500

EUR, if the breach of an obligation for notification.



§ 80



How to tax the transfer of information



The tax information obtained on the basis of a submitted notification passes

Central Liaison Office of.



§ 13 p



How a central contact authority in the transmission of information



(1) the central liaison office shall transmit the information received from the tax authorities

the contact point of the Member State or to the contact point of the contractual

State with which the contract is concluded shall be applicable for the international

automatic exchange of information reported by financial institutions, to

30 September of the calendar year following the calendar year for which

they have been notified.



(2) a list of the Contracting States referred to in paragraph 1 shall be published by the Ministry of

manner allowing remote access.



Subsection 2



Special provisions concerning the automatic exchange of information reported

financial institutions in the United States of America



§ 13q



Identification number of the



(1) Notifying United financial institution will ask the contact point

The United States on the allocation of an identification number.



(2) Neoznamující the Czech financial institutions, which leads a device account

requests the focal point of the United States on the allocation of

the identification number, if it is to be allocated by the international

of the Treaty.



(3) the financial institution asks for an identification number so that it won

no later than the day preceding the day on which the tax is to

the notification.



(4) a financial institution shall notify the tax identification number to 15

days from the date of allocation.



§ 13r



Not participating in the financial institutions



(1) that States the Czech financial institutions further examines whether in the

the calendar year of the account, the owner of which is not participating in the financial

of the institution.



(2) that States the Czech financial institutions in a given calendar year

the account is the owner of which is not participating in the financial institution, shall notify the

This fact to the tax authorities.



(3) that States the Czech financial institutions not participating in the financial

institution or arrange payment of the remitted to the resources on the territory of the

United States of America



and,) will provide from whom the payment was received, the information necessary for

notification related to this payment and the chamfer of the tax of the United States

America under international treaties, or



(b) the amount corresponding to the tax will drive down) of the United States according to the

the international treaty, if it is committed against that State, and

send it to that State.



Section 3



Common provisions for the automatic exchange of information



§ 13s



Information and publicity



(1) Notifying United financial institution shall inform the person to be notified

that is a natural person, about how it will be collected and

transmitted data, before taking the first notification of tax administrators

containing information about this person, so that this person could exercise their

the right to protection of personal data.



(2) in the case of a breach of the security of information relating to the notified

person, which obviously will have an impact on the protection of personal data or

the privacy of the person being notified, it shall inform the



and Czech financial institutions) to indicate if the security breach

an error occurred when processing the data or their transmission to the tax authorities, or



(b)) the central liaison office in the other cases.




(3) that States the Czech financial institutions shall notify security breaches

referred to in paragraph 2 also central liaison office of.



(4) Notifying United financial institutions shall publish in a manner allowing

remote access, or in any other way, that applies



and due diligence procedures) for new accounts also on previously existing accounts,



(b) procedures for due diligence) accounts with high value also to accounts with

the lower the value, the



(c) procedures for due diligence) also for previously existing entities whose accounts

the value of the decisive day does not exceed the amount equivalent to us $250 000

or



(d)) other comparable or more stringent procedures under international treaties.



§ 13t



How a central contact Office when receiving information



The central liaison office receives and uses information from the contact

the place of another State. ".



9. In § 25 para. 6, the words "on the basis of mutual agreement between the institutions"

replaced by the words "fixed by mutual agreement of the authorities" and after the word

"States" is added after the word "particularly".



10. in section 29 para. 1 the words "central liaison office" shall be replaced by

"The Ministry", the words "the focal point of another State" shall be replaced by

the words "another State" and at the end of the paragraph, the following sentence "method

the implementation of broader international cooperation, negotiate central liaison office

with the point of contact of another State. ".



11. Annexes 1 and 2 to the Act, which read as follows:



"The annex No. 1 to Act No. 164/2013 Coll.



The definition of the



And financial institutions



1. the term "financial institution" means an institution, schovatelská

depository institutions, the investment entity or a specified insurance company.



2. The term "schovatelská institution" means any entity whose

a substantial part of the business represents a holding of financial assets on the account

another. The entity holding the financial assets on behalf of another as a substantial

part of their business if the gross income of the entity

attributable to the possession of financial assets and the provision of related

financial services is at least 20% of the gross income of the entity in

the shorter of the following periods: period i) 3 years ended July 31. in December, or

on the last day of the accounting period, which is not a calendar year, before the

year in which the calculation is performed; or (ii) the period of the existence of the entity).



3. the term "depository institution" means any entity that

accepts deposits within the normal banking services or similar

business.



4. The term "investment entity" means any entity,



a) which in its business primarily performs one or more of the

the below activities or operations for the customer or his

representation:



I) trafficking in money market instruments (cheques, bills of Exchange, vkladovými

certificates, derivatives, etc.), currencies, currency, interest rate and index

instruments, transferable securities or commodity futures,



II) individual or collective portfolio management, or



III) other investment management or the management of financial assets

or funds on behalf of other persons,



or



(b)) whose gross income is derived primarily from investment, reinvestment or

trading in financial assets, if the entity is controlled by another entity,

that is the depository institutions schovatelskou institutions, specified by the

an insurance company or an investment entity in accordance with subparagraph (a)).



With the entity is treated as one in the context of their business done

primarily one or several activities or operations referred to in point (a)),

or whose gross income is derived primarily from investment, reinvestment or

the trading of financial assets for the purpose referred to in subparagraph (b)),

If the gross income derived from the activities of the entity is

at least 50% of the gross income of the entity for the shorter of the following periods: period i)

3 years ended July 31. in December a year ago, in which the calculation is performed;

or (ii) the period of the existence of the entity). The term "investment entity"

does not apply to an entity that is an active non-financial entity, because

referred to an entity meets any of the criteria set out in article D, point 1

(a). d) to (g)).



This item must be interpreted in a manner that is consistent with a similar

the text set out in the definition of "financial institution" in the recommendations

The financial action task force (Financial Action Task Force).



5. the concept of "financial assets" include securities or book-entry

securities, share, commodity swaps, insurance policies or

the contract of insurance, pension or any other proportion, including futures,

forwards or options on securities or book-entry securities

papers, share a companion, commodity swaps, insurance policy, or

the contract of insurance. The concept of "financial assets" does not include direct

share in the immovable property that is not bound to the debt.



6. The term "specified insurance undertaking" shall mean any entity that

is the insurance company or insurance holding company that closes

the insurance contract with the capital value or a contract of insurance

pension or is required to make payment in respect of such contracts.



7. The term "rezidentství financial institution with regard to each

jurisdiction means the relationship of financial institutions to the jurisdiction, when this

the financial institution is subject to its law (that is, this jurisdiction is

notification on the part of financial institutions able to enforce). In General,

that is if a financial institution is resident for tax purposes this

jurisdiction, is subject to its law, and is therefore a financial institution of this

jurisdiction. In the case of the Trust Fund, which is a financial institution,

regardless of whether it is resident for tax purposes in that jurisdiction,

It is considered that, subject to the powers of the given jurisdiction, if one or

several of his Trustees resident in that jurisdiction,

except in cases where the Trust Fund shall notify any information that

under this Act are to be notified about the reported accounts that

leads to another Member State, because it is resident for tax purposes in

that other Member State. However, if a financial institution other than

the Trust Fund is not resident for tax purposes (for example, because it is

considered fiscally transparent entity or is located in a jurisdiction,

where income tax is not applied), it is considered that, subject to the powers of the

a given jurisdiction, and is therefore a financial institution of this jurisdiction, if:



and) is based under the law of this jurisdiction,



(b)) has the management (including management) in that jurisdiction, or



(c) shall be subject to the financial supervision) in that jurisdiction.



If a financial institution other than the Trust Fund in addition to the jurisdiction

a resident of another Member State, shall be subject to the obligations of notification and

due diligence in that jurisdiction or in another Member State in which the

financial account or accounts.



B. Neoznamující financial institutions



1. The term ' neoznamující the financial institution "means any financial

institution that is:



and a Government entity), an international organisation or the Central Bank, and with it the

except when it comes to payments that are derived from the

receivables held in connection with the business of financial activities

of the same type, which shall carry out the specified insurance company, schovatelská

institution or depository institutions,



(b) the Pension Fund) with a wide participation, retirement fund with a narrow

participation, government pension fund entities, international organizations, or

the Central Bank, or by a qualified issuer of credit cards,



(c)) any other entity that is established by Decree of the Ministry,

where is the low risk that it will jeopardise proper

detection and determination of tax or security of payment,



(d)) vyňatým collective investment tool, or



(e) the Trust Fund in) the extent to which it is a trustee

the trust fund that States the Czech financial institutions and Announces

all the information about all of the reported accounts of the trust

the Fund.



2. The term "Government entity" means the Government of the State or other jurisdiction,

any subset of the territorial whole State or other jurisdiction for the

the avoidance of doubt shall include State, County, district or municipality, or

any agency or wholly-owned by the State or other

jurisdiction, or any one or more of the options listed above (hereinafter referred

"Government entity"). This category consists of an integral part of,

controlled entities and territorial units of the State or other jurisdiction.



and) "an integral part" of the State or other jurisdiction shall mean any

a person, organization, agency, Office, pool, equipment, or other authority without

regardless of its denomination, that represents the governmental authority of the State or other

jurisdiction. The net revenue of the Government body must be attributed to its

own account or other accounts of the State or other jurisdiction, and

No part of them does not imply for the benefit of any private individual. An integral

There is no part of the natural person who is the monarch, State

an official or administrative worker acting as a private

person or in your personal interest.



(b)) "Controlled entity" means an entity that is formally separated from the

State or other jurisdiction, or otherwise represents a separate legal

the entity, provided that:




I) entity is directly or through one or more of the controlled

entity wholly owned and controlled by one or more Government

entities,



II) net revenue are attributed to the entity on its own behalf or on

one or more accounts, government entities, and no part of them does not imply

for the benefit of any private person, and



III) assets of the entity after its cancellation goes to one or more Government

entities.



(c) does not follow for the benefit of) receiving of private persons, if such persons are

the intended recipients in the framework of the Government programme and the activities of the programme are

performed for the general public with regard to the general welfare, or

related with the management of certain phases of the Government. Regardless of the above, it is

However, the income be considered income for the benefit of private individuals,

It follows from the use of the Government entity to operate a commercial enterprise,

for example, the business of merchant banking, where they are in the context of the

This business provided financial services to private individuals.



3. the term "international organization" means any international

organization or its wholly owned agency or facility. This category

includes any intergovernmental organization, including multinational organizations,

I) which consists primarily of Governments, (ii)) that has with the State or other

If you are a valid jurisdiction agreement for its headquarters or similar agreement, and

III) whose income does not follow for the benefit of private individuals.



4. The term "Central Bank" means an institution that is legally

or from the highest authority of the decision of the Government other than the Government itself-

State or other jurisdiction-issuing tools intended for circulation as

currency. This may include equipment that is from the Government

the competent State separated, regardless of whether it is wholly or partially

owned by the State.



5. The term "pension fund with a wide participation" means a fund set up for the

the provision of retirement benefits, benefits in case of incapacity, and

disability or performance in case of death of, or any combination thereof

authorized persons who are current or former employees,

or persons that they specify one or more

employers in return for services rendered, and provided that the

Fund:



and he doesn't even have one) by an authorized person with the right to more than 5 percent of the

the Fund's assets,



(b)) is regulated by the Government and the tax administration provides reports with

the information and



c) meets at least one of the following requirements:



I) Fund is due to its position of the pension or pension

the plan is generally exempt from tax on the income from the investment of or is subject to

deferred income tax or reduced tax



II) Fund gets at least 50% of its total contributions, with the exception of

asset transfers from other plans in accordance with sections 5 to 7 of this article, or of the

pension and retirement accounts in accordance with article 17 (b), point (C). and), from

sponsoring employers,



III) distribution or withdrawal of funds from the Fund is permitted only when the

occurrence of specified events associated with retirement,

occurrence of the incapacity or disability or death (in addition to the transfer of

allocations to other pension funds in accordance with sections 5 to 7 of this article

or to the pension and retirement accounts in accordance with article 17 (b), point (C). and)

or the distribution or withdrawal from such specified

events subject to the sanctions, or



IV) posts, other than a permitted compensatory allowances from the

employees in the Fund are limited by reference to the income from gainful

the activities of the employee, or shall not exceed the amount of the corresponding year

50 000 USD, when applying the rules for merging accounts and currency conversion according to the

section VII, article C of annex 2 to this Act.



6. The term "pension fund with close participation" means a fund set up for the

the provision of retirement benefits, benefits in case of incapacity, and

invalidity benefit in case of death or of persons that are

current or former employees, or persons that they

employees identified one or more employers to substitute for

service, provided that:



and) the Fund has less than 50 participants,



(b)) to the Fund contributions for one or more employers, who

they are not investment entities or passive non-financial entities,



(c) the contributions by employees and employers) to the Fund, other than transfers

the assets of the pension and retirement accounts in accordance with article 17 (b), point (C).

and), are limited by reference to the income from gainful employment, respectively,

compensation of employees,



d) participants who are not residents of the State or other jurisdiction in which the

the Fund is set up, are not entitled to more than 20% of the Fund's assets and



(e) the Fund is regulated) by the Government and the competent authorities of the financial

provides management reports with the information.



7. The term "Government Pension Fund entities, international organizations, or

the Central Bank "means a fund set up by a Government entity, the international

organizations, or the Central Bank for the provision of retirement benefits,

benefits in case of incapacity and disability or performance in

case of death the beneficiaries or participants who are current

or former employees, or persons that they specify

or who are not current or former employees, if the benefits

provided by these beneficiaries or participants are provided

a replacement for personal services performed for a Government entity, the international

Organization, or the Central Bank.



8. the term "qualified credit card issuer" means any financial

institutions that meet these requirements:



and financial institutions) is a financial institution only because it is

credit card issuer that receives deposits only when the

the customer pays in excess of the balance due on the card and

the overpayment is not immediately returned and



(b) from the effective date at the latest), the financial institution shall establish policies and

How to avoid overpayment in excess of the amount of the customer's

the corresponding 50 000 USD, or to ensure that any

the customer exceeding the amount overpaid to the customer within 60 days

returned, in both cases, when you use the rules for merging accounts and

currency conversion referred to in section VII, article C of annex 2 to this

the law. For these purposes, the customer does not understand the active overpayment scam

balances in the range of disputed charges, however, includes an overpayment

balances arising from returned goods.



9. The term "exempt collective investment tool" means the

investment entity that is regulated as a tool of collective

investment, provided that all the shares in this tool

collective investments are held by individuals or entities that

they are not reporting persons, with the exception of passive non-financial entities with

the controlling entities that are reporting entities, or their

through.



Investment entity that is regulated as a tool of collective

investment qualifies under this section as exempt tool

collective investment undertakings and in the event that this instrument of collective

investments issued paper shares to the owners, and provided that:



and collective investment tool) has not given nor delivers no documentary

shares after the closing date,



(b) the collective investment tool) all the shares after their

commitment downloads



c) collective investment tool performs due diligence procedures

referred to in sections II-VII of annex 2 to this Act and Announces

all the information you want about all of these stocks when they are

submitted to buy back shares or other reimbursement and



(d) collective investment tool) has implemented policies and procedures to

ensure that these shares as soon as possible and in any case before 1.

repurchased or immobilized, 1 January 2018.



(C) financial account



1. the term "financial account" means the account maintained financial institutions and

includes a deposit account, schovatelský account and:



and in the case of the investment entity) any equity or debt participation

in this financial institution. Regardless of the above concept of ' financial

the account "does not include equity or debt on a participation in an entity that is

investment entity only because: (i)) provides investment advice

customer and act in his behalf or ii) manages assets

for a customer and act in his behalf in order to invest,

management or administration of the financial asset on behalf of the

This customer with a financial institution other than the entity,



(b)) in the case of a financial institution that is not listed in subparagraph (a)),

any equity or debt this financial institution,

If this class participation was created with the aim of avoiding the notification and



(c)) of any insurance contract with a capital value and any contract

about annuities, closed or kept by a financial institution outside

the Treaty with the fulfilment of the agreed insurance in the form of neinvestičního

nepřevoditelného annuities, which are paid to a natural person

in the form of pensions or benefits in case of incapacity and disability

provided on the basis of the exempt account.




The term "financial account" does not include any account that is vyňatým account.



2. the term "deposit account" includes any business, current,

saving, Futures account or pension (thrift) account or an account that is

evidenced by the deposit certificate, pension (thrift) certificate

investment certificate, the certificate of debt or other similar

instrument, driven by financial institutions in the normal course of providing

banking services, or similar business. Deposit account also

includes the amount held by an insurance company under a contract with a guaranteed

investment or similar arrangements, under which it is paid or

it attaches to the proceeds of this amount.



3. the term "schovatelský account" means an account, excluding insurance contracts and

contract of insurance the pension to which is held by the financial assets in

benefit of another person.



4. The term "interest" in the case of personal company

(partnership), which is a financial institution means the capital participation

or participation in revenues from participation in this partnership. In the case of

the Trust Fund, which is a financial institution with the participation

shall mean a participation held by any person assumed the founder or

the beneficiary of all or part of funds in the Trust Fund, or

any other natural person having the highest de facto control over the

Trust Fund. Notified person is considered as the beneficiary

the Trust Fund, if it has notified the person the right to directly or

indirectly (e.g., through an agent), receive the fixed yield, or

directly or indirectly, receive the income from the Trust Fund referred to in

free discretion.



5. The term "insurance contract" means an agreement, other than a contract of

insurance income, which the insurer undertakes to pay the amount in

the event of a specified contingency involving death, disease,

personal injury, liability, or damage to property.



6. The term "contract of insurance" means a contract

insurer undertakes to pay a certain amount for a specific period, which is

whole or in part determined by the estimated life expectancy of one or

more people. This concept also includes the contract, which shall be deemed

Treaty annuities under the law or practice of the State

or any other jurisdiction where the contract was concluded and that the insurer

agrees to pay a certain amount for a few years.



7. The term "insurance contract with a capital value" means the insured

contract, other than reinsurance contract concluded between two undertakings,

that has a capital value.



8. The term "capital value" means the greater of the following amounts: (i))

the amount to which he is entitled the policyholders in the case of redemption or termination

contract, without deduction of any charge for the buyout or loans from the

the capital value, and (ii)) of the amount that a policyholder may borrow

According to the contract. Notwithstanding the above, the term "capital value"

does not include the amount payable under the insurance contract:



and, as a result of death) solely by natural persons covered by the Treaty on the

insurance,



(b)) as a performance in case of injury or illness or other benefits,

that compensates for the economic loss caused by the insured event,



(c)) as a refund previously paid premiums (minus the cost of the

insurance, regardless of their actual exercise) to the policyholder in accordance with

the insurance contract other than a contract of life insurance

a contract of insurance or pension because of a cancellation or termination

the contract, reduce the insured risk during the term of the insurance contract

or resulting from a new determination of the insurance premium due to repairs accounting

or other similar errors,



(d)) as a dividend of the policyholder, excluding dividend on termination of the insurance,

provided that the dividend refers to the insurance contract, from which you can

pay only the transactions referred to in point (a) (b)), or



e) as repayment of premiums or installment premiums on insurance

the contract, for which the premiums paid for at least a year, if the amount

the advance premiums or installment premiums do not exceed the following annual

premiums due under this agreement.



9. The term "previously existing account" shall mean:



and financial account notifying) Czech financial institutions to

decisive day,



(b) any financial account) of the account holder, regardless of when the

g/l account based if:



and the account owner has) for notifying the Czech financial institutions, or

linked entity in the Czech Republic, another financial account that is earlier

existing account within the meaning of point (a)),



(ii)) for the purposes of the requirements of the knowledge of the standards referred to in section VII,

Article and of annex 2 to this Act for the purposes of discovery, the balance

or value of any of the g/l accounts in the application of any

threshold treats that States the Czech financial institutions, and, where appropriate,

linked entity in the Czech Republic, with both of these financial accounts and

with any other financial accounts of the account holder that are

referred to in subparagraph (b)) considered previously existing accounts as a single

financial account



III) in relation to the g/l account, subject to the procedures

AML/KYC, is announcing the Czech financial institution is permitted in these procedures

This account to execute the reliance on AML/KYC procedures carried out for the

previously existing account under subparagraph (a)), and



IV) establishing the financial account does not require that the owner of the account of themselves as

the customer has provided new, additional or amended information other than

for the purposes of this Act.



10. The term "new account" means the account opened by the notifying financial Czech

financial institutions and is based after the closing date, if it is not treated as a

previously existing account in accordance with point 9 (a). (b)).



11. The term "previously existing account of a natural person" means a previously

existing account held by one or more natural persons.



12. The concept of "a new account of a natural person" means a new account held by one

or more individuals.



13. The term "previously existing account entity" means a previously existing

account held by one or more entities.



14. The term "account with the lower value" means the previously existing account

natural persons with the sum total of the balance or the value that the decisive day

does not exceed the amount equivalent to US $1 000 000.



15. The concept of "high-value account" means the previously existing account

natural persons with the sum total of the balance or the value that the decisive day

or 31. December of any of the following year exceeds the amount

corresponding to 1 000 000 USD.



16. The concept of "a new account of the entity ' means a new account held by one or

multiple entities.



17. The term "exempt account" means any of the following accounts:



and the retirement or pension account) that meets the following requirements:



I) account is subject to Regulation as a personal retirement account, or is part of the

registered or regulated pension or a pension plan whose

the aim is the payment of the pension or pension benefits, including benefits in

case of incapacity and disability or benefit in case of death,



II) account is tax preferential treatment (i.e., contributions to the account, which would otherwise

subject to taxation are deductible or excluded from gross income

the owner of the account or taxed at a lower rate, or taxation of the investment

income from deferred account or this is taxed at a lower rate),



III) is required to be reported to the tax authorities for information on

with this account,



IV) withdrawals are subject to the achievement of a specific pension

age, health, disability, or death, or the selections made

before the onset of these events liable to the penalties and



in) either: i) the annual contributions are limited to a maximum amount corresponding to

50 000 USD, or ii) is determined by the maximum lifetime contribution to

account for the amount corresponding to 1 000 000 USD, in both cases with the

by applying the rules for merging accounts and currency conversion pursuant to section VII

Article C of annex 2 to this Act.



The financial account, which otherwise satisfies the requirement of the bullet) meets this

the request and in the case that it may be transferred to the asset or

the resources of one or more financial accounts that meet the requirements of the

referred to in points (a) or (b))), or from one or more pension or

pension funds, which meet the requirements referred to in article B, in one

from points 5 to 7,



b) account that meets the following requirements:



I) account is subject to Regulation as an investment tool designed for other purposes

than for retirement savings and is regularly traded on an established market

securities or subject to Regulation as a savings tool designed for

purposes other than for retirement savings,



II) account is tax preferential treatment (i.e., contributions to the account, which would otherwise

subject to taxation are deductible or excluded from gross income

the owner of the account or taxed at a lower rate, or taxation of the investment

income from deferred account or the account is taxed at a lower rate),



III) withdrawals are subject to the fulfilment of certain criteria

relating to the purpose of investment or savings account (for example,


the provision of funds for education or health care), or the

the selections you make in the event of failure to comply with these criteria will be subject to the penalties and



IV) annual contributions are limited to a maximum amount corresponding to 50 000

USD, with the application of the rules for merging accounts and currency conversion according to the

section VII, article C of annex 2 to this Act.



The financial account, which otherwise satisfies the requirement of bullets iv) satisfies this

the request and in the case that it may be transferred to the asset or

the resources of one or more financial accounts that meet the requirements of the

referred to in points (a) or (b))), or from one or more pension or

pension funds, which meet the requirements referred to in article B, in one

from points 5 to 7,



(c)) the contract of life insurance with the insurance period which elapses

before the insured person reaches the age of 90 years, and it provided that the

the contract meets the following requirements:



I) normal premiums, which in the course of the insurance period not

payable at least once a year during the insurance period or until then, than

the insured person reaches the age of 90 years, whichever period is shorter,



(ii)) the Treaty does not have any capital value, which could be any

person to draw (by selecting, assigns or otherwise), without the termination of the contract,



III) amount, other than a benefit in the event of death, due after the cancellation or

termination of the contract shall not exceed the total of the premiums paid, with

by subtracting the cost of covering risk of death, disease, and other costs, without

regardless of their actual origin, over the lifetime of the contract and any

amounts paid before the cancellation or termination of the contract and



IV) contract is not held by the transferee in return for remuneration,



d) account that is held exclusively at the estate, where a dossier to

This account contains a copy of the last will of the deceased or a death certificate,



e) account set up in connection with any of the below

the facts:



I) is a court order or judgment,



II) with a sale, Exchange or lease of real or personal property

provided that the account meets the following requirements:



-the account is funded solely by payment in cash, cash advance,

a deposit in the amount of suitable to ensure obligations directly linked to

transaction or a similar payment, or is financed by the financial

the property, which is stored on the account in connection with the sale, Exchange or

lease assets



-account is set up and used exclusively to ensure the obligations of the buyer

pay the purchase price for the assets, the seller's obligation to pay the

any contingent liability or obligation of the landlord or tenant

pay any damages in connection with the leased property pursuant to

the rental agreement,



-the assets on the account, including income resulting therefrom will be paid or

otherwise, the split in favour of the buyer, the seller, lessor, or

the tenant (inter alia to meet the obligations of such a person) on the sale,

Exchange or surrender of assets, or when you cancel the rental contract,



-account is not set up by a similar margin or account in connection with the

the sale or exchange of financial assets and



-account is not related to the account referred to in subparagraph (f)),



(iii)) with the obligation of financial institutions providing the lease secured

immovable property, to suspend the party part of the payment solely to

further facilitate the payment of taxes or insurance related to

immovable property,



IV) with the obligation of financial institutions to facilitate a later payment of only

taxes.



f) deposit account that meets the following requirements:



I) account exists solely because the customer pays in excess of

balance due on your credit card or other revolving credit

account and the overpayment is not immediately returned and



(ii)) by effective date financial institution shall establish policies and

How to avoid overpayment in excess of the amount of the customer's

the corresponding 50 000 USD, or to ensure that any

the customer exceeding the amount overpaid to the customer within 60 days

returned, in both cases, when you use the rules for currency conversion.

laid down in section VII, article C of annex 2 to this Act. For

these purposes are overpaid customer does not understand the active balances in the range

the disputed charges, however, the excess balances incurred on active covers

the basis of the returned goods.



18. the financial account is "guided by financial institutions",



and) that are assets to the custody account, and even financial

institutions, for the account owner in this institution holds the assets on the

brokerage account, as far as the schovatelský account



(b)) that has the obligation to make payments on this account

the exception of the representative of the financial institution, regardless of whether this is a

financial institutions in respect of the deposit account,



(c) financial account) that represents any material or

the debt participation, in terms of equity or debt participation,



(d)) that has the obligation to make payment in respect of the contract, if

as to the insurance contract with the capital value or of the Treaty on

insurance pension.



D. Active non-financial entity



1. The concept of "active non-financial entity" means any non-financial

an entity that meets any of the following criteria:



) and less than 50% of gross income non-financial entity for the preceding

the calendar year is a passive income and less than 50% of the assets held by the

non-financial entity during the previous calendar year are assets

that create passive income or are for the purpose of creating them

held,



(b) non-financial entities) shares are regularly traded on an established

the stock market or is non-financial entity linked entity with

entity whose shares are regularly traded on an established market

securities,



(c)) non-financial entity is a Government entity, an international organization,

Central Bank or an entity wholly owned by one or more

the above mentioned entities,



(d) all the relevant activities of the non-financial) entities shall consist in the possession of,

all or part of, the ownership of shares of one or more subsidiaries

companies that are engaged in trade or business, that is a different

business than a financial institution, or in the provision of financing and

the services of such subsidiaries, with the exception that this entity

the position does not obtain, if it works, or presents itself, as

Investment Fund, for example, as a private equity fund, venture

the capital fund, the Fund leveraged acquisition structures, or any

the investment facility, the purpose of which is the acquisition or financing

companies and then held by participation in these societies in the form of

capital assets for investment purposes,



(e)) non-financial entity does not operate a business, and yet has no

the previous operational history, but invests capital in assets with

the intent to engage in activities other than the business of financial institutions, for

provided that it does not qualify for this exception after the date that 24

months after the date of formation of non-financial entities,



(f)) non-financial entity in the past five years has not been a financial institution,

and the liquidation of its assets or its reorganization with a view to further

perform or resume activity in business other than the business

financial institutions,



g) non-financial entity deals primarily with financial and reinsurance

transactions with related entities that are not financial

institutions, or for these entities and does not provide funding or

reinsurance services of any entity that is not a linked entity

provided, that the Group of any such linked entities is

deals primarily with other business than the business of a financial institution,

or



h) non-financial entity meets all of the requirements below:



I) is established and operated in their State or any other jurisdiction where it is

resident solely for religious, charitable, scientific, artistic,

cultural, sporting or educational purposes; or is established and

operated by the State or any other jurisdiction where it is a resident of, and is

professional organizations, trade associations, Chamber of Commerce, the Trade Union

organisations, agricultural or horticultural organizations, Civic Club

or organizations operated exclusively for the purpose of promoting social welfare,



(ii)) in the State or any other jurisdiction where it is a resident, is exempt from

income tax,



III) does not have any shareholders or members with proprietary or proprietary

the holdings on its income or assets,



IV) relevant legislation of the State or other jurisdiction where it is

resident non-financial entities or documents on the establishment of a non-financial

entities do not permit that any income or assets non-financial entities

were distributed or utilized for the benefit of private individuals, or

necharitativní entity, with the exception of the implementation of the charitable activities

non-financial entities or the payment of reasonable compensation for services rendered

or payments that represent the reasonable market value of the assets

non-financial entity has purchased and



in the law of the State) or other jurisdiction where it is

non-financial entity resident or documents on the establishment of a non-financial

entity require that after the liquidation or termination of non-financial entities was

all its assets distributed to other non-profit or Government entity


Organization, or the Government of the State passed or any other jurisdiction where it is

non-financial entity resident or any sub-territorial unit

of such a State.



E. Miscellaneous



1. The term "account owner" means a person who is a financial institution,

leading financial account records or become the owner of the

g/l account. A person who is not a financial institution and which holds

financial account for another person, or in its favour as a representative,

schovatelský Manager, agent, a person empowered, investment

Advisor or broker, is not considered for the purposes of this Act,

for the owner of the account and the account holder is treated as the other person. In

If the insurance contract with the capital value or the Treaty on

pension insurance is the owner of the account by any person who is entitled to

to dispose of the capital value or change the beneficiary of

of the Treaty. If there is no one who could dispose of the capital

the value or change beneficiaries, the owner of the account by any person

marked as owner in the contract and any person entitled to the payment of

performance under the terms of the contract. After the expiry of the insurance period under the insurance

the contract with the capital value or contract of insurance income for the

the account holder considers each person entitled to payment of benefits under

of the Treaty.



2. "the AML/KYC Procedures" means the procedures of appropriate care and control

the customer notifying the Czech financial institution applies under

the requirements on the measures against money laundering or similar requirements that

This saying the Czech financial institution.



3. the term "entity" means a legal person or entity without legal

personality, such as a commercial company, personal trust company

Fund or Foundation.



4. the entity is "linked entity" with another entity if: (i)) one of the

These entities is controlled by the other; II) both entities are under common control;

or iii) both entities are investment entities referred to in article A, paragraph 4

(a). (b)), the joint line and this line fulfils the obligations proper

care in these investment entities. The concept of "control" for these purposes

includes direct or indirect ownership of more than 50% of the votes and the share of the

the entity.



5. The abbreviation "VAT NUMBER" means the identification number of the tax

the taxpayer (or the functional equivalent of the tax identification

the numbers).



6. The term "documentary evidence" includes any of the following documents:



and a certificate of rezidentství issued) an authorized State body (eg.

the Government of his or her authority or municipality) of the State or other jurisdiction, of which

the beneficiary hereby declares that he is a resident of,



(b)) in the case of a natural person, any valid identity document issued by a

authorized State body (e.g. Government or authority or municipality), in the

which is the name of a natural person and which is commonly used for

the purpose of identification,



(c) in the case of any entity) an official document issued by the authorized State

Authority (e.g. Government or authority or municipality), in which it is stated

the name of the entity and either the address of its headquarters in the State or other

jurisdiction, which declares that the entity is a resident of, or State

or other jurisdiction in which the entity was founded or established,



(d)) any financial statement zauditovaný, the credit report of a third person,

insolvency or detail of the regulatory body for the securities.



In connection with the previously existing account entity may stating that the United

financial institutions use as documentary evidence of any classification in

their records regarding the owner of the account, which was established on the basis of the

a standardized system of sectoral codes, by stating that the United

financial institutions recorded in accordance with their usual

business practice for the purposes of AML/KYC procedures or other regulatory

purposes other than revenue, and established before the date of the determination of the financial

account as the previously existing account, if it is unknown or does not have the

reason to assume that such classification is incorrect or unreliable.



7. The term "standardized sectoral codes system" means a system of codes

for the classification of establishments by type of business, used for other

purposes than taxation.



The term "principal residence address of entity" shall mean the place where the

real leadership. Address of principal residence address is not a financial entity

the institution with which has an entity led by account, PO box or address

used only for the purposes of delivery, unless such address only

the address of an entity is used, and is mentioned as the seat of the entity in its

formation documents. Address of principal residence of the entity is not

address to which you want to be all mail is not retained.



8. The notion of "change in circumstances" means any change that leads to

completion of the information relating to that particular person notified thatyour

person or is otherwise with this position of the person in breach. In addition to the

This change in circumstances includes any change or supplement the information

about the owner of the account, including the addition, replacement or other changes

the owner of the account, or any change or amendment of information on

any account associated with that account, when you use the rules for

the merging of accounts referred to in section VII, article C, point 1 to 3 of annex 2 to the

This law, if the change or supplement the information influence on

the status of the account holder.



When announcing the Czech financial institutions is based on the address of residence

under section III of article B, point 1 of annex 2 to this Act and occurs

change of circumstances, on the basis of notifying the financial institution

becomes aware of or has reason to assume that the original documentary evidence, or other

equivalent documents are incorrect or unreliable, it shall within

the last day of the calendar year or within the 90 calendar

days of the notice or finding the changes of circumstances, depending on what

whichever is later, to get the affidavit and the new documentary evidence to

determine where the account holder is resident for tax purposes. If it is not

Announcing the financial institution of the affidavit and the new documentary evidence

in that period of time to get, you must perform a search in the electronic

the records referred to in section III of article B, point 2 to 6 of annex 2 to this

the law.



"Annex 2 to the law No. 164/2013 Coll.



The rules for reporting and due diligence for the information about the g/l accounts



Section I



Additional requirements for notification



A. in the reported information must be reported for each currency

the relevant amounts.



B. Notwithstanding the provisions on notification applies in relation to each

oznamovanému account, which is a previously existing account, VAT REGISTRATION NUMBER and date

birth may not be notified, if such a TAX ID or date of birth

It is not in the records indicating the Czech financial institutions. However,

Announcing the Czech financial institution is required to develop appropriate

efforts to TAX ID NUMBER and date of birth on the previously existing accounts

received by the end of the second calendar year following the year in

where were these previously existing accounts identified as notified

accounts.



C. Notwithstanding the provisions on notification is not subject to VAT notification

obligations, if the participating Member State where he is resident, has gone before.



D. Notice is not served during the calendar year in which it was determined

day.



Section II



General requirements for due diligence



A. with the account should be treated as such an account as from the date when the

as a device account identified on the basis of due diligence procedures in

sections II to VII, and unless stated otherwise, the information about the notified account

must be reported each year in the calendar year following the year to

which they relate.



B. account balance or the value of the account down to the last day

of the calendar year.



(C) the Czech. notifying the financial institution may apply the appropriate procedures

care for new accounts also on previously existing accounts and procedures appropriate

care for high-value accounts to accounts with a lower value.



Section III



Due diligence in the case of the previously existing accounts of natural persons



A. Introduction. The following procedures shall be applied in order to find

the reported accounts between the previously existing accounts of natural persons.



(B) accounts with a lower value. In the case of accounts with lower value applying

the following procedures.



1. the address of the place of residence. If the notifying Czech financial institutions

records of the current address of residence of the account owner-natural persons

based on documentary evidence, determining whether a given

account holder-a natural person can be considered as the person to be notified with this

the account owner-a natural person treated as resident for tax

the purpose of the State or other jurisdiction, to which the address applies.



2. Search in the electronic records. If the notifying United

financial institutions does not result from information about the current address of residence

account holder-natural persons, based on documentary evidence, as

indicated in item 1, is announcing the Czech financial institutions required to

check that the data with the possibility of an electronic search, kept

Announcing the Czech financial institutions include any listed below


evidence, and must apply the provisions of points 3 to 6:



and the identification of the account holder as) a resident of a participating State,



(b)) the current address for service or home address, including the postal

the bin in a participating State;



c) one or more phone numbers in a participating State and no

phone number in the Czech Republic,



d) standing orders, other than to the depozitnímu account for the transfer of

resources to the account opened in a participating State;



(e)) the currently valid power of attorney or signing the right granted to a person with

an address in a participating State or



(f) instructions for mail storage) or the address of the person accepting mail in

a participating State, when notifying the Czech financial institutions

does not register another account holder's address.



3. If the electronic search are not found to any of the

indications referred to in point 2, no additional measures are necessary, until

does not change the circumstances that will lead to one or more of the evidence

associated with this account, or the account does not become an account with a high

the value of the.



4. If the electronic search are found in any of the

indications referred to in point 2 (a), a) to (e)) or there is a change of circumstances,

that will lead to one or more of the evidence associated with this account,

Announcing the Czech financial institution with the account owner must be treated as

with the resident for tax purposes each of the participating State in relation to the

the indicia identified, if it decides to use the point 6

and for this account does not pay any of the exceptions provided for in that point.



5. If the electronic search found instructions for

storage of mail or address of the person accepting mail and if in a relationship

to the account holder is found no further address nor any other

indications referred to in point 2 (a). a) to (e)), stating that the Czech financial

institutions must use the search in the documentary records pursuant to article C

item 2 or from the account holder to obtain the affidavit or documentary

evidence to determine where the account holder is resident for tax

purposes, and in the order most appropriate to the circumstances. If you will not

Search in the documentary records found the appropriate evidence and neither

the attempt to obtain the affidavit or documentary evidence will not

successful, announcing the Czech financial institutions must notify the account as

the undocumented.



6. Notwithstanding the finding of evidence referred to in point 2 is not telling you

Czech financial institutions required to dispose of the account holder as

a resident of the State concerned in the following cases:



and if) information on the account holder includes the current address for

service or the address of the residence in a participating State, one or more

telephone numbers in a participating State, and any phone number in the United

Republic, or standing orders for g/l accounts other than the deposit,

for the transfer of funds to the account opened in a participating State

Announcing the Czech financial institution gets or previously examined and leads

a record of:



I) the sworn statement of the account holder of rezidenství in other than

a participating State and



II) documentary evidence showing that the account owner is not notified

person,



(b)) in the event that the information on the account holder include the currently valid

power of attorney or signing the right granted to a person with an address in a participating

State and notifying the Czech financial institution gets or previously examined

and maintain a record of:



I) the sworn statement of the account holder of rezidentství in other than

a participating State or



II) documentary evidence showing that the account owner is not notified

person.



C. Enhanced procedures in case of high-value accounts. In the case of accounts

high value shall apply the following procedures.



1. Search in the electronic records. As regards the accounts with high

value indicating the Czech financial institutions must check whether the data with

electronic search options kept notifying the financial

institutions include any evidence referred to in article (B), point 2.



2. Search in the documentary record. If a database with the option

electronic search for notifying the Czech financial institutions

contain fields for all of the information referred to in point 3, and the information

are listed in them, then another scan of the documentary records is not

necessary. If electronic database does not contain all of this information,

Announcing the Czech financial institutions have high-value accounts

also check that the current main folder with the data about the customer

contains any evidence referred to in article B (2), and if these in

the current main folder with the data about the customer not present, the server must

Search in the below mentioned documents related to an account, which

Announcing the Czech financial institutions received in the last 5 years:



and in the latest documentary evidence) collected to the account



(b)) in the most recent Treaty establishing the account, or the account documentation



(c)) in the most recent documentation that States the Czech financial institutions

from the AML/KYC procedures or for other regulatory purposes,



(d)) in any currently valid, full of branches or forms for

signature rights and



(e)) in any standing orders currently in force, other than to

depozitnímu account for the transfer of funds.



3. the exemption in the event that the database contain sufficient information.

Announcing the Czech financial institution is not required to search the

the documentary records referred to in point 2, if the information with the option to

electronic search for notifying the Czech financial institutions

contain the following information:



and) the country in which the account holder is a resident,



(b) the address of the place of residence of the account owner) and his address for service of the currently

led by the notifying of the Czech financial institutions,



c) phone number or numbers of the account holder, currently led by u

Announcing the Czech financial institutions,



(d)) in the case of other financial accounts than deposit accounts also

the fact that there are standing orders for the transfer of

funds from an account to a different account (including notifying other branch account

the Czech financial institutions or other financial institutions),



(e)), the fact that there is the current address of the person accepting mail

or instructions for storage of mail for the owner of the account and



(f)), whether there is any account of attorney or signing

the right.



4. Query to obtain current knowledge from the Manager to come into contact with customers.

In addition to searching in the electronic and paper records referred to in point 1

and 2 that States the Czech financial institutions treated as

such an account to any account with a high-value, which is

assigned Manager to come into contact with customers, including any financial

accounts merged with this high-value account, if the account manager

contact with customers is the current knowledge of the fact that the owner charged

person to be notified.



5. The effect of finding evidence.



and advanced examination) if the high-value accounts according to

This article does not contain any of the indications referred to in article B, point

2 and does not imply that the account held by the person to be notified in accordance with section 4 of this

the article, further measures are necessary until the change of circumstances,

that will lead to one or more of the evidence associated with this account.



(b) the extended examination) if the high-value accounts according to

This article are found in any of the indications referred to in article (B)

point 2 (a). a) to (e)) or if there is a subsequent change in circumstances

that will lead to one or more of the evidence associated with this account,

Announcing the Czech financial institutions must dispose of the account as a

such account against any participating State, in relation to which it is

indicia identified, unless the application of article B, point 6

and for this account does not pay any of the exceptions provided for in that point.



(c)) if the advanced screening of high-value accounts according to

This article found instructions for safekeeping or mail address of the person

accepting mail and if in relation to the holder of the account is not found

no more address and no other items of evidence referred to in article B (2)

(a). a) to (e)), stating that the Czech financial institutions must from the owner

account to get a sworn statement or documentary evidence to determine where the

the account owner is resident for tax purposes. If the notifying United

financial institutions cannot such affidavit or documentary evidence

must notify the account as undocumented.



6. If the previously existing account of a natural person is not the decisive day

high-value account, but it happens on the last day of a

the following calendar year, announcing the Czech financial institutions

It must account for such a scan perform advanced procedures under this

Article by the end of the calendar year following the year in which the account

become a high-value account. If such an account based on

This examination designated as notified aid account, stating that the Czech financial


the institution has requested information about this account in respect of the year in

which was intended as a device account, and to notify the following years

each year until the account owner ceases to be the person to be notified.



7. After notifying the Czech financial institutions on account of high

the value of the extended screening procedures applied under this article,

Announcing the Czech financial institutions will not be required to these procedures again

use with the exception of asking a Manager to come into contact with customers by

Article C paragraph 4 in relation to the same high-value account at any

the following year, if it is not about an undocumented account,

in this situation, announcing the Czech financial institutions such

How to reapply each year until the account does not become

documented.



8. If a high-value account, there is a change in circumstances which

will lead to one or several of the evidence referred to in article B (2), and

associated with the account, stating that the financial institution must be United with this

account as notified to each participating account

the State, in relation to which the indicia identified, unless

for the application of article B, point 6, and for this account does not pay any of the exceptions

provided for in that point.



9. notifying the Czech financial institutions shall establish procedures to ensure

the Manager for contact with customers can identify the account

any change of circumstances. For example, if the contact is

customers reported that the owner of the account in a participating State has a new address

for delivery, is announcing the Czech financial institutions required a new

the address can be considered as a change of circumstances, and if you elect to use the article (B)

point 6 is required from the account holder to obtain the relevant documentation.



D. examination of previously existing accounts of individuals with a high value

must be completed within 1 year from the effective date. An examination of previously

the existing accounts of individuals with lower value must be completed within

2 years from the effective date.



E. any previously existing account of a natural person who has been

identified as a device account in accordance with this section, shall be

treated as such in all subsequent years of account, if

account owner ceases to be the person to be notified.



Section IV



Due diligence in the case of new accounts of natural persons



The following procedures shall be applied in order to find the reported accounts

among the new accounts of natural persons.



A. new accounts of natural persons, it is stating that the Czech financial institutions

required when opening the account to obtain an affidavit, which may be

part of the account opening documentation and notifying the United financial

the institution will allow to establish where the account holder is resident for tax

purposes, and to confirm the sufficiency of the affidavit on the basis

the information received that States the Czech financial institutions in the context of the

with the establishment of the account, including any documentation gathered pursuant to

AML/KYC procedures.



B. If the sworn statement stated that the account holder is a resident

for tax purposes in a participating State, announcing the Czech financial

the institution must account to be treated as such and honest account

the Declaration must also include the VAT REGISTRATION NUMBER of the account holder in respect of that

participating State, subject to the provisions of section I of article C, and its date of

the birth of.



C. If a new account of a natural person to changing circumstances, from

which the notifying United financial institution becomes aware or has reason to

assume that the original affidavit is incorrect or

unreliable, announcing the Czech financial institutions must not rely on the

the original affidavit and obtains a valid affidavit in which

shows where the account holder is resident for tax purposes.



The Section In The



Due diligence in the case of the previously existing accounts of entities



The following procedures shall be applied in order to find the reported accounts

between the previously existing accounts of entities.



And accounts of entities that do not need to examine, identify, or notify.

If the notifying United financial institution chooses otherwise, either with

regard to any previously existing accounts of entities, or separately with

regard to any clearly identified a group of such accounts, the previously

existing account balance combined entity or the value that the

the merger effective date does not exceed the amount equivalent to US $250, 000, it is not necessary

examine, identify, or notify as notified aid account, until the sum of the

the value of the account balance or does not exceed the amount stated on the last day

any of the following calendar year.



(B) the accounts of entities that need to be examined. Previously existing account entity

that is the decisive day account balance or account value

in excess of the amount corresponding to the 250 000 USD, and the previously existing account

the entity that the decisive day does not exceed this amount, but its

the sum of the balance or the account value exceeds this amount to the last day

any of the following calendar year, must be examined in the

accordance with the procedures laid down in article D.



C. Accounts of entities that must be notified. In previously existing accounts

the entities referred to in article (B), only with the accounts held by one or more

entities, which are held by the reporting persons, or passive

non-financial entities with one or more controlling,

that or they are notified by the person or persons are notified

treated as reporting accounts.



(D) screening to find procedures accounts of entities that must be

notify. In previously existing accounts of the entities referred to in article (B)

Announcing the Czech financial institutions to apply the procedures set out below

screening to determine whether the account is held by one or several

between reporting persons or passive non-financial entities with one or

several controlling entities that are reporting entities:



1. the determination of whether an entity is notified by a person.



and Screening information maintained for) regulatory purposes or for the

the purpose of the relations with the customers (including information collected according to procedures

AML/KYC) to determine whether the information shows that the account holder is

a resident of a participating State. Information, which shows that the owner

the account is a resident of a participating State shall include for this purpose a place

the establishment or the establishment of an entity or an address in a participating State.



(b)) if information shows that the account holder is a resident

a participating State, announcing the Czech financial institutions must with this

account as notified, unless the account from the account holder does not get

affidavit of or on the basis of the information available, or

on the basis of publicly available information, reasonably does not specify that the owner

the account is not the person to be notified.



2. the determination of whether an entity is a passive non-financial entity with one or

several controlling entities, or which are notified by the person

or between reporting entities. For the owner of the previously existing account entity

(including the entity that is notified by the person) that States must United

financial institutions to determine whether the account holder of passive non-financial

entity with one or more controlling entities, or which

are notified by the person or persons to be notified. If there is a

any of the persons of the passive non-financial entity person

to be notified, with an account must be treated as such. When

the Czech financial institutions must do the notifying

According to the guidelines referred to in points (a) to (c))) in order for the

the circumstances, the most appropriate.



and) determine whether the account holder of passive non-financial entity. For the purposes of

determine if the account owner is the passive non-financial entity, the notifying

Czech financial institutions from the account holder to obtain an affidavit,

If, on the basis of the information available to it, or on the basis of

publicly available information cannot reasonably determine that the account owner

is an active non-financial entity, or a financial institution, other than

investment entity referred to in article and section 4 (b). (b)) Annex No. 1 to this

the law, which is not a financial institution of a participating State.



(b) specifying the persons) of the account holder. For the purposes of determining

persons of the account holder may notifying United financial

institutions make use of the information collected and retained in accordance with the procedures

AML/KYC.



(c)) to determine whether it is a controlling person of the passive non-financial entities

person to be notified. For the purposes of determining whether there is a controlling person of the passive

non-financial entities notified by the person notifying may Czech financial

institutions to take advantage of:



I) information collected and retained in accordance with AML/KYC procedures in the case of

previously existing account held by one or more entities

non-financial entities with the sum total of the balance or the value of the account, which

do not exceed an amount corresponding to 1 000 000 USD or



II) affirmation of the account holder or the controlling person of the other

the jurisdiction in which it is a controlling person is resident for tax purposes.



E. Time vetting and other procedures applicable to the previously existing accounts

entities




1. examination of previously existing accounts of entities with a combined balance or

the value of the account, that the decisive day in excess of the amount equivalent to 250

$100,000, must be completed within 2 years from the effective date.



2. examination of previously existing accounts of entities with a combined balance or

the value of the account, that the decisive day do not exceed an amount corresponding to

250 000 USD, but exceed this amount as of 31. December of any

the following year, must be completed by the end of the calendar year

following the year in which the total value of the account balance or

that amount exceeded.



3. If the existing account entity before there is a change of circumstances,

notifying of Czech financial institution becomes aware or has reason to

assume that the affidavit or other documentation relating to the

account are incorrect or unreliable, announcing the Czech financial

the institution must again according to the procedures referred to in article (D) to determine whether it is

a device account.



Section VI



Due diligence in the case of new accounts of entities



The following procedures shall be applied in order to find the reported accounts

among the new accounts of entities.



How to scan to locate/identify accounts of entities that is

need to be notified. New accounts must be the entity that States United financial

institutions to apply the following procedures to determine whether the

account held by one or several persons reporting or passive

non-financial entities with one or more controlling,

that or they are notified by the person or persons reporting:



1. the determination of whether an entity is notified by a person.



and in this case) must obtain an affidavit, which may be

part of the account opening documentation and notifying the United financial

the institution allows to specify where the account holder is resident for tax

purposes, and to confirm the sufficiency of the affidavit on the basis

the information received that States the Czech financial institutions in the context of the

with the establishment of the account, including any documentation gathered pursuant to

AML/KYC procedures. If the entity in a sworn statement indicating that it is not

resident for tax purposes, he can take the notifying United financial

institutions into account address of principal residence of the entity and to determine where it is

the account holder is resident.



(b) If, by a solemn declaration) shows that the account holder is

a resident of a participating State, announcing the Czech financial institutions must

with this account as notified, unless the account on the basis of

the information that is available, or on the basis of publicly available

information reasonably does not specify that the account holder is not in relation to the

person to be notified in any State.



2. the determination of whether an entity is a passive non-financial entity with one or

several controlling entities, or which are notified by the person

or between reporting entities. The proprietor of the new entity, including account

the entity that is the notified person shall notifying United financial

institution to determine whether the account holder of passive non-financial entity with

one or several controlling entities, or which are

notified by the person or persons notified. If any of the

controlling people passive non-financial entities, with the account of the person to be notified

must be treated as such. When this determination must

Announcing the Czech financial institutions follow the instructions provided in

(a) to (c))) in the order that is most appropriate in the circumstances.



and) determine whether the account holder of passive non-financial entity. For the purposes of

determine if the account owner is the passive non-financial entity, the notifying

Czech financial institutions take advantage of the affidavit from the account holder to

determine whether it is a passive non-financial entity, if on the basis of

the information that is available, or on the basis of publicly available

information cannot reasonably determine that the account holder is active

non-financial entity, or a financial institution, other than an investment entity

According to the article, and point 4 (b). (b)) Annex No. 1 to this Act, that is not

the financial institutions of the participating State.



(b) specifying the persons) of the account holder. For the purposes of determining

persons of the account holder may notifying United financial

institutions make use of the information collected and retained in accordance with the procedures

AML/KYC.



(c)) to determine whether it is a controlling person of the passive non-financial entities

person to be notified. For the purposes of determining whether there is a controlling person of the passive

non-financial entities notified by the person notifying may Czech financial

an institution can only use affidavit of the account holder or the

the controlling person.



Section VII



Special due diligence rules



In the application of due diligence procedures listed above, the following

additional rules:



A. reliance on affidavit and documentary evidence. The notifying

Czech financial institutions must not rely on the affidavit or

the documentary evidence, if it is known or has reason to assume that the

affidavit or documentary evidence is incorrect or

unreliable.



B. alternative procedures for financial accounts eligible individuals

If the insurance contract with the capital value or the Treaty on

insurance pension and group insurance contract with capital

the value of the contract of insurance or a pension. Stating that the United

financial institutions may believe that the authorized natural person, other

than the owner, to the insurance contract with the capital value or the Treaty on

annuities, which receives the indemnity in case of death

of the insured person, the person is not notified and may dispose of such

in the financial account as an account other than the account if it does not have such

Announcing the Czech financial institutions current knowledge of or reason to

assume that the person is the person to be notified. The notifying

Czech financial institutions has reason to assume that the person entitled to

with a capital value of the insurance contract or the contract of insurance

the pension is to be notified by the person, if the information is collected

Announcing the Czech financial institutions and associated with the qualifying

person contain the indications referred to in section III of article b.

Announcing the Czech financial institutions has current knowledge of or reason to

assume that the person is notified by the person notifying

Czech financial institutions must keep the procedures referred to in section III of

Article B.



With the g/l account that is a member of the group insurance

the contract with the capital value or group contract of insurance

retired, stating that the Czech financial institutions may be treated as

financial account that is not such an account until the due date

the amount of staff/certificate holder or authorized person, if

g/l account that is a member of the group insurance contract

with the capital value or group pension insurance policy,

meets the following requirements:



I) group insurance contract with a capital value or group

the contract of insurance is concluded with an employer pension, and subject to the

with at least 25 employees/certificate holders,



(ii)) staff/certificate holders are entitled to receive any

the contract value related to their interests and to identify the beneficiaries,

to be paid in case of death of the employee's relevant filling and



(iii) the aggregate amount payable) any staff member/certificate holder

or the beneficiary does not exceed the amount equivalent to US $1 000 000.



The term "group insurance contract with a capital value" means the

a contract of insurance with a capital value of that: i) provides insurance

cover for individuals, which are the participants through

employers, sectoral associations, trade unions or other

associations or groups, and (ii)) stores a premium for each Member of the group,

or member of a specific subset within the group, which sets out without

regardless of the particular features of the health status of the Member, or

subgroup members, groups, other than age, gender and smoking habits.



The term "group contract of insurance" means a contract for the

annuities, according to which the beneficiaries are natural persons,

Parties through employers, sectoral

associations, trade unions or other associations or groups.



C. Rules for merging account balances and currency conversion



1. the Merging of the accounts of natural persons. For the purposes of determination of the aggregate balance

or value of financial accounts held by a natural person is telling you

Czech financial institutions required to consolidate all financial accounts held with

Announcing the Czech financial institution or with a linked entity, but only

in so far as information systems that States the Czech financial institutions

These financial accounts link the reference to the data item, for example. the number of the

the customer or the VAT REGISTRATION NUMBER, and allow you to merge the balances or values on accounts.

In order to meet the requirements to merge financial accounts, as referred to in

This point is each owner together held by g/l account


associated with full balance or the value of the g/l account held jointly.



2. the Merging of the accounts of entities. For the purposes of the determination of the total balance or

the value of financial accounts held by the entity is notifying United financial

the institution is obliged to take into account all financial accounts held with

Announcing the Czech financial institution or with a linked entity, but only

in so far as information systems that States the Czech financial institutions

These financial accounts link the reference to the data item, for example. the number of the

the customer or the VAT REGISTRATION NUMBER, and allow you to merge the balances or values on accounts.

In order to meet the requirements to merge financial accounts, as referred to in

This point is each owner together held by g/l account

associated with full balance or the value of the g/l account held jointly.



3. A special rule for merging valid for managers to come into contact with

customers. For the purposes of the determination of the total balance or value

financial accounts held by a person to determine whether the financial account

high-value account, in case of any financial

the account, for which the Manager for the customer knows or has reason to

assume that is directly or indirectly owned, controlled or established

the same person, not in the function of agent, is notifying United financial

institutions also required to merge all of these accounts.



4. the transfer of amounts into other currencies. All amounts denominated in

us dollars is to be understood as the equivalent amount in other

currencies converted exchange rate published by the Czech National Bank for the

day. ".



Article. (II)



Transitional provisions



1. the notification referred to in § 13 k Act No. 164/2013 Coll., in the version in force from

the effective date of this Act, does not serve in any calendar year 2015.



2. For the purpose of providing information about the collection and transmission of data in accordance with § 13s

paragraph. 1 of the law No. 164/2013 Coll., in the version in force from the date of acquisition

the effectiveness of this law, after the first notification to the tax authorities shall be deemed

notification by 2016 at the earliest.



PART TWO



Amendment of the Act on income taxes



Article. (III)



Act 586/1992 Coll., on income taxes, as amended by Act No. 35/1993

Coll., Act No. 96/1993 Coll., Act No. 157/1993 Coll., Act No. 196/1993

Coll., Act No. 323/1993 Coll., Act No. 42/1994 Coll., Act No. 85/1994

Coll., Act No. 114/1994 Coll., Act No. 259/1994 Coll., Act No. 32/1995

Coll., Act No. 87/1995 Coll., Act No. 118/1995 Coll., Act No. 149/1995

Coll., Act No. 248/1995 Coll., Act No. 316/1996 Coll., Act No. 18/1997

Coll., Act No. 151/1997 Coll., Act No. 209/1997 Coll., Act No. 210/1997

Coll., Act No. 227/1997 Coll., Act No. 111/1998 Coll., Act No. 149/1998

Coll., Act No. 168/1998 Coll., Act No. 333/1998 Coll., Act No. 63/1999

Coll., Act No. 129/1999 Coll., Act No. 144/1999 Coll., Act No. 170/1999

Coll., Act No. 225/1999 Coll., Constitutional Court, declared under no.

3/2000 Coll., Act No. 17/2000 Coll., Act No. 27/2000 Coll., Act No.

72/2000 Coll., Act No. 100/2000 Coll., Act No. 103/2000 Coll., Act No.

121/2000 Coll., Act No. 132/2000 Coll., Act No. 241/2000 Coll., Act No.

340/2000 Coll., Act No. 492/2000 Coll., Act No. 117/2001 Coll., Act No.

120/2001 Coll., Act No. 239/2001 Coll., Act No. 453/2001 Coll., Act No.

483/2001 Coll., Act No. 50/2002 Coll., Act No. 128/2002 Coll., Act No.

198/2002 Coll., Act No. 210/2002 Coll., Act No. 260/2002 Coll., Act No.

308/2002 Coll., Act No. 575/2002 Coll., Act No. 162/2003 Coll., Act No.

362/2003 Coll., Act No. 438/2003 Coll., Act No. 19/2004 Coll., Act No.

47/2004 Coll., Act No. 49/2004 Coll., Act No. 257/2004 Coll., Act No.

280/2004 Coll., Act No. 359/2004 Coll., Act No. 360/2004 Coll., Act No.

436/2004 Coll., Act No. 562/2004 Coll., Act No. 628/2004 Coll., Act No.

669/2004 Coll., Act No. 676/2004 Coll., Act No. 179/2005 Coll., Act No.

217/2005 Coll., Act No. 342/2005 Coll., Act No. 357/2005 Coll., Act No.

441/2005 Coll., Act No. 530/2005 Coll., Act No. 545/2005 Coll., Act No.

552/2005 Coll., Act No. 56/2006 Coll., Act No. 57/2006 Coll., Act No.

109/2006 Coll., Act No. 112/2006 Coll., Act No. 179/2006 Coll., Act No.

189/2006 Coll., Act No. 203/2006 Coll., Act No. 223/2006 Coll., Act No.

245/2006 Coll., Act No. 264/2006 Coll., Act No. 267/2006 Coll., Act No.

29/2007 Coll., Act No. 67/2007 Coll., Act No. 159/2007 Coll., Act No.

261/2007 Coll., Act No. 296/2007 Coll., Act No. 362/2007 Coll., Act No.

126/2008 Coll., Act No. 306/2008 Coll., Act No. 482/2008 Coll., Act No.

2/2009 Coll., Act No. 87/2009 Coll., Act No. 216/2009 Coll., Act No.

221/2009 Coll., Act No. 227/2009 Coll., Act No. 281/2009 Coll., Act No.

289/2009 Coll., Act No. 303/2009 Coll., Act No. 304/2009 Coll., Act No.

326/2009 Coll., Act No. 362/2009 Coll., Act No. 199/2010 Coll., Act No.

346/2010 Coll., Act No. 348/2010 Coll., Act No. 73/2011 Coll., the award

The Constitutional Court declared under no. 119/2011 Coll., Act No. 188/2011

Coll., Act No. 329/2011 Coll., Act No. 353/2011 Coll., Act No. 355/2011

Coll., Act No. 370/2011 Coll., Act No. 375/2011 Coll., Act No. 420/2011

Coll., Act No. 428/2011 Coll., Act No. 458/2011 Coll., Act No. 466/2011

Coll., Act No. 470/2011 Coll., Act No. 192/2012 Coll., Act No. 399/2012

Coll., Act No. 401/2012 Coll., Act No. 403/2012 Coll., Act No. 428/2012

Coll., Act No. 500/2012 Coll., Act No. 503/2012 Coll., Act No. 44/2013

Coll., Act No. 80/2013 Coll., Act No. 105/2013 Coll., Act No. 160/2013

Coll., Act No. 215/2013 Coll., Act No. 241/2013 Coll., legal measures

The Senate no 344//2013 Coll., Constitutional Court, declared under no.

162/2014 Coll., Act No. 247/2014 Coll., Act No. 267/2014 Coll., Act No.

332/2014 Coll., Act No. 84/2015 Coll., Act No. 127/2015 Coll., Act No.

221/2015 Coll., Act No. 375/2015 Coll., Act No. 377/2015 Coll. and act

No. 47/2016 Coll., is amended as follows:



1. in paragraph 2 of section 38f. 12, the words "(§ 38fa)" are deleted.



2. § 38fa, including title and footnotes # 105 repealed.



3. In article 38j para. 2 at the end of the text of subparagraph (e)) the following words "and

the taxpayer, who is a tax non-resident, the day of the termination of employment in the

The Czech Republic ".



4. In article 38j para. 2 at the end of the text of the letter f), the words "and

separately, the details of the remuneration of a member body of the legal person and

tax withheld from the remuneration, in the case of the taxpayer, that is a tax

a non-resident ".



Article. (IV)



Transitional provision



For the tax liability for income taxes in the tax year prior to the date

entry into force of this Act and for the tax period that began

before the date of entry into force of this law, as well as the rights and obligations with

related, the Act 586/1992 Coll., in the version in force

before the date of entry into force of this Act.



PART THREE



Repeal of the law on the exchange of information on financial accounts with the United

States of America for the purposes of tax administration



Article. In



Act 330/2014 Coll., on the exchange of information on financial accounts

United States of America for the purposes of tax administration, is hereby repealed.



Article. (VI)



Transitional provisions



1. To exchange information on financial accounts with the United States

of America for the purposes of the tax administration, as well as the rights and obligations with her

related, for calendar years before the date of entry into force of this

the law, the Act 330/2014 Coll., in the version in force before the date of

entry into force of this Act.



2. With a financial account that announcing the Czech financial institutions led

the date referred to in the international contract pursuant to § 1 (1). 3 of Act No.

330/2014 Coll., in the version in force before the date of entry into force of this

of the Act, is not required to by the date specified in this international treaty

detect and report the federal tax identification number used

for tax purposes; If it is known, notify them.



3. If the notifying of the Czech financial institution known to the federal tax

identification number used for tax purposes in accordance with section 2, it shall notify

Instead, date of birth, if known.



4. With a financial account that announcing the Czech financial institutions led

the date referred to in the international contract pursuant to § 1 (1). 3 of Act No.

330/2014 Coll., in the version in force before the date of entry into force of this

the law, examine the notifying notified the Czech financial institutions accounts

not later than the date referred to in this international treaty.



5. notifying the Czech financial institutions shall be notified for calendar years 2015 and

2016 in accordance with an international agreement pursuant to § 1 (1). 3 of Act No.

330/2014 Coll., in the version in force before the date of entry into force of this

law, not participating in the name of the financial institution and the total amount of payments,

It pointed out in that calendar year, or brokered.



PART FOUR



The EFFECTIVENESS of the



Article. (VII)



This Act shall take effect on the date of its publication.



in from Arvind v. r..



Zeman in r.



Sobotka in r.