545/2005 Coll.
LAW
of 8 June. December 2005,
amending Act No. 586/1992 Coll., on income taxes, as amended by
amended, and some related laws
Change: 261/2007 Coll.
Change: 307/2013 Sb.
Parliament has passed the following Act of the Czech Republic:
PART THE FIRST
Amendment of the Act on income taxes
Article. (I)
Act No. 586/1992 Coll., on income taxes, as amended by Act No. 35/1993
Coll., the Act No. 96/1993 Coll., Act No. 156/1993 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. 167/1998 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. 222/1999 Coll., the finding of the 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. 115/2001 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. and Act No. 357/2005 Coll., amended
as follows:
1. In section 4, paragraph 4. 1 (a). (f)), the words "paragraph. 5 "shall be replaced by the words ' paragraph 4 '. 1. "
2. In section 4, paragraph 4. 1 at the end of the letter w) a comma is replaced by a dot and the
the following sentence "Similarly for revenues arising as a
consideration to minority shareholders in exercise of the right of the main
shareholders on the purchase of securities by the Special
^ According to the law), ".
Footnote No. 13d:
"13d) § 183i and following of Act No. 513/1991 Coll., the commercial code, in
the text of Act No. 216/2005 Coll. ".
3. In section 4, paragraph 4. 1 the letter y) including footnote No 4 d is added:
"y) interest income from mortgage bonds ^ 4 d), in which the
the conditions of issue, the issuer has undertaken to use the proper cover for the obligations of the
These mortgage bonds only claims (or their
part) of mortgage loans, which were made available exclusively on
financing of investments in real estate, including their acquisition or
construction, or to the financing of housing needs under section 15(2). 3 of this
the law. (Provisions shall apply mutatis mutandis to the interest income from similar
instruments issued abroad.)
4 d) Law No. 190/2004 Coll. on bonds, as amended
regulations. ".
4. In section 4, paragraph 4. 1 letter zd) is added:
"zd) revenue arising as a replacement for an easement arising from the Act
or by decision of a public body under a special legal regulation, and
revenue as compensation for the expropriation on the basis of the Special
^ law 4 c) ".
5. In section 4, paragraph 4. 1 (a). from the word "stock)" shall be replaced by the words "domestic
or foreign public market, which deals with these currencies
are carried out ".
6. In section 5 (3). 4 at the end of the last sentence of the text, the words "and
the advance of these income withheld the payer of the tax under section 38h shall be counted at the
the taxpayer in the tax liability to taxation in period in which
will be paid or received "and at the end of the paragraph, the following sentence
"Similarly in the determination of the tax base and the accounting income
from dependent activities and emoluments. ".
7. In section 5 (3). 10 (a). and for the first sentence) word "offsetting"
the words "fusion with the obligation for the rights of one person,".
8. In section 7 at the end of paragraph 4, the dot is replaced by a comma and the following
the words "and to the provisions of § 19 paragraph. 1 (a) (g)). "
9. In section 7 paragraph 9 is added:
"(9) shall not apply to expenditure incurred by a taxpayer on provably achieve,
ensure and maintain income, may apply, with the exception referred to in
section 11 or 12 of
and 80% of income) referred to in paragraph 1 (b). and)
(b)) 60% of the income from the business of craft ^ 8),
c) 50% of the income referred to in paragraph 1 (b). (b)), with the exception of income from
business craft ^ 8),
d) 40% of the revenue referred to in paragraph 1 (b). (c)) or from the revenue referred to in paragraph
2 (a). and with the exception of income) referred to in paragraph 8, or from the revenue referred to in
paragraph 2 (a). b) to (d)).
The way the application of the expenditure under this paragraph cannot be retroactively changed. ".
10. In section 7 (2). 10 the first sentence, the word "amounts" shall be replaced by
"amount".
11. In section 7 at the end of paragraph 15 the following sentence "Leads to each of the
the participants of the Association, which is not a legal person (article 12), the tax
Register, may lead and tax records, which recorded the common
revenue and expenditure to achieve a common, ensure and maintain income;
Yet at the end of the reporting period or in their activities in the course
of the reporting period, to your tax records to share common
revenue and market share of the joint expenses, reinsurance and
maintaining revenue. ".
12. In Section 7a, paragraph. 1 the first sentence, after the word "persons", the words "with the
the exception referred to in paragraph 2 ", the number" 1 0000 0000 ' shall be replaced by the number
"5 0000 0000" and the words "or is not a payer of value added tax in accordance with
special legal regulation ^ 9 d), "shall be deleted.
13. In Section 7a, paragraph. 1 the second sentence with the number "5" shall be replaced by the number "7".
14. In Section 7a, in paragraph 1, the following paragraph 2 is added:
"(2) if the activities of the taxpayer referred to in paragraph 1 for the cooperation
the other spouse may, on the determination of the flat-rate amount tax apply
the cooperating spouse (wife). In this case, the projected revenue
and the estimated expenditure divided into cooperating spouse (wife)
the proportions laid down in accordance with § 13. Nontaxable part of the tax base under section
15, tax rebate under section 35ba or a tax rebate under section c and 35 c shall apply
the taxpayer and the cooperating spouse separately. ".
Paragraphs 2 to 7 shall become paragraphs 3 to 8.
15. In Section 7a, paragraph. 3 the first sentence, the words ", and that the rate under section 16(1).
1 "shall be deleted.
16. In Section 7a, paragraph. 3, the second sentence shall be deleted.
17. In Section 7a, paragraph. 3 the third sentence, the words "of the projected tax free
part of the tax base under section 15 or a tax advantage provided for in section c and 35 c "
replaced by the words "or of the projected tax free part of the tax base
under section 15 ".
18. In Section 7a, paragraph 3, the following paragraph 4 is added:
"(4) of the difference between projected revenue and projected spending
adjusted in accordance with paragraph 2, the tax is calculated at the rate of tax under section 16(1).
1. The calculated tax is further reduced by the anticipated tax rebate under section
35ba, or on the anticipated tax rebate under section c and 35 c, applied
the taxpayer requests for determination of tax lump-sum amount referred to in paragraph
1. The right to the application of tax under section c and 35 c with bonus
in determining the amount of the flat-rate tax, information shall be disregarded. The tax provided for a flat-rate
the amount shall be, even after a reduction in the estimated discount applied to the tax
pursuant to section 35ba and c and 35 c, at least 600 CZK per tax period. ".
Paragraphs 4 to 7 are renumbered as paragraphs 5 to 8.
19. In Section 7a is added at the end of paragraph 7, the phrase "If the taxpayer
a payer of value added tax shall be obliged to keep a register under
special legislation governing value added tax ^ 9 d). ".
Footnote No. 9 d:
"9 d) Act No. 235/2004 Coll., on value added tax, as amended by
amended. ".
20. In Section 7a, paragraph. 8, the words "31. may "shall be replaced by" 15.
December ".
21. In section 7 c of paragraph 1. 4 (b). (e)), after the words "that", the words "and after
part of the reporting period "and the word" preparing "shall be replaced by the word
"prepared".
22. In section 7 c at the end of paragraph 4, the dot replaces the comma and the following
the letter j) is added:
"(j)) that does not have other income in accordance with section 7 (2). 1 (a). and (b))), or (c)) than
income from forestry or from grants, subsidies, grants, or from
contributions, which are not referred to in section 4, paragraph 4. 1 (a). t) be exempt from the
taxes. ".
23. In section 7 c, the following paragraph 5 is added:
"(5) the provisions of paragraphs 1 to 4 shall not apply to the taxpayer referred to in
§ 2 (2). 3, if the aggregate of his income from sources within the territory of the Czech Republic
(section 22) is less than 90% of all his income with the exception of revenue, which
are not subject to tax, or are exempt from tax, or income,
which is levied by deduction under special tax rates. "
24. In article 9 paragraph 4 is added:
"(4) does not apply if the taxpayer expenses incurred to achieve proven,
ensure and maintain income, can apply at the rate of 30% of income
referred to in paragraph 1. ".
25. In section 10, paragraph 1. 1 (a). (b)), the word "and" shall be replaced by a comma and the words
"security" with the words "and revenue as compensation expense
minority shareholders in exercise of the right of the main shareholder buyout
securities under special legislation ^ 13d) ".
26. In section 13, the last sentence shall be replaced by the phrase "income and expenditure cannot be
split the kids up to the end of their compulsory schooling and the
children in the calendar months in which the tax is applied on them
benefits under section c and 35 c and 35d, or to the husband (wife), if it
(a) in the taxation period applied discount for tax under section 35ba paragraph.
1 (a). b).".
27. In section 13, the current text becomes paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) the cooperating person when determining the minimum base
tax under section 7 c mutatis mutandis; While for the purposes of this Act, the
cooperating persons for the initiation or termination of the activities referred to in section 7 of the
paragraph. 1 (a). and (c))) considers the initiation or termination of the cooperation referred to in
paragraph 1. ".
28. In article 15, paragraphs 1 to 4 shall be deleted.
Paragraphs 5 to 11 shall become paragraphs 1 to 7.
29. In section 15(2). 1 the first sentence and section 20 (2). 8 the first sentence, the words ", at the
rehabilitation and prosthetic AIDS unpaid health insurance, "
replaced by the words "or are minor children long hard
disabled, requiring extraordinary care according to the specific
^ Law 113), on medical devices ^ 114) up to
the amount of unpaid health insurance companies or rehabilitation and
compensatory aids referred to in the special legislation ^ 115) maximum
the amount of the unpaid contribution from the State budget. "
Footnote No. 113, 114 and 115 shall be added:
113) Law No. 155/1995 Coll., as amended.
Decree No. 284/1995 Coll., implementing the law on pension
the insurance.
114) Law No. 123/2000 Coll., on medical devices, as amended by
amended.
115) § 33 of Decree No. 182/1991 Coll., implementing the law on the social
security, as amended. ".
30. In section 15(2). 3 the first sentence, the words "and the change of ^ 32)" shall be replaced by the words
"even for a change ^ 32)".
31. In section 15(2). 4 is the number "10" is replaced by "3".
32. In section 15(2). 5 the first sentence, the words ' payment of contributions "shall be replaced by
the words "post paid".
33. In section 15, at the end of paragraph 5, the following sentence "If the revenue payer
its pension plans disappear without a right to a pension or of a lump
compensation and at the same time the revenue payer paid surrender, then entitled to
the application of the deduction of the tax free part of the tax base and income
pursuant to section 10 in the taxation period in which this has occurred,
are the amount by which the revenue payer in the relevant years was due to the
paid contributions to the pension insurance with State
the contribution of the tax base is reduced. "
34. In section 15(2). 7 the first sentence, the words "a member of the trade union organization of this
the organization according to its statutes, which pursues activities consisting of
in defense of economic and social interests "shall be replaced by the words" paid
in the taxable period a member of the trade union organization of the trade union organization,
which, according to its articles of Association advocates economic and social interests ".
35. In section 15(2). 7 the second sentence, after the words "income", the words
"under section 6".
36. In section 16, paragraph 1 reads:
"(1) the tax base of Tax reduction on the part of the tax base (nezdanitelnou §
15) and deductible items from the tax base (section 34) rounded up or down to
the entire $ 100 down shall be:
The tax base Of Tax base
from EUR to Czk overset
00 121 200 12%
121 200 218 400 14 544 CZK + 19% 121 200 Czk
218 400 331 200 33 012 CZK + 25% 218 400 Czk
331 200 or more 61 212 USD + 32% to CZK 331 200. ".
37. In section 18, paragraph. 3, the words "(a). from) "shall be replaced by the words" (a). ZD) ".
38. In section 19, paragraph. 1 (a). l):
"l) interest income on mortgage bonds, in which emission
the conditions of the issuer has undertaken to use the proper cover for the obligations of the
mortgage bonds only claims (or parts) of the
mortgage loans, which were made available exclusively to the financing of
investment in real estate, including their acquisition or construction, or to
financing of housing needs under section 15(2). 7 of this Act.
(Provisions shall apply mutatis mutandis to the interest income from similar
instruments issued abroad.) ".
39. In § 19 paragraph. 1 (a). y), the words "paragraph. 5 "shall be replaced by the words ' paragraph 4 '.
1. "
40. In § 19 paragraph. 1 at the end of point (a) is replaced by a comma changed) dot and
the following point zn), which read:
"zn) revenue arising as a replacement for an easement arising from the Act
or by decision of a public body under a special legal regulation, and
revenue as compensation for the expropriation on the basis of the Special
^ law 4 c) ".
41. the footnote No. 93:
' 93) Council Directive 90/435/EEC of 23 July. July 1990 on the common
the system of taxation of parent companies and subsidiaries of different Member
States, as amended by Council Directive 2003/123/EC.
Council Directive 90/434/EEC of 23 July. July 1990 on the common system
taxation applicable to mergers, divisions and transfers of assets and exchanges of shares
as amended by Council Directive 2005/19/EC.
Council Directive 2003/49/EC of 3 June 2003. June 2003 on a common system of
taxation of interest and royalties between associated persons. ".
42. In § 19 paragraph. 3 (b). (b)), and (c)) and in section 19, paragraph. 4 is the number "24"
replaced by the number "12" and the number "20" is replaced by the number "10".
43. In section 19, paragraph. 4 (b). and the words ") zh)" shall be replaced by the words "to zi)".
44. In article 19, the following paragraph 8 is added:
"(8) the exemptions referred to in paragraph 1 (b). from), zi) to zk) can be under the conditions
referred to in paragraphs 3 to 7, for the company, which is a tax
a resident of another Member State of the European Union, use, mutatis mutandis, to
a company which is a resident of the Swiss Confederation or
the parent company resident of the Swiss Confederation, is to
the taxpayer under section 17, paragraph. 3; While the exemption referred to in paragraph 1
(a). zj) can be used from 1 January 2006. January 2011. When you use
exemption under this paragraph shall apply mutatis mutandis to the provisions of § 25
paragraph. 1 (a). ZK). ".
45. In section 20 (2). 8 at the end of the fourth sentence, after the words "§ 34"
the semicolon, and the words "in the case of the provision of the gifts to universities and
public research institutions can reduce the tax base by not more than the other
5 %.".
46. In section 20b is added at the end of paragraph 1, the sentence "this provision
does not apply to pension funds. ".
47. In section 22 to the end of paragraph 2, the following sentence is added: "If the
the person is in the territory of the Czech Republic on behalf of the taxpayer as referred to
in section 2 (2). 3 and § 17 paragraph. 4 and has and usually carries a permission
to conclude treaties, which are binding for the taxpayer, it is considered
that this taxpayer has a permanent place of business in the territory of the Czech Republic, and
in relation to all the activities that a person in the territory for the taxpayer
The Czech Republic is performed. ".
48. In section 23, paragraph. 3 (b). and the second sentence of point 6), the word "reimbursement"
the words "or rights with obligations for the fusion of one person" and
the word "not" shall be inserted after the words "the same amount."
49. In section 23, paragraph. 3 (b). and the first sentence of point 12),
"netting,", the words "fusion of rights with responsibilities for one
the person, "and at the end of the text of the first sentence, the words" or of the
the amount of the commitment does not increase the result referred to in section 10. "
50. In section 23, paragraph. 3 (b). (b)) at the end of paragraph 1, a comma is replaced by a dot and the
the following sentence "For the demise of claims for the purposes of this provision, the
considered her assignment, ".
51. In section 23, paragraph. 4 (b). and the second sentence, the words) "bond, ^ 35a)"
replaced by the words "bond ^ 35a) and like securities abroad,
of dividends and the liquidation of the balance of shares or similar performance
arising from abroad ".
52. In section 23, paragraph. 6 (a). and (b))) for the word "section 31", the words
"paragraph. 1 (a). and) ".
53. In section 23, the following paragraph 17, which reads as follows:
"(17) for taxpayers who keep accounting records, with the result
does not modify the value of the difference of the changes in fair value in accordance with the Special
the law ^ 20)
and) security with the exception of the Bills of Exchange
(b)) and part of derivative assets and the obligation secured by a derivative,
(c) the obligation to return a valuable paper) that it was verified that the taxpayer and to the point
the awards it back,
(d)) financial investments and technical reserves for taxpayers, who have
the authorisation to operate an insurance or reinsurance activities referred to in
special legal regulation ^ 89). ".
54. Section 23a, paragraph. 5 (a). (b) the second sentence and in the) section 23 c of paragraph 1. 8 (a). (b)) the sentence
Second, the words "the period", the words "or the period for
which is a tax return ".
55. In section 23a, paragraph. 5 (a). (c)) and in section 23 c of paragraph 1. 8 (a). (c)), the words "and
seq. "shall be replaced by" to 5 ".
56. In paragraph 23d. 3 at the end of the following sentence "Similarly in the
If the transferring company converts share in receiving
the company, which has gained for the transferred undertaking or its separate
part, or part of a deposit corresponding to the increase of its share in the basic
the capital of the receiving company, which acquired the firm for the transferred
or a separate part, in less than 3 years prior to the
the transfer of the undertaking or its separate parts. ".
57. In section 24, paragraph. 2 (a). (d)), after the words "special legal
^ 96) Regulation ", the words" and to the Economic Chamber of the Czech Republic and the
The agrarian Chamber of the Czech Republic. "
58. In section 24, paragraph. 2 (a). h) point 1, after the word "depreciation", the words
"under the special law ^ 20)" and the words "in accordance with the Special
^ Law 70) "shall be inserted after the words" (hereinafter referred to as "lease contract
company ")".
59. In section 24, paragraph. 2 (a). j) point 4 shall be inserted after the first sentence the phrase
"A contribution to the meals can be claimed as an expenditure (load) on the other
one meal for the employees, if the length of his shifts in the aggregate with the mandatory
the break in the work that the employer is obliged to provide the
employees under special legislation ^), 110a longer than 11
hours. ".
Footnote No. 110a:
"110a) section 89 of the labour code".
60. In section 24, paragraph. 2 (a). (j)), paragraph 4, the third sentence, after the word "which"
the words "in the course of a shift."
61. In section 24, paragraph. 2 (a). with the third sentence be deleted).
62. In section 24, paragraph. 2 (a). t) is the second sentence shall be replaced by the phrase "in the sale
assets, the entry price and the purchase price of the land is under this
provision expense (cargo) only up to the amount of income from the sale of an individual
assets, this asset is acquired or transformation or
then the subsequent charge deposit or conversion (cargo) input
the price and the purchase price for the land registered before the first insertion
or the first transformation without the influence of fair value ^ 20), and in the
the amount of revenue from the sale of individual assets. ".
63. In section 24, paragraph. 2 letter zg) is added:
"zg) expenditure (costs) to the transport of employees to and from the
employment provided by the employer own or rented
means of transport or a means of transport of the contracting carrier. For
means of transport for the purposes of this provision shall be considered as motor
vehicles for the transport of ten or more persons ".
64. the footnote No. 95 including links to it is deleted.
65. In section 24, paragraph. 2 (a). ZP) the second sentence is the number "5" shall be replaced by
"1".
66. In section 24, paragraph. 2 at the end of point (a) is replaced by a comma, dot, zt) and
the following letter zu), which read:
"zu) expenditure (costs) to the temporary accommodation of the employee, except
temporary accomodation in a family house or apartment, and it's up to the
3 500 CZK per month, unless the accommodation when the mission, provided
as a non-monetary performance of employees by the employer in connection with the
the performance of the work, if the municipality is not the same as the transitional accommodation of municipalities, where
the employee is domiciled. ".
67. In section 24, paragraph. 4 (b). (b)) (a). 5 (a). and the first sentence),
the "section 31", the words "paragraph. 1 (a). and) ".
68. In section 24, paragraph. 4, the final part of the provision in the first sentence the following
the phrase "when you change the depreciation period (section 30) for the purposes of determining the minimum
the duration of the financial leasing and subsequent purchase of the leased tangible with
assets under subparagraph (a)) and the amount of the purchase price referred to in point (b))
the depreciation period applicable at the time of conclusion of the contract. ".
69. In section 25, paragraph. 1 (a). (f)), for the word "penalty", the words ",
default interest ".
70. In section 25, paragraph. 1 (a). k), the words "(a). (j)) ", the words" and
zu) ".
71. In article 25, the following paragraph 3 is added:
"(3) the provisions of paragraph 1 (b). w) shall also apply to the interest on the loans and the
interest paid on the basis of the amendments, amending the
loans or credit, contracted after 1. January 2004 to contracts issued
prior to that date. ".
72. In section 26, the following paragraph 10 is added:
"(10) the tangible property become the things referred to the status of an eligible
normal use, which means the completion of the stuff and meet the
the technical functions and responsibilities established by law
the regulations for use. ".
73. In section 29. 1 in the text in subparagraph (a). and (f))) up to the words "(with the exception of
money funds managed by business entities established or
resident abroad) "shall be replaced by the words" with the exception of cash funds
managed business entities located or resident in
abroad (hereinafter referred to as "public resources") ".
74. In section 29. 2 the words "pursuant to section 28, paragraph. 5 "shall be replaced by" referred to in
section 28 paragraph. 6. "
75. In section 29. 6 the following is added at the end of the sentence: "This
the provisions shall not apply, if the termination of the lease by reason of
purchase of the lease by the lessee, which includes net prize
technical evaluation of depreciable in the input prices under section 29. 1
(a). a).".
76. In section 31, at the end of paragraph 6 the following sentence "For the first owner
tangible movable property and the taxpayer that this property
bought or produced for own account. '.
77. In section 32a is a dot at the end of paragraph 2 is replaced by a comma and the following
the words "and further on the greenhouse gas emissions permit ^ 116) or
the preferential limit ^ 117), which is, in particular, the individual reference
the quantity of milk production quota, individual and individual limit
premium rights under special legislation ^ 117). ".
Footnote No. 116 and 117:
"116) Act No. 695/2004 Coll., on conditions for trading on the
emissions of greenhouse gases and on amendment to certain laws.
117) Law No 256/2000 Coll., on the State agricultural intervention fund and the
on the change of certain other laws (the law on the State farm
the intervention fund), as amended, and the regulations it
performing. ".
78. In section 32a is inserted after paragraph 4, a new paragraph 5 and 6 are added:
"(5) Depreciation in accordance with paragraph 4 shall be determined with an accuracy of whole months,
starting the following month after the date on which the conditions were met for the
depreciation; While the taxpayer that has a right to use intangible assets
negotiated the Treaty for a fixed period, has the option to provide for depreciation
the nearest days. At the start of (their) depreciation in the course
the reporting period can be applied only in the amount of depreciation attributable to the
This tax period, depending on the determination of the accuracy of the
depreciation. Depreciation shall be rounded up to whole Crown.
(6) the technical assessment increases the input price of intangible assets;
for the technical evaluation shall be considered as expenditure on completed extension
amenities or the applicability of the intangible assets or interventions that
to change the purpose of the intangible assets, if after the termination of the
the individual intangible assets exceed the amount of $ 40,000. The taxpayer
continues the depreciation of intangible assets from increased input prices
minus the depreciation has already applied from the month following the month in the
which the technical evaluation completed, and evenly without interruption
After the remaining depreciation period provided for in paragraph 4, but at least
and audiovisual works) for a period of 9 months,
(b)) software and intangible results of research and development for a period of 18 months,
(c)) other intangible assets for a period of 36 months.
Technical evaluation completed on some intangible assets is no longer
depreciated separately after the period referred to in points (a) to (c)).) When
extension of the period of use of the rights stipulated in the Treaty for a fixed period
increase the value of the technical evaluation of the taxpayer input price and
continues the depreciation of intangible assets from increased input prices
minus the depreciation has already applied from the month following the month in the
which was the right to the use of the extended, and evenly without interruption to
the end of the newly agreed usage rights. ".
The present paragraph 5 shall become paragraph 7.
79. § 32b:
"§ 32b
The rental company
(1) a tenant who has leased undertaking or part of an undertaking forming
a separate organizational folder under special legislation ^ 70)
(hereinafter referred to as the "leased"), on the basis of the contract on the lease of the holding, and
at the same time has the written consent of the lessor to depreciation, will use when
the application of depreciation of tangible assets and intangible assets reasonably
the provisions of this law on the depreciation in ensuring the transfer of an undertaking
rights.
(2) the excess of the if in the case referred to in paragraph 1 under the special depreciation
^ law 20) applied by the lessee, the rent, the lessee shall
to increase the tax base of the difference between depreciation according to a special legal
^ Regulation 20) and the rent, if it is not about the difference charged to income.
For purposes of determining the rent of the difference shall be reduced by the part to
payment of another commitment to the lessor leased undertaking than the commitment of
the title of the rent, and for the payment of the obligation is not posting
rent debited from the account of a long-term commitment.
(3) if the lessee to the lessor shall stipulate the outsourced enterprise value
of the claim or the part that passes to the lessee under the Special
^ Law 70) on the basis of the contract on the lease of company is the lessee
required to increase the value of the claim or part of the transferred basis
the tax, if the value of the claim or part of a posted at
the tenant under a special legal regulation, ^ 20) for the benefit of the proceeds.
(4) if the lessor shall stipulate the obligation or part of captured on
balance sheet accounts, which passes to the lessee according to a special legal
^ code 70) on the basis of the contract on the lease of company is the lessor
required to increase the value of the transferred undertaking or part of the basis
the tax, if the value of the undertaking or its part by the lessor
posted under special legislation ^ 20) for the benefit of the proceeds.
This shall not apply to obligations from the contractual fines and default interest
other penalties of contractual relations and obligations, of which the title
the expenditure incurred (expense), but is the cost (expense) to achieve, ensuring
and maintaining taxable income only if he was paid.
(5) the provisions of paragraphs 1 to 4 shall apply only to taxpayers who
lead accounting. ".
80. In § 34 paragraph 4, the following paragraph 5 is added:
"(5) research and Development Project, whose implementation can be applied
the deduction referred to in paragraph 4, means a written document in which the
the taxpayer before the start of the project research and development shall be defined by its
activities in research and development and, in particular, that contains the basic
identification of the administrations, which are the business name or
the name of the taxpayer, his residence and identification number, if assigned,
where appropriate, the name and surname of the taxpayer, if the taxpayer is a physical person,
the place of his permanent residence and place of business, the period of the project
(start date and end date of the project), the objectives of the project, which
are achievable in the time of the project, and the vyhodnotitelné after its
their anticipated total expenses (costs) to the solution and project
estimated expenditure (costs) in each year of the project,
name and surname of the person who will expertly provide project solution with
an indication of their qualifications and forms of employment to
the revenue payer, how monitoring and evaluation procedure of the project and
the results obtained, the date, place, name and surname of the authorised person,
the project approved before the start of its solution; authorised person
means the taxpayer is a physical person, or a person exercising the
the function of the statutory authority of the taxpayer or his or her member. ".
Paragraphs 5 to 9 shall be renumbered 6 to 10.
81. In § 34 paragraph. 7 and 8, the words "paragraph 3" shall be replaced by the words "paragraphs
3 to 6 ".
82. In section 35, the following paragraph 6 to 8, including footnotes
No. 118:
"(6) the taxpayer referred to in § 2 and 17, who are at the same time the mandatory
entities pursuant to special legal regulation ^ 118), and up to 30. June 2006
will launch the register under a special rule
^ Regulation 118), the tax for the tax period in which the registration
the Treasury took, reduced by half its purchase price, up to a maximum
However, about 8 000 CZK for one register. Discount on the tax can be applied only when the
the first commencement of operation of the register.
(7) the taxpayer referred to in § 2 and 17, who are at the same time the mandatory
entities pursuant to special legal regulation 118) and ^ 31. December 2006
the technical assessment made by them have not yet used by the Treasury to meet the
the conditions laid down by a special legal regulation) ^ 118 tax
the tax period in which the technical evaluation was completed (section 33),
reduced by 30% of the value of the technical evaluation, a maximum of 4 000
CZK on one register.
(8) If a discount pursuant to paragraphs 6 and 7 to apply in the year when the right to
the discount was created because of that, the taxpayer reported a tax loss or tax
less than the discount in accordance with paragraphs 6 and 7, you can discount or its remaining
part of the exercise in the taxable period in which the taxpayer
tax reports, but not in the three tax periods immediately
following the tax period in which the entitlement to the rebate.
118) Law No 215/2005 Coll. on registers, in the text of the Act
No 358/2005 Sb. ".
83. under section 35b a new section is added to the 35ba, which reads as follows:
"§ 35ba
(1) the taxpayer referred to in section 2 of the tax calculated under section 16, or
reduced in accordance with section 35, 35a or § 35b for the tax period is reduced by the amount of
and 7 200 CZK per taxpayer),
(b)) 4 200 CZK for a wife (husband), living with the taxpayer in the household,
If it does not have its own income of more than $ 38 040 for the tax period;
If the wife (husband) the holder of a licence of the emergency benefits (III).
degree (especially heavy with the need for disability Guide)-card ZTP/P
(hereinafter referred to as "the card ZTP/P), increases the amount of 4 200 CZK for double. To
your own spouse's income, the increase in income for the
impotence, the benefits of State social aid benefits and social services
care, State contributions to pension insurance with State
contribution ^ 9a), State contributions according to the law on building savings and
State support of building savings ^ 4a) and the scholarship provided by the
learners constantly forming on the future of the profession. In the case of spouses,
who have assets in the common property of the spouses, to your own income
the wife (husband) does not include income that flows to the other spouse
or, for income tax purposes be deemed income of the other spouse,
(c) 1 500 Czk), if the taxpayer receives a partial disability pension from the
pension insurance pursuant to the Act on pension insurance ^ 43) or
If the claim has lapsed to a partial disability pension because of the overlapping claim to the
the payment of the partial disability pension and old-age pension,
d) 3 000 CZK, if the taxpayer receives the full invalidity pension or other pension
from pension insurance pursuant to the Act on pension insurance ^ 43),
which one of the conditions is that the Declaration is fully disabled, ceases to
entitlement to a full disability pension because of overlapping entitlement to payment of the
the full disability pension and old-age pension or taxpayer under
specific legislation fully wheelchair, but his request for full disability
the pension was rejected for reasons other than because it is not fully
disability,
9 600 Czk), if the taxpayer holds an identity card ZTP/P,
(f) 2 400 Czk) for the taxpayer, after the time that consistently prepares to
the future of the profession by studying or prescribed training, up to the completion of the
age 26 years or after a period of full-time study in a doctoral study
Programme, which provides higher education up to the age of 28
years. Systematic preparation time on the future of the profession by studying or
the prescribed training means the period mentioned under special laws
^ rules 14 d) for the purposes of State social aid.
(2) the amount referred to in paragraph 1 (b). and shall not diminish the tax) the taxpayer,
which old-age pension from the pension insurance according to the law on pension
insurance ^ 43) or from the compulsory insurance of the same type
more than 38 040 CZK per year. If the old-age pension does not exceed 38 040 Czk
per year shall be the amount referred to in paragraph 1 (b). and according to this).
paragraph does not flow for taxpayers who at the beginning of the reporting
period are not beneficiaries of the retirement pension and old-age pension to them
nor was not granted retroactively to the beginning of the reporting period.
(3) the taxpayer referred to in § 2 (2). 2, to which the revenue
included in a separate tax base under section 8 (2). 4 or § 10 (1).
8, the tax on this basis does not reduce the amounts referred to in paragraphs 1 and
2. in the case of the taxpayer referred to in § 2 (2). 3 the tax reduced for tax
the period of the amounts referred to in paragraph 1 (b). b) to (e)), if the sum of its
income from sources within the territory of the Czech Republic according to § 22 shall be at least 90% of the
all of its revenue with the exception of income not subject to tax in accordance with
§ 3 or 6, or are exempt from tax under section 4, 6 or 10, or
income from which tax is levied by deduction under special tax rates.
(4) the taxpayer can apply the tax reduction provided for in paragraph 1 (b). (b))
(f)), the amount of one twelfth for each calendar month, on
the beginning of the conditions for entitlement to a tax reduction
met. ".
84. In paragraph c and 35 c. 1, the first sentence shall be inserted after the phrase "the taxpayer tax
advantage reduces the tax determined in accordance with section 16, where appropriate, reduced pursuant to section
35 or § 35ba. ".
85. In paragraph c and 35 c. 4, the first sentence, the words "minimum wage; ^)"
replaced by the words "minimum wages established for employees odměňovaného
monthly wages at the beginning of the relevant tax year and not put up with
regard to the time worked and other factors, according to a special
the legislation governing the amount of the minimum wage ^ 111) (hereinafter referred to as
"minimum wage"); ".
Footnote No. 111:
"111) § 111 of the labour code.
Government Regulation No. 303/1995 Coll., on the minimum wage, as amended
regulations. ".
86. In paragraph c and 35 c. 8 the first sentence is the number "7" shall be replaced by the number "6".
87. In paragraph c and 35 c. 8 the first sentence, the words "nezdanitelnou part of the base
tax under the conditions referred to in section 15, paragraph. 1 (a). (b)) "shall be replaced by
"the tax rebate in compliance with the conditions referred to in section 35ba".
88. In paragraph c and 35 c. 8 the second sentence, the words "nezdanitelnou part of the base
tax under section 15(2). 1 (a). (b)) "shall be replaced by the words" discount on taxable
compliance with the conditions referred to in section 35ba ".
89. In paragraph c and 35 c. 9, the last sentence shall be deleted.
90. In section c and 35 c, the following paragraph 12, which read:
"(12) If the sum of the monthly tax bonuses paid pursuant to section 35d for
the taxpayer making the tax return exceeds the amount of the tax
the bonus calculated for the tax period, the resulting difference
tax arrears; If the taxpayer, which were paid monthly
tax bonuses, qualify for a tax benefit for the tax period in the tax
the award does not apply at all, they are considered tax underpayment amounts in
the amount of the monthly tax bonuses paid. ".
91. In section 35d, paragraphs 1 to 5 shall be added:
"(1) the taxpayer with income under section 6 may, in calculating tax under
section 38h paragraph. 3 claim the tax reduction under section 35ba paragraph. 1 (a).
and (c))) to (f)) and to the tax advantage.
(2) the advance payment on tax calculated in accordance with this Act shall be reduced in the case of persons with
the signed declaration to tax according to § 38 k of paragraph 1. 4 the amount of
corresponding to one-twelfth of the amount provided for in § 35ba paragraph. 1 (a).
and (c))) to (f)) (hereinafter referred to as "the monthly discount for tax under section 35ba") and the tax
benefits in an amount corresponding to one twelfth of the amounts provided for in section
c and 35 c (hereinafter referred to as "monthly tax advantage"). Monthly tax advantage
the payer shall provide the revenue payer in the form of a monthly discount on taxable under section c and 35 c,
monthly tax bonus or monthly discounts on tax under section c and 35 c and
monthly tax bonus.
(3) Monthly tax rebate under section 35ba shall provide the tax payer
the revenue payer, up to the amount of tax calculated under section 38h
paragraph. 2. the monthly tax rebate under section c and 35 c will provide tax payer
the revenue payer, up to the amount of tax calculated under section 38h
paragraph. 2 and minus the monthly tax rebate under section 35ba.
(4) if the amount of tax calculated under section 38h paragraph. 2 and minus the
monthly tax rebate under section 35ba less than the amount of the monthly tax
advantage is the difference resulting from the monthly tax bonus. Monthly tax
the bonus can be paid if the amount is at least $ 50, up to a maximum
up to 2 500 CZK per month. The taxpayer is required to pay the revenue payer
monthly tax bonus in the amount established by this Act for the payment of revenue
from dependent activities and functional benefits, if their total paid
or zúčtovaný this payer for the calendar month (section 38h paragraph.
1) reaches for the taxpayer at least half of the amount of the minimum wage,
rounded down to the whole of the Crown (hereinafter referred to as "half of the minimum wage").
These do not include the revenue from the tax exempt income and revenue from
which is levied by deduction under special tax rates.
(5) paid monthly tax bonus tax payer reduces the payment of advances on
tax for the relevant calendar month. If you cannot claim the taxpayer
to satisfy from the total volume of advances on tax, the taxpayer is obliged to
pay monthly tax bonus or part of the revenue payer of your own
financial resources. Of these amounts reduce the payments of advances of tax administrators
taxes in the following months, until the end of the reporting period,
If neither the tax administrator of the remittance of the amount on form missing
issued by the Ministry of finance. In proceedings on the request progresses
the tax administrator, mutatis mutandis, when the return of the overpayment in accordance with the Special
the law on tax administration ^) and the corresponding amount of 35e vratitelného
overpaid tax payer remitted no later than 20 days from the delivery of
request. ".
92. In paragraph 35d. 6 the first sentence, after the word "tax" shall be inserted after the words "in accordance with
section c and 35 c "and the words" tax calculated in accordance with this law "
replaced by the words "of the tax calculated under section 16(1). 1 and minus the discount on
tax under section 35ba ".
93. In paragraph 35d. 6 the second and the last sentence shall be replaced by the phrases "If
entitlement to tax benefits higher than the calculated tax reduced by a discount on
tax under section 35ba, the taxpayer shall be entitled to payment of a tax bonus, just
If the aggregate of his income from dependent activity and functional benefits from all the
tax payers in the past period, of which his tax payer
performs the annual clearing of advances and tax breaks has reached at least
six times the minimum wage. If a taxpayer, other than revenue
coverage and income from which tax is levied a special tax rate,
It does not have other income under section 7 to 10 higher than 6 USD, total revenue from the
dependent work and emoluments in the period reached
at least six times the minimum wage, the taxpayer paid monthly
tax bonuses in calendar months in which the sum of its revenue reached
at least half of the amount of the minimum wage, a already claim. ".
94. In section 35d paragraph. 7, the first sentence is replaced by the phrases "during the annual
clearing of advances and tax breaks under section 38ch tax payer for
taxpayer's first tax provided for under section 16(1). 1 shall be reduced by a discount on
tax under section 35ba, and calculates the amount of the discount on the tax under section c and 35 c and tax
the bonus. The reduced tax on tax rebate under section 35ba then reduced by a discount on
tax under section c and 35 c, and thus calculated the tax after discount compares with the sum of
deposit withheld taxes. ".
95. In section 35d paragraph. 8 the first sentence, after the word "tax", the words "after the
discount ".
96. In section 35d paragraph. 9 second sentence, the word "requests" is replaced by "on the
These amounts reduce the payments of advances on to the tax authorities in the following
months, until the end of the reporting period, if requested. "
97. In section 35d paragraph. 9 the third sentence, after the word "amount", the words
"vratitelného" and the number "overpayment 15" are replaced by "20".
98. In section 35d paragraph. 9 the last sentence, after the word "tax", the words "after the
discount "and the number" 4 "is replaced by the number" 5 ".
99. In § 37a paragraph 6 shall be added, which including the footnote.
35 g:
"(6) the European cooperative society ^ 35 g) when determining the
the tax base, tax losses and tax liabilities and tax proceedings
Similarly, as a cooperative.
35 g) Council Regulation (EC) No 1435/2003 of 22 July 2003. July 2003 on the Statute
European cooperative society (SCE). ".
100. under § 37a is added to § 37b, which including the footnote.
35F:
"§ 37b
For the permanent establishment of European society ^ 35f) or European cooperative
the company ^ ^ 35 g) incurred on the territory of the Czech Republic after relocation
the registered seat of European society ^ 35f) or European cooperative
the company ^ ^ 35 g) from the territory of the Czech Republic in another Member State
The European Union or of one of the States that make up the European economic
space, shall apply mutatis mutandis to the provisions of Section 23a to 23d ^ 93), when the assets
and liabilities of the European company ^ 35f) or European cooperative
companies are still 35 g) ^ demonstrably associated with this constant
establishment.
35F) Council Regulation (EC) No 2157/2001 of 8 March 2001. October 2001 on the Statute for a
European company (SE).
Act No. 627/2004 Coll., on European societies. ".
101. In section 38d shall be added to paragraph 10, which including the footnotes
No. 119:
"(10) the Tax Payer is also a legal or natural person provided for in
The Ministry of labour and Social Affairs, which, in accordance with the measures
or the tools of active employment policy for the employer exercises
certain acts related to the employment of job seekers and
the framework of this activity also provides for the employer's payment of remuneration
job seekers for the performance of the activities carried out under the law on
employment ^ 119) on the basis of the agreement on the implementation of the work.
section 25, paragraph 119). 3 (b). (b)) of Act No. 435/2004 Coll. on employment. "
102. Under section 38e, after paragraph 4, the following paragraph 5 is added:
"(5) the amount of tax shall be rounded to the whole of the Crown up.".
Paragraphs 5 to 10 shall be renumbered as paragraphs 6 to 11.
103. In section 38e, paragraph. 9 the last sentence, the word "Penalty" shall be replaced by the words
"Default interest".
104. In paragraph 38fa. 1 (a). and at the end of the text), point 1, the words
"interest on current accounts and deposit accounts".
105. In paragraph 38fa. 1 at the end of the text of paragraph 2, the words ", if
at least 15% of the value of the assets in this mutual fund is directly or
indirectly consists of investment instruments bearing the revenue referred to in paragraph 1
with the exception of investment funds abroad. ".
106. In paragraph 38fa. 1 (a). and the words of the first sentence) "1 and 2"
replaced by the words "paragraph 1" and in the first sentence, the following sentence "If the payment
the provider does not have information on the percentage of investment
instruments bearing the revenue referred to in paragraph 1 to the value of the assets in the
mutual fund or a similar fund to foreign collective
investment, the percentage is higher than 40% ".
107. In paragraph 38fa. 1 the final part of the provision, the words "revenue
interest payments ", the words" referred to in subparagraph (a)), paragraphs 2 and
3 "and the words" referred to in paragraph 4 shall be deleted.
108. In paragraph 38fa. 3 (b). (b)), point 1, the word "whose" is replaced by
the words "or other tax entity, whose" and the words "income taxes"
the words "out of business".
109. In paragraph 38fa. 3 (b). (b)) (3) the word "person" shall be
the words "that is the beneficial owner of the income interest payments".
110. In paragraph 38fa. 4 (b). (b)), the words "income tax"
the word "business".
111. In paragraph 38fa. 8, the words "the State of the European economic area
In addition to the Czech Republic "shall be replaced by the words" of the Swiss Confederation,
Andorran Principality, the Principality of Liechtenstein, the Republic of San Marino
and the Principality of Monaco "and the words" European economic area "
replaced by the words "the States".
112. In paragraph 38g. 2 the first sentence, the words "If the deduction does not apply
interest under section 15(2). 7 and 8 of the mortgage banks, or from the
another loan granted by the Bank in connection with a mortgage loan, and "
shall be deleted.
113. In paragraph 38g. 2 the last sentence shall be replaced by the phrase "tax return
for the tax period is obliged to submit a taxpayer referred to in § 2 (2).
3, which applies the tax under section 35ba paragraph. 1 (a). b) to (e)) and
the tax benefit. ".
114. In paragraph 38g. 3 the second sentence, after the word "amount", the words
"discount on the tax under section 35ba and".
115. In paragraph 38gb. 1 to 4, 6 and 7, the words "or § 35b" shall be replaced by the words
"35b or 35ba".
116. In paragraph 38h. 1 the introductory part shall be replaced by the provisions of the first sentence
the phrase "tax payer calculates the advance of personal income from dependent
and functional benefits (hereinafter referred to as "backup") on the basis of
the calculation of advance. ".
117. In paragraph 38h. 1 introductory part of the provisions of the second sentence, the words
"Taxable wages" means the sum of income from dependent activities and of the
emoluments (hereinafter referred to as "wage") ' shall be replaced by the words "the basis for the
the calculation of advance is the sum of income from dependent activity and of the functional
the delights of "and the words" tax rates "are inserted after the words" and the income that
are not subject to tax. "
118. In paragraph 38h. 1 at the end of subparagraph (b)), the comma shall be replaced by the dot and
subparagraph (c)), and (d)) shall be deleted.
119. In paragraph 2 of section 38h reads:
"(2) Backup of the basis for the calculation of the advance, rounded up or down to 100 CZK
the entire Crown up and over 100 CZK for whole hundreds of Crowns up for calendar
month shall be:
The basis for the advance of the base
the calculation of advances exceeding
from EUR to Czk
00 10 100 12%
10 100 18 200 1 212 CZK + 19% 10 100 Czk
18 200 27 600 2 751 CZK + 25% 18 200 Czk
27 600 and more 5 101 CZK + 32% 27 600 Czk. ".
120. In section 38h paragraph 3 reads:
"(3) the Deposit calculated according to paragraph 2, the tax payer, for which
the taxpayer signed a declaration for the relevant tax period according to § 38 k
paragraph. 4, first be reduced by an amount of monthly discount on taxable under
§ 35ba and subsequently on an established amount of the monthly tax advantages
(hereinafter referred to as "backup after rebate"). ".
121. In section 38h paragraph 3 the following paragraph 4 is added:
"(4) the tax payer, for which the taxpayer has not signed on to the relevant accounting
period tax declaration according to § 38 k of paragraph 1. 4, backup by
paragraph 2, but at least in the amount of 20% of the taxable amount, if it is not a
the income taxed special tax rate in accordance with § 36 odst. 2 (a). (c) point 4)
or § 36 odst. 1 (a). and for the taxpayer.), which the payer has not signed
statement to the tax provided for in § 38 k 4 38 k of paragraph 1. 4, in the calculation of the advance
information shall be disregarded to the monthly tax rebate under section 35ba and the monthly tax
advantage. ".
Paragraphs 4 to 14 are renumbered as paragraphs 5 to 15.
122. In section 38h paragraph 5 is added:
"(5) to the tax free amounts of proven tax base under section 15, the
tax rebate under section 35ba paragraph. 1 (a). (b)) and under section 35ba paragraph. 2
tax payer shall be taken under the conditions laid down in § 38 k of paragraph 1. 5 when
annual clearing of advances and tax relief for the tax period. ".
123. In paragraph 38h. 6, the words "the advance payment or collide when
crediting wages "shall be replaced by the words" tax payer collide when the backup
or the crediting of income from dependent activity and emoluments (
"wage") ".
124. In section 38h paragraph. 7 the first sentence, the word "taxable" is replaced by
"administrations".
125. In section 38h, paragraphs 8 and 9 are deleted.
Paragraphs 10 to 15 shall be renumbered as paragraphs 8 to 13.
126. In paragraph 38h. 8, the last sentence shall be deleted.
127. In paragraph 13 of section 38h reads:
"(13) in the case of the taxpayer referred to in § 2 (2). 3 in determining advances and
annual clearing of advances on the tax account to the tax rebate under section 35ba
paragraph. 1 (a). (b) to (e))) nor to the tax benefit. ".
128. In paragraph § 38ch 1 the first sentence, the word "taxable" is deleted.
129. In paragraph § 38ch 2 the first sentence, the words "nontaxable amount base
taxes and "shall be replaced by" monthly tax rebate under section 35ba or ".
130. In paragraph § 38ch 3 the first sentence, the words "tax exempt amounts from
the tax base, "shall be deleted and the words" discount on backups "are replaced by the words
"the monthly tax rebate under section 35ba and c and 35 c."
131. In paragraph § 38ch 4 the second sentence, the word "by" shall be replaced by "for the
the conditions laid down in the ".
132. In paragraph § 38ch 4 is the third to fifth sentences deleted.
133. In section 5, the following paragraph 38ch, which reads as follows:
"(5) the revenue payer, which does not tax benefits, returns the payer
as the difference between the tax overpayment of taxes and the tax deducted in advance
calculated in accordance with section 16. 1 and reduced the tax rebate under section 35ba,
and no later than when the wages for March, when this difference more
than 50 CZK. The returned the overpayment of tax payer reduces the nearest advance payments
Tax Manager, until the end of the reporting period, if requested
refund of overpaid under special legislation governing
tax administration ^ 35e) the locally competent tax administrator. Any outstanding balance from the
annual clearing of advances is the revenue payer's don't shrink,. ".
134. In paragraph § 38i. 2 the fourth sentence, after the word "implement", the words
"and to the creation of the amount due was the fault of the taxpayer".
135. In paragraph § 38j. 2 at the end of subparagraph (c)), the words "and for
the taxpayer referred to in § 2 (2). 3 place of residence in the State, which is
residence ".
136. In paragraph § 38j. 2 (a). (d)), the words "nezdanitelnou part of the base
the tax "is replaced by" tax rebate under section 35ba "and the words
"tax-free amounts" shall be inserted after the words "tax base under section 15,
the discount amounts to tax under section 35ba ".
137. In paragraph § 38j. 2 (a). (e)), points 5 and 6 are deleted.
Points 7 and 8 shall be renumbered as paragraphs 5 and 6.
138. In paragraph § 38j. 2 (a). e) after point 5 the following point 6 is added:
"6. the monthly tax rebate under section 35ba and reduced by any
monthly tax rebate referred to in section 35ba, ".
Point 6 is renumbered as section 7.
139. In paragraph § 38j. 2 (a). e) point 7 is added:
"7. the monthly tax bonus, monthly tax rebate under section c and 35 c,
monthly tax bonus and deposit less any monthly discount on
tax under section 35ba and c and 35 c, ".
140. In paragraph § 38j. 2 (a). (e)) for point 7 the following point 8 is added:
"8. actually deducted in advance.".
141. In paragraph § 38j. 2 (a). (e)) the final part of the provision, the words "to
7 ' shall be replaced by the words "and 5".
142. In paragraph § 38j. 2 (a). (f)), the words "4, 7 and 8 shall be replaced by" 8 and
the sum of the monthly payments of tax bonuses ".
143. In paragraph § 38j. 3 the first sentence, the words "taxable wages" shall be replaced by
the words "tax" and the word "provide" shall be inserted after the words "discount
the tax provided for in § 35ba and ".
144. In section 5, the following paragraph 38j, which reads as follows:
"(5) the tax payer, who in the corresponding taxable period to provide
taxpayers, tax rebate under section 35ba or a tax advantage, to
obligation to submit a tax bill from the income from dependent activities and of the
emoluments under special legislation ^ 40a). ".
145. In the heading to § 38 k, the words "in the calculation of advances on tax" be deleted and for the
the word "benefit" shall be inserted after the words "discount on the tax under section 35ba".
146. In paragraph 38 k. 1 the first sentence, the words "recognition of non-taxable amounts
of the tax base "shall be replaced by the words" the provision of monthly discounts on tax
under section 35ba and a monthly tax relief "and the words" and meet the
conditions for the grant of the tax advantage "shall be deleted.
147. In paragraph 38 k. 1 the second sentence, the words "tax exempt amounts from
the basis for the calculation of the tax "shall be replaced by the words" discount on taxable under
§ 35ba ".
148. In paragraph 38 k. 3, the words "tax free amounts from the tax base"
replaced by the words "the monthly tax rebate under section 35ba".
149. In paragraph 38 k. 4 of the introductory part, the words "the provisions of paragraph 1. 2 "
replaced by the words ' paragraph 4 '. 3 "and the words" tax free amounts of base
taxes and "shall be replaced by the words" the monthly tax rebate under section 35ba and to
monthly ".
150. In section 38 k of paragraph 1. 4 (b). and the words ") tax exempt amounts from
the tax base "shall be replaced by the words" discount on the tax under section 35ba ".
151. In paragraph 38 k. 4 (b)):
"(b)) that at the same time for the same tax period or for the same calendar
the month of the tax period, does not qualify for a tax rebate under section
35ba for another tax payer, and that at the same time on the same calendar period
the year has not signed with another declaration to the tax payer ".
152. In paragraph 38 k. 4 (b). (c)) for the word "is", the words "to the 1.
January of the relevant reporting period ".
153. In paragraph 38 k. 4, letters d) to (g)) be deleted.
Subparagraph (h)) and i) are renumbered as subparagraph (d)), and (e)).
154. In paragraph 38 k. 5 of the introductory part, the words "the provisions of paragraph 1. 1 (a). (b))
and under section 15(2). 2, 5, 9 to 11 "shall be replaced by the words" and to the tax rebate
pursuant to section 35ba paragraph. 1 (a). (b)), paragraph 35ba and section. 2. "
155. In paragraph 38 k. 5 (a). (c)), the word "you" is the word
"(which)", the words "nontaxable amount from the tax base" shall be replaced by
the words "tax rebate under section 35ba paragraph. 1 (a). (b)) "and the word" not "
shall be inserted after the word "(not)".
156. In paragraph 38 k. 5 (a). (e)), the number "5" shall be replaced by the number "1".
157. In paragraph 38 k. 5 (f)):
"(f)) in which the amount paid in the previous taxation period interest on the loan of the
building savings, and from the mortgage loan or other loan
provided in connection with these loans, the Bank, building society
or a branch of a foreign bank or foreign bank and used to
financing of housing needs in accordance with § 15 paragraph. 3 and 4, and
1. whether, and in what amount of such loan claims at the same time the other person
the right to deduct the interest from your tax base,
2. the subject of housing needs, to which the deduction of interest on
the loan, provided it is used in accordance with § 15 paragraph. 4,
3. the amount of the interest, which reduces the tax base under section 15(2). 3
and 4, in total for all the participants credit contracts in its
household does not exceed the period in the last 150 000 CZK ".
158. In paragraph 38 k. 5 (a). (g)), the number "9" is replaced by "5".
159. In paragraph 38 k. 5 (a). (h)), the number "10" is replaced by the number "6".
160. In paragraph 38 k. 5 (a). even the word ") in the" be replaced by "in the
the past "and the number" 11 "shall be replaced by the number" 7 ".
161. In paragraph 38 k. 5 letter j) is added:
"(j)) whether in the past taxation period apply to previous payers
taxes monthly tax rebate under section 35ba and a monthly tax advantage. ".
162. In paragraph 38 k. 7 the first sentence, the words "recognition of non-taxable amounts
of the basis for the calculation of the tax, or to "be replaced by
"the provision of monthly discounts on tax under section 35ba or a monthly".
163. In paragraph 38 k. 7 the last sentence, the words "recognition of the tax exempt
the amounts of the tax base or for ' shall be replaced by the words "the provision of discounts on
tax under section 35ba or the ", the words" and sign the Declaration at the
in accordance with paragraphs 4 and 5 "are deleted and at the end of the sentence the following text
the words "and sign at the same time in this period, according to the tax declaration
paragraphs 4 and 5 ".
164. In paragraph 38 k. 8 the first sentence, the word "tax" shall be replaced by the words
"the provision of discounts on tax under section 35ba and the tax".
165. § 38 l including title and footnote No. 101:
"§ 38 l
The mode of proof of entitlement to the deduction of the tax base, tax free
discounts on tax under section 35ba and a tax advantage for income
people from dependent activities and emoluments for the tax payer
(1) shall be entitled to a reduction of the tax base under section 15 of the taxpayer proves the payer
tax
and the recipient of the gift or confirmation) of his legal representative or
the organizer of the public collection ^ 14e) about the amount and the purpose of the donation, if
the reduction of the tax base under section 15(2). 1,
(b)) the credit agreement and each year by 15. February confirmation
building societies on the amount of interest paid in the last calendar year
the year of the loan from building savings. from another credit granted
building society in connection with a loan from building savings or
the confirmation of the Bank, the foreign bank or its affiliates on the amount of interest
paid in the last calendar year of the mortgage loan and the
the reduced state contribution ^ 55), or from another credit granted
the Bank in connection with a mortgage loan, if
the reduction of the tax base under section 15(2). 3 and 4,
(c)) in the case of credit granted for the purposes set out in section 15(2). 3 (b).
and building permit and after) acceptance statement of the list of ownership,
(d)), in the case of credit granted for the purposes set out in section 15(2). 3 (b).
(b)), and (c)) statement of the list of ownership,
e) in the case of credit granted for the purposes set out in section 15(2). 3 (b).
e) statement of the title deed, in the case of apartment house, family house or
apartment owned by special legal regulation ^ 60), or
lease agreement, if the apartment in rent, or proof of residence
(ID), if the apartment in use,
f) in the case of credit granted for the purposes set out in section 15(2). 3 (b).
(d)), and (g)), the confirmation of the legal person that is a member or
Companion,
g) in the case of credit granted for the purposes set out in section 15(2). 3 (b).
(f)), a statement of the title deed, in the case of apartment house, family house or
apartment owned by special legal regulation ^ 60), or
confirmation of legal entities for membership, if the subject of the settlement of the share
or deposit associated with the right to use the apartment,
(h)) to prove the fact, the obligation to use the subject of the housing
the need for permanent housing in accordance with § 15 paragraph. 4, in the case of the construction
or modification of the construction and purchase of buildings or under construction, final
by decision kolaudačním,
I) contract on supplementary pension insurance with State contribution and annually
by 15. February, confirming the pension fund contributions
paid by the taxpayer on his pension insurance with State
the contribution of the previous tax period, where the reduction of the base
tax under section 15(2). 5,
j) the Treaty on private life insurance or insurance ^ 101) and
each year, not later than 15. the confirmation of the insurance premiums, February
the taxpayer paid to his private life insurance in the past
taxable period or paid an aliquot part of a one-time
the premium applicable to the previous tax period, if
the reduction of the tax base under section 15(2). 6,
the confirmation of the trade union organizations) the amount of the paid member
contribution in the last taxable period, if a reduction in the base
tax under section 15(2). 7.
(2) entitlement to the discount on the tax under section 35ba for determining the tax
or advances shows the taxpayer tax payer
and) proof the identity of the spouse, if
tax rebate under section 35ba paragraph. 1 (a). (b)) and ID card ZTP/P, if it is
the wife (husband), his holder,
(b) a decision on the full) or partial invalidity pension and
each year, not later than 15. proof of payment of the February retirement,
If a tax rebate under section 35ba paragraph. 1 (a). (c)), or (d))
the reason that is receiving a full disability or partial disability pension,
(c) confirmation of the competent tax administrator) according to the place of residence of the taxpayer
about the fact that the taxpayer receives another pension from the pension insurance under the
special legislation governing pension insurance ^ 43),
which one of the conditions is that the Declaration is fully disabled, or
He has lapsed shall be entitled to a partial or full disability pension due to
overlapping claim to the payment of a partial or full disability pension and
old-age pension, or if the taxpayer under special laws
legislation fully wheelchair, but his request for a full disability pension was
rejected for reasons other than because that is not fully disabled,
(d)) ID card ZTP/P, if the taxpayer of its holder and if
tax rebate under section 35ba paragraph. 1 (a). (e)),
e) confirmation that schools are constantly preparing for the future of the profession
the study or the prescribed training, if a tax rebate under section
35ba paragraph. 1 (a). (f)),
(f) the decision of granting) the retirement pension and annually not later than
February 15, proof of payment of the pension, if the pension in the past
taxable period more than 38 040 CZK per year, and as a recipient of old age
income tax applies under section 35ba paragraph. 2.
(3) entitlement to the tax benefit in determining advances or taxes demonstrates the
the taxpayer tax payer
and) official proof of the child's identity (your own,
osvojeného, in care, which replaces the care of parents, spouse and
grandchildren),
(b) the presentation of a licence), ZTP/P, if the dependent child is the holder,
(c)) where both spouses are employed, a confirmation from the employer
wife (husband), that entitlement to the tax benefit at the same time does not
the other spouse,
d) confirmation of the school that the adult child living with the taxpayer in a household
is constantly preparing for the future of the profession by studying or prescribed
training,
(e) the competent tax administrator confirmation) according to the place of residence of the taxpayer
about the fact that the taxpayer in the adult child nourishes a household up to the completion of the
26 years of age, which does not receive the full invalidity pension cannot consistently
to prepare for a future career or engage in gainful employment for
illness or accident, or because of long-term adverse health
the State is continuing to exercise a gainful activity neschopno.
(4) If you have changed the grounds for the granting of tax free
part of the tax base under section 15, the discount on the tax under section 35ba or tax
benefits, submit new documents proving the validity of the taxpayer to claim
on deduction.
101) Act No. 37/2004 Coll., on insurance contracts and related
laws (law on insurance contracts). ".
166. In paragraph 38 m. 3 (b). (c)), the words "which has not yet been"
replaced by the words "or preceded by a change in the definition of the marketing year,
If it has not been yet for this period. "
167. In paragraph 38 m. 3 (b). (d)), the first sentence after the words "the company ^ ^ 35f)"
the words "or the European cooperative society ^ 35 g)".
168. In paragraph 38 m. 3 (b). (d)), the words "the second sentence is the European
the company shall build "shall be replaced by the words" is required to build
European society ^ 35f) or European cooperative society ^ 35 g) ".
169. In paragraph 38 m. 4 (b). (d)), after the words "the company ^ ^ 35f) ' shall be
the words "or the European cooperative society ^ 35 g)".
170. In section 38na paragraph. 1 the second sentence, after the word "members" shall be
the words "or of the members of the cooperative."
171. In section 38na paragraph. 1, the last sentence is replaced by the phrases "the material
change always means change, which in total cover more than 25% of the
of the capital or of the voting rights or which gets companion
or the co-operative a determining influence. Whether there has been a material change in the
checks in the period for which the tax is to be applied, and that loss
by comparing this period with the period in which the tax loss was charged
(hereinafter referred to as "analogue"); While in the period for which the tax
the loss is charged the applicable composition of the persons directly involved in the
capital or control on the last day of this period, and the period for which
the tax is to be applied, the loss is decisive, the sum of the changes in the composition of persons,
participating directly in the capital or control, in this period. ".
172. In paragraph 38na. 2, the first sentence shall be inserted after the phrase "for the operation of the
the same activities in both periods compared with the case where the
in the period for which the tax loss was charged only to the
the commitment of expenditure (costs) in order to achieve and maintain, ensuring
revenue and income were recognized in the period in which the tax is to be
the loss applied. ".
173. In section 38na at the end of paragraph 3 the following sentence "for the operation of the
the same activities in both periods compared with the case where the
in the period for which the tax loss was charged only to the
the commitment of expenditure (costs) in order to achieve and maintain, ensuring
revenue and income were recognized in the period in which the tax is to be
the loss applied. ".
174. In section 38na at the end of paragraph 4, the following sentence "part of the tax base
referred to in the first sentence shall be determined on the basis of the ratio of the revenue posted to
revenues under special legislation ^ 20) fall on the same
activities carried on by the taxpayer, which has lapsed, the period for which it was
tax loss charged to the total income posted to revenues under the
special legal regulation ^ 20). ".
175. In section 38na at the end of paragraph 5, the following sentence "part of the tax base
referred to in the first sentence shall be determined on the basis of the ratio of the revenue posted to
revenues under special legislation ^ 20) fall on the same
activities carried on by the taxpayer that does not perish, in the period for which
the tax loss was charged to the total income posted to revenues
under special legislation ^ 20). ".
176. In section 38na at the end of paragraph 6 the following sentence "the amount of the tax base
According to the first sentence is determined by the receiving company on the basis of the ratio
revenue posted to revenues under special legislation ^ 20)
attributable to the same activities performed by the transferring company in
the period for which the tax loss was charged to the total revenues
posted to revenues under special legislation ^ 20). ".
177. In section 38na shall be inserted after paragraph 8, paragraph 9, which reads as follows:
"(9) in the cases referred to in paragraphs 4 to 6 shall not apply the provisions of
paragraphs 1 to 3 ".
Paragraph 9 shall become paragraph 10.
178. the following section is inserted after section 38nb 38nc, including title:
"§ 38nc
Authentic assessment of the way in which the price was was created between
the United parties
(1) the taxpayer who negotiates price in a business relationship with the person
against him is considered to be a related person may ask locally
the competent tax authorities for the issue of a decision on the mandatory assessment ^ 39i)
whether the way in which the price was created, corresponds to the way that would be
created price negotiated between independent parties in the current business
relations under the same or similar conditions (§ 23 (7)) (hereinafter referred to as
"authentic assessment").
(2) the taxpayer in the issuing of a decision on the mandatory assessment of prices
indicating at least
and) name, surname or name, domicile or registered office, place of business,
tax identification numbers, if assigned, all persons
interested in a business relationship, for which the application is made on the issue of
a decision on the mandatory assessment of prices, including the taxpayers referred to in § 2
paragraph. 3 and § 17 paragraph. 4 persons to whom the tax liability does not arise from the
income arising from sources on the territory of the Czech Republic (hereinafter referred to as
"the person concerned"),
(b) a description of the organizational structure), which are part of the person concerned, and
even outside the territory of the Czech Republic,
(c) a description of the business activities) of interested parties,
(d) a description of the account), for which the application is made on the binding
assessment of prices,
(e)) the tax period to which the decision on the mandatory assessment
the prices apply,
(f) the description and documentation) how the price was created, including all
information relating to the business case; the data, which will be known in
the future, shall the assumptions from which to estimate the values of these
the data was based on,
(g) draft decision on the statement) authentic assessment of prices.
(3) on an application for the issue of a decision on the mandatory assessment of prices shall decide
the tax administrator for which the application was lodged. If the business relation
more of the participating persons income tax
arising from the sources on the territory of the Czech Republic and the duty to manage
different tax administrators, a decision on the mandatory assessment of the price of the issue Manager
Tax Manager these higher level closest to tax administrators and binding
assessment of the prices for such tax effective. Concerned tax administrators
and other interested parties, the decision served on consciousness. If they are
reasons for cancellation of the decision on the mandatory assessment of the prices referred to in
special legal regulation, shall decide on the repeal of the tax,
that is, on a proposal from any person concerned or on the initiative of
of the tax administrator.
(4) the decision on the mandatory assessment of prices may be issued for
legal person, whose establishment is envisaged. The request referred to in paragraph
2 for it is entitled to submit to the other person if (a) the legal
a person, for which the binding assessment of the prices applied for a sufficiently
identifies the. About binding price assessment requests this other person locally
Administrator of income tax according to the envisaged registered office of Foundation
legal persons. Identification of the Foundation of a legal person shall be
listed also in the scope of the decision on the authentic assessment of prices. Recipient of the
This decision is the applicant and is effective for determining the tax
the obligations of the Foundation of a legal person, the date of its inception. ".
179. In paragraph 38p. 2 the number "5" shall be replaced by the number "1".
180. in annex No. 1 of the depreciation Group 4 item (4-2), the words "buildings and
engineering works "shall be deleted.
181. in annex No. 1 of the depreciation Group 4 item (4-15), the number
"230,141.0", "230341".
Article II
Transitional provisions
1. For the tax liability for the years 1993 to 2005 and the tax period, which
started in 2005, the existing legal provisions, unless the
This act otherwise. The provisions of the article. And, with the exception of 42 points, 99, 100,
167, 168 and 169, shall apply for the first time for the tax period that began
in 2006.
2. in the receipt of interest income from mortgage bonds,
issued before the date of entry into force of this law, shall apply the law
No. 586/1992 Coll., as amended to the date of entry into force of this
the law.
3. The provisions of article. I, section 157 shall apply only to contracts for the loan on
financing residential needs concluded after 1. January 2006.
4. The provisions of article. I, section 42 shall apply to exemption of income under section 19
paragraph. 1 (a). from), FH) and zi) of the Act No. 586/1992 Coll., as amended by Act No.
47/2004 Coll. and Act No. 669/2004 Coll., on whose payout has decided to
starting with 1. in January 2006 the general meeting or other authority of the payment
These revenues.
5. Interest income from bonds, certificates of deposit, deposit certificates and deposits
equivalent ranking and bills of Exchange, whose release gets the Bills
the debtor funds flowing to taxpayers referred to in section 2 of the Act
No. 586/1992 Coll., as amended by Act No 157/1993 Coll., Act No. 323/1993
Coll., Act No. 259/1994 Coll., Act No. 87/1995 Coll., Act No. 149/1995
Coll., Act No. 248/1995 Coll. and Act No. 151/1997 Coll., in taxation
the period begun in 2004, which were not referred to in section 24, paragraph. 2 (a). Zi)
Act No. 586/1992 Coll., as amended by law No 438/2003 Coll., Intertextuality
(cargo) to achieve, ensuring and maintaining taxable income from
because of their failure to pay, may be claimed as an expenditure (load) on the
achieving and maintaining, securing the taxable income in that tax
the period in which it will be paid.
6. The provisions of Section 23a, paragraph. 5 (a). (c)) and section 23 c of paragraph 1. 8 (a). (c)) Law No.
586/1992 Coll., as amended effective until 31 December 2006. in December 2004, will be used for
claim the deduction even on its demise, according to § 34 paragraph. 3 et seq..
Act No. 586/1992 Coll., as amended effective until 31 December 2006. December 2004.
7. The provisions of article. I, points 2, 6, 9, 24, 25, 31, 38, 53, 58, 79, 82, 85,
86 and 90 shall apply for the tax period, which began in 2005.
8. the difference by which the aggregate of expenditures (costs) on derivatives was for tax
the period is higher than the total of income (revenues) from derivatives, in accordance with section 24, paragraph. 2
(a). Zg) Act No. 586/1992 Coll., as amended effective until 31 December 2006. December
2005, which has not been invoked as an expenditure (cargo) for tax
the period started in 2005, may be deducted from the tax base, and the maximum
3 tax years or periods, for which the tax is
return immediately following reporting this difference. When
the demise of the taxpayer without winding up may this difference or its
part of that involving taxpayer extinct without liquidation,
as expenditure (load) the acquiring company (cooperative) when
the conversion or the legal successor to the taxpayer of the defunct without making
liquidation under the same conditions as would be doomed without performing
the liquidation.
9. for tangible property, which is the subject of the contract of financial leasing
with the subsequent purchase of the leased tangible property closed to the end
the tax period which began in 2004, for the purposes of the provisions of section 24 of the
paragraph. 4 (b). and, section 24, paragraph). 4 (b). (b)) and section 30, paragraph. 4 of law No.
586/1992 Coll., as amended by Act No. 492/2000 Coll. apply depreciation period
valid at the time of conclusion of the contract.
10. The provisions of section 38na of Act No. 586/1992 Coll., as amended by Act No.
669/2004 Coll. applies to the taxpayer for the first time, for which there has been a substantial
a change in the taxable period, which began in 2004, for the conversion of
commercial companies or cooperatives with the decisive day of the 1. January 2004
and for business transfers effective from the 1. January 1, 2004.
11. The provisions of section 38na of Act No. 586/1992 Coll., as amended, effective from the date of
the entry into force of this Act shall apply for the first time for the taxpayer, for which the
There has been a significant change in the period, which began in
2004, for conversion to commercial companies or cooperatives with the decisive day
from the 1. January 2004 and for business transfers effective from the 1. January 1, 2004.
12. The provisions of section, paragraph 23d. 3 as in force from the date of effectiveness of this
the law shall also apply to the transfer of shares in the recipient companies, which
transferring the company received for the transferred undertaking or its
a separate part, or part of a share of a corresponding increase in its deposit
in the capital of the receiving company, which acquired for
the transferred undertaking or its part, if the transfer of the undertaking
or its separate parts, occurred before the effective date of this Act.
13. the lessee of movable and immovable property at the same time, the depreciation
in the tax base provided for in article II, section 3 of law No. 492/2000 Coll., which
amended Act No. 586/1992 Coll., on income taxes, as amended
regulations, and some other laws, the Section 32b of the Act No. 586/1992 Coll., on the
the text of this Act, apply to the taxation period beginning in 2005.
Article. (III)
For the publication of the full text of the Act
The Prime Minister is hereby empowered to make in the collection of laws, promulgated the full text
Act No. 586/1992 Coll., on income tax, as is clear from the laws and from the
the finding of the Constitutional Court it is changing.
PART THE SECOND
Amendment of the Act on reserves
Article IV
Act No. 593/1992 Coll., on reserves for the determination of the tax base from income,
in the wording of Act No 157/1993 Coll., Act No. 323/1993 Coll., Act No.
244/1994 Coll., Act No. 132/1995 Coll., Act No. 211/1997 Coll., Act No.
333/1998 Coll., Act No. 363/1999 Coll., Act No. 492/2000 Coll., Act No.
126/2002 Coll., Act No. 260/2002 Coll., Act No. 176/2003 Coll., Act No.
438/2003 Coll., Act No. 669/2004 Coll. and Act No. 377/2005 Coll., amended
as follows:
1. In section 2 (2). 2 the third sentence, the words "nezahrnovaným into a separate"
replaced by the words "zahrnovaným into a separate".
2. In section 2, paragraph 2, the following paragraph 3 is added:
"(3) in the case of acquisition of receivables assignment may form mentions the
adjustments to the balance sheet value of the claim, if you pay her
unit cost. ".
Paragraphs 3 and 4 shall become paragraphs 4 and 5.
3. In section 4, paragraph 4. 1 the second sentence reads: "the reserves and provisions to abolish
always on the day of their business or other self-employed
activities or hiring of the undertaking or part of an undertaking forming a separate
organizational folder under the special law ^ 21) (hereinafter referred to as "rental
the firm "), the date of interruption of business or other independent
self-employment or rental company, if this activity or rent
business are not started by the deadline for filing the tax return for the
the relevant taxation period, in which interrupt occurred. ".
4. In section 4, paragraph 4. 1 in the fourth sentence, the words "and in the case where the taxpayer
upon termination of the lease contract on the lease of the firm effective date ^ 21)
following the date of termination of the tenancy, "shall be deleted.
5. In section 5 (3). 2 (a). and) without accessories "are replaced by the words
"arising from the title of principal and interest."
6. In section 5 (3). 3, the introductory words "claim of credit for the purposes of
Provisioning a receivable ", the words" of the title
the principal and interest. "
7. In section 7 (2). 1 (b)):
"(b)) are the lessee of tangible assets on the basis of the contract on the lease of the holding,
and for the repair of this property are contractually committed, in writing ".
8. In section 7 (2). 9, after the words "tangible assets" shall be inserted after
"referred to in paragraph 1 (b). (b)) ".
9. in section 8b shall be inserted a new section 8 is added:
"section 8 c
If the taxpayer does not flow at nepromlčené claims pursuant to § 5, 5a, 6, 8,
8A and 8b, can create a corrective entry, up to 100% of its
outstanding balance sheet values without accessories only if that
and it is not a claim) as defined in section 8a, paragraph. 3,
(b) the balance sheet value of the claim) without accessories at the time of
the emergence of the amount does not exceed 30 000 CZK
(c)) from the end of the agreed period is due, at least 12 have passed
months, and
(d) the date of creation) adjusting items does not exceed the taxpayer's total
the value of receivables without debtor arising against the same accessories,
which applies the procedure according to this provision, the amount of CZK 30,000.
About the claim, which was created by a provision of this
provisions, the taxpayer shall keep a separate record. ".
Article. In
The transitional provisions of the
If the taxpayer not later than 31 December 2006. the December 2005 agreement on the lease of
the firm and the part of the undertaking or part of the assets will be still
used on the basis of a lease contract, then if this property najatému
formed reserve to repair, can from the effective date of this law
continue to creating the provision in respect of contracts for the lease of the business. If
the contract on the lease of the enterprise, to the date of effectiveness of the reserves established by the
This Bill cancels the latest taxation period, in which the
expected commencement date of repair.
PART THE THIRD
Amendment of the Act, amending Act No. 586/1992 Coll., on income tax
Article VI
In the first article. (II) Act No. 669/2004 Coll., amending Act No.
586/1992 Coll., on income taxes, as amended, and
some additional laws, points 3 to 5 shall be deleted.
PART THE FOURTH
Amendment of the Act on the amendment of the laws relating to the adoption of the law on the staff
the proportion of members of security corps
Article. (VII)
In the twenty-first article. XXI of law No 362/2003 Coll., amending the laws
related to the adoption of the Act on the prison service members
security forces, point 3 shall be deleted.
PART THE FIFTH
Amendment of the Act on administrative fees
Article. (VIII)
Act No 634/2004 Coll., on administrative fees, as amended by Act No.
217/2005 Coll., Act No. 228/2005 Coll., Act No. 357/2005 Coll. and act
No 361/2005 Coll., is hereby amended as follows:
1. In section 8 (2). 2 (a). (e)) at the end of words "with the exception of
item 1, paragraph 1, letter l) ".
2. In point 1 of the tariff item 1, the following point (l)), which read:
"l) of information for the purposes of enforcement proceedings,
carried out by the bailiff Czk 2 000 ".
3. In the annex, part 1, the first item is the following point 4 is added:
"4. the issue of the decision on the authentic assessment
According to § 38nc Act No. 586/1992 Coll.
the income tax of CZK 50 000 ".
PART SIX
Amendment of the Act on tax on real estate
Article. (IX)
Act No. 338/1992 Coll., on the estate tax, as amended by Act No.
315/1993 Coll., Act No. 242/1994 Coll., Act No. 248/1995 Coll., Act No.
65/2000 Coll., Act No. 492/2000 Coll., Act No. 239/2001 Coll., Act No.
483/2001 Coll., Act No. 576/2002 Coll., Act No. 235/2004 Coll., Act No.
669/2004 Coll., Act No. 217/2005 Coll., Act No. 179/2005 Coll. and act
No 342/2005 Coll., is hereby amended as follows:
1. In article 3, paragraph 5, including the footnote shall be deleted.
2. In section 3, the following paragraphs 5 and 6, including the footnote.
5a:
"(5) if the obligation to pay the land tax more taxpayers, the tax
jointly and severally liable, unless otherwise specified.
(6) If, under the special law co-ownership to land
derived from the ownership of the flat or standalone nebytovému
^ area 5a), that is registered in the land register, is the taxpayer
the land tax, the owner of the apartment or a separate non-residential space in the
the amount of their share of the total tax from the plot of the corresponding
spoluvlastnickému share of the land registered in the land registry.
Joint ownership of an apartment or a separate non-residential space are required to
pay tax on their share of the land jointly and severally.
5A) for example, Act No. 72/1994 Coll., to regulate certain
co-ownership to the buildings and some of the ownership to the flats and
non-residential spaces, and complement some of the laws (law on ownership
flats), as amended. ".
3. In section 4, the following paragraph 6 is added:
"(6) the exemption referred to in paragraph 1 shall also apply to the portion of the land.".
4. In section 13a, paragraph. 1 the second sentence, after the words "from the previous tax
the period of ", the words" or tax was levied in one of the previous
tax period ex officio ".
5. In section 13a on the end of the text of paragraph 4, the words "or if it is not
"unless provided otherwise below.
6. In article 13a shall be inserted after paragraph 4, a new paragraph 5 and 6 are added:
"(5) if the time limit for the submission of the tax return referred to in paragraph 1
filed tax returns at least one of the joint owners of the land for his
a co-ownership share in the land that is not in the real estate cadastre
recorded and simplified manner which is located the building
complying with the conditions provided for in § 7 of this Act, has the obligation to submit a tax
return every tax payer in this land alone. In this
If every taxpayer a tax return and pay tax in the amount of
their share of the total land tax corresponding to spoluvlastnickému
the share of the land registered in the cadastre (hereinafter referred to as
"co-ownership share of the land"). For the unacknowledged
shares of co-ownership of land tax shall be levied a tax on power
official without prior call to submit a tax return to the individual
payers of co-ownership of land.
(6) If a tax return has not been filed in accordance with paragraph 4 or 5, the
the tax administrator common representative one of the taxpayers without a right to
to pay the costs. ".
Paragraphs 5 to 7 shall be renumbered as paragraph 7 to 9.
7. In paragraph 9 of section 13a is inserted:
"(9) to 31. December of the year in which the proposal was submitted to the deposit
rights of ownership in the land register decided to enable it,
the taxpayer is obliged for the property which was the subject of the deposit law
title to lodge a tax return no later than the end of the third month
following the month in which the deposit was written right of ownership to
the real estate cadastre. Tax return taxpayer serves on the tax
the period following the year in which it incurred the legal effects of a deposit.
Obligation to submit a tax return does not arise, if the tax return for the
the property handed current common representative. ".
8. In section 13a, the following paragraph 10 is added:
"(10) if there is no inheritance proceedings to 31. December of the year in which the taxpayer
He died, been terminated, the heir must for real estate, which was
the subject of the succession, to file a tax return no later than the end of the
the third month following the month in which it acquired the authority
the decision of the competent authority, which was completed the inheritance proceedings.
Tax return for the tax period following the heir after a year, in
which the taxpayer died. Obligation to submit a tax return does not arise if the
tax return for the property that was the subject of succession,
It was submitted to the current common representative. ".
9. In section 14 to the end of the text of paragraph 1, the words "shall be added; the tax base
under section 5 (3). 3 shall be rounded up to whole m2 ".
10. In section 14, paragraph. 3, after the words "land tax", the words "or
a co-ownership share of the land ".
11. In section 15(2). 1 (b)):
"(b)) for the other tax payers in two equal installments, and
not later than 31 December 2006. may and 30. November current tax
period. ".
12. In section 15(2). 2 the amount of "$ 100" is replaced by "Eur 5000".
13. In section 15(2). 3 in the first sentence, after the words "than CZK 30", the words
"unless otherwise provided".
14. In section 15, the following paragraphs 4 to 6 shall be added:
"(4) if in the territorial scope of one tax Manager tax
the land for the taxpayer under section 13a, paragraph. 5 serves the tax return
a co-ownership share in the land tax or a tax is levied
the amount of the co-ownership share of the land from the power of the official, less than
$ 50 is tax liable taxpayer for taxes of land 50 CZK.
(5) if the reasons for filing the tax return in accordance with the provisions of section 13a
paragraph. 9, is a real estate tax for the property which was the subject
rights of ownership, attributable to an historical dates
due, payable no later than the end of the third month following
the month in which it was written in the land ownership rights of the deposit
real estate.
(6) if the reasons for filing the tax return in accordance with the provisions of section 13a
paragraph. 10, is a real estate tax for the property which was the subject
succession, attributable to the already past due dates,
due no later than the end of the third month following the month in the
which has acquired the authority of a decision of the competent authority, which was
completed the inheritance proceedings. ".
15. under section 19a is inserted after section 19b is added:
"§ 19b
Common representative who was the joint representative of the taxpayer having
ownership or other rights to the same plot of land to 31. in December 2006, the
deemed common representative and to the following tax period
If you do not elect another common taxpayers under section 13a
paragraph. 4 or the procedure under section 13a, paragraph. 5 this Act. ".
PART SEVEN
Amendment of the Act on road tax
Article. X
Act No. 16/1993 Coll., on the road tax, as amended by Act No. 302/1993 Coll.
Law No. 243/1994 Coll., Act No. 143/1996 Coll., Act No. 61/1998 Coll.
Act No. 241/2000 Coll., Act No. 303/2000 Coll., Act No. 492/2000 Coll.
Act No. 493/2001 Coll., Act No. 207/2002 Coll., Act No. 102/2004 Sb.
and Act No. 635/2004 Coll., is hereby amended as follows:
1. In section 6 (1). 6, the words "60% until 31 December 2005. December 2005 "shall be replaced by the words
"40% until 31 December 2005. December 2007 ".
2. In section 6 (1). 7, the words "66% to 31. December 2006 "shall be replaced by the words
"48% to 31. December 2007 ".
PART EIGHT
The amendment to the law on value added tax
Article. XI
Act No. 235/2004 Coll., on value added tax, amended by law No.
235/2004 Coll., Act No. 635/2004 Coll., Act No. 669/2004 Coll., Act No.
124/2005 Coll., Act No. 215/2005 Coll., Act No. 217/2005 Coll. and act
No 377/2005 Coll., is hereby amended as follows:
1. In section 4, paragraph 4. 1 (a). (c)), after the word "State" shall be replaced by the word "or"
the comma at the end of the text of the letter shall be added the words "or granted by the tax
under section 92a ".
2. In section 4, paragraph 4. 1 (a). (h)), after the word "State" shall be replaced by the word "or"
the comma at the end of the text of the letter shall be added the words "or granted by the tax
under section 92a ".
3. In section 13 (3). 10 (a). (c)) for the word "not", the words "with the
the exception of still wine. "
4. In section 28 paragraph. 1, after the word "direct debit" word "or" is replaced by a comma
and at the end of the text of the paragraph with the words "or a document issued by the
under section 92a ".
5. In section 37, paragraph. 3 at the end of the words "increased, where appropriate, repair
According to § 42 paragraph. 1 (a). d).".
6. In section 42 at the end of paragraph 1, the period is replaced by a comma and the following
the letter d), which read:
"(d)) when you use the payment, from which arose the obligation to admit tax payers,
on the cover of another taxable supply or the performance of tax exempt
or the performance of which is not subject to tax. ".
7. In section 42, paragraph. 4 (b). and), after the words "paragraph 1" shall be replaced
"(a). and (b))) and (c)) ".
8. In section 42, paragraph. 4 (b). (b)), after the words "paragraph", the words "1
(a). (d)) ".
9. In § 42 paragraph 7 is added:
"(7) in the case of repair of the tax base and the amount of prepaid taxes
telecommunications services will make the correction referred to in paragraph 1 (b). (d))
the payer of the issuing of the document about the correct amount of tax base and with the formalities
in accordance with paragraph 6 (a). and), b), c), (d)), f) and (h)), it must
contain the subject of the transactions to which the payment was originally received,
the total amount of payments used to pay another taxable supply
or the performance or implementation of the tax exempt, which is not the subject of
taxes, and the corresponding amount of tax. The following information shall be indicated on the document under
all the repairs during the tax period, the amount once. This
the document is not possible. The payer is required to as part of the evidence for
tax purposes register of documents issued in accordance with this inventories
paragraph. If at the time of repair other chargeable event
not take place, the amount corresponding to the repairs in accordance with
paragraph 1 (b). (d)) for the payment to be accepted on this other chargeable event
before its implementation ".
Paragraphs 7 and 8 shall be renumbered as paragraphs 8 and 9.
10. In section 57, paragraph. 1 (a). and in the words of), "the basic art schools"
the comma is deleted and the following words "and language schools with the law of the State
language tests, which are written in the school register ^ 42) ".
11. In section 57, paragraph. 1 (a). and a link to) a footnote No. 42
replaced by a reference to footnote No. 43.
12. In section 57, paragraph. 1 (a). (b)), the reference to footnote No. 43 for
the word "register" shall be replaced by a reference to a footnote No. 42.
13. In paragraph 57. 1 (a). g), the words "which are on these activities
provision of resources from the State budget, budgets of the territorial
authorities, State funds, grants awarded under
a special Act or from the resources of the European Union "shall be deleted.
14. In section 61 (a). (b)), after the words "related to the protection of"
the words "and education".
15. In section 77, paragraph 2:
"(2) of the Bill, which filed a tax deduction from the payment, the payment or
part was subsequently used for the payment of another taxable supply or
implementation of tax exempt or performance, which is not the subject, it is
obligated to make a correction to the deduction. Fix deduction makes the payer in
the tax return for the tax period in which the payment or
part used for the payment of another taxable supply or performance
exempt from tax or that is not subject to VAT, and that of the
the amount was used to cover other performance. ".
Paragraphs 2 to 4 shall be renumbered as paragraphs 3 to 5.
16. under section 92, the following new section 92a, including title:
"§ 92a
The specific arrangements for the supply of gold
(1) for the gold for the purposes of this provision shall be considered
and the gold of fineness 333) thousandths or greater, with the exception of investment gold
in the form of rough, especially slitku, bricks, strut, Boulder, grains,
granules, granules, powder, wire, fractions, or waste, sweepings
(b)) investment gold in the delivery according to the § 92 paragraph. 5.
(2) When the supply of gold with place of performance on the territory of the other payer, payer
the person registered for VAT in another Member State, or a foreign person
taxable, except exports and the supply of gold to another Member
State are required to admit persons to whom the tax is a baby delivered.
(3) of the Bill which gives the gold to the persons referred to in paragraph 2, shall be obliged to
tax administrators announce the first supplies of gold to any person not later than the date of
the first delivery of this person.
(4) of the Bill which gives the gold to the persons referred to in paragraph 2, shall be obliged to
issue the tax receipt within 15 days from the date of implementation
taxable transactions.
(5) the tax document must contain
and company or business) name and surname, or name, in addition to
name and surname or name, head office or place of business of the Bill which
Adds gold,
(b) the tax payer identification number), which supplies gold,
(c) a company or business) name and surname, or name, in addition to
name and surname or name, head office or place of business of the person, which is
Gold delivered,
(d) the tax payer identification number), which is the gold shipped
(e) the registration number of the tax document),
(f)) and the subject of performance range, including the weight and purity of gold,
(g) the date of issue of the tax document),
(h) the date of implementation, implementation)
I) unit price without taxes, and further discount if it is not contained in the
the price per unit,
j) tax base,
k) tax rate or communication, it is a performance of exempt, and
reference to the relevant provisions of this law,
l) a statement that the amount of tax is required to complement and to admit the person, that is
Gold delivered.
(6) the persons referred to in paragraph 2 which are the gold delivered, are required to
Supplement to the tax document received the amount of tax referred to in the canopy and in the
Hellers. rounded to tens of cents or use.
For the accuracy of the calculated tax corresponding to these persons.
(7) the persons referred to in paragraph 2 which are the gold delivered, are required to
admit to tax date of the chargeable event.
(8) the special scheme shall not apply to the supply of gold of the Czech National Bank.
17. Under section 94, the following paragraph 12, which read:
(12) a person registered for VAT in another Member State or foreign
a taxable person which are not registered as taxpayers, and they
shipped gold under section 92a with place of performance on the territory of the country, become a payer
the date of the implementation of the supply of gold. "
18. In section 95 shall be added to paragraph 13, which read as follows:
(13) a taxable person who becomes liable pursuant to § 94 paragraph. 12,
is required to file an application for registration to the Tax Office for Prague 1
not later than on the date of delivery of the gold under section 92a. ".
19. In section 108, paragraph. 1 at the end of the text of subparagraph (a)) with the words "
the exception of the delivery of gold under section 92a. ".
20. In section 108 at the end of paragraph 1, the period is replaced by a comma and the following
the letter o), which read:
") of the Bill, the person registered for VAT in another Member State, or
the foreign taxable person, to whom it is delivered the gold under section 92a. ".
21. In annex 2, the phrase "-other recreational activities included in the
The CPA 92.72, 92.72.1, 92.72.11 and 92.72.12. "following the phrase" Service
gyms and fitness exercise, operation of the saunas, Turkish and steam baths
included in CPA 93.04. ".
Article. XII
The transitional provisions of the
Correction of the tax base of tax pursuant to the provisions of § 42 paragraph. 1 (a). (d))
You cannot perform a execution, for which the tax was no longer in any way from
the State budget is returned.
PART NINE
cancelled
Article. XIII
cancelled
PART TEN
cancelled
Article. XIV
cancelled
PART ELEVEN
The amendment to the law on excise duties
Article. XV
Law No. 353/2003 SB., on the excise tax, as amended by Act No.
479/2003 Coll., Act No. 235/2004 Coll., Act No. 313/2004 Coll., Act No.
558/2004 Coll., Act No. 693/2004 Coll., Act No. 179/2005 Coll., Act No.
217/2005 Coll. and Act No. 377/2005 Coll., is hereby amended as follows:
1. In section 4, paragraph 4. 2 in the first sentence of the letter f) the word "and" shall be replaced by
a comma and the words "2 and 3", the words "and article 92, paragraph. 1. "
2. In section 9 (2). 1 at the end of the sentence following the comma and the words "If the law
provide otherwise ".
3. In section 19, paragraph. 3 the words "§ 99 paragraph. 3 and 4 "shall be replaced by the words" § 99
paragraph. 3 and 5 ".
4. In article 92, paragraph 1 reads:
"(1) the payer is not a natural person, that the fiscal territory of the Czech Republic
produced only a quiet wine (§ 93 par. 3), provided that the total
the quantity of still wine for the calendar year does not exceed 2 000
litres. ".
5. In section 92, after paragraph 1 the following new paragraphs 2 and 3 shall be added:
"(2) the silent wine made by a natural person on the territory of the Czech tax
Republic under the conditions referred to in paragraph 1 cannot be transported into the
another Member State for the purposes of the enterprise (section 31).
(3) a quiet wine made by a natural person on the territory of the Czech tax
Republic under the conditions referred to in paragraph 1 cannot be brought into the scheme
conditional exemption from taxes. ".
The current paragraph 2 shall become paragraph 4.
6. In paragraph 92. 4 (former paragraph 2), the words "paragraph 1"
replaced by the words "in paragraphs 1 to 3".
7. section 94 including title:
"§ 94
Of the tax on wine and intermediate products admit and pay
(1) when putting silent wine produced by a natural person on tax
the territory of the Czech Republic into free tax circulation tax obligation to admit and
pay does not arise if the conditions referred to in section 92, paragraph. 1
up to 3.
(2) the obligation to admit and pay tax there is also a natural person who
become liable under section 92, paragraph. 4, the day of the breach of the conditions laid down
in the section, paragraph 92. 1 to 3, and refers to the quantity of still wine produced from 1.
January of the calendar year in which the obligation to admit and pay the tax
arose, unless the law otherwise. ".
8. In section 98a, the words "or § 100a of the paragraph. 1 "shall be deleted.
9. In § 99 paragraph 5 is added:
"(5) a quiet wine (section, paragraph 93. 3) produced by a natural person referred to in section 92
paragraph. 1 it is not produced in the undertaking for the production of selected products [§ 19 paragraph.
2 (a). a)].".
10. In section 100a of the paragraph. 6, the words "does not arise if the small producers of wine in the
taxation period the obligation to admit and pay tax "shall be deleted, the word
"small" is replaced by the word "Small" and after the word "report"
the words "or a tax declaration".
PART OF THE TWELFTH
The change law of insurance on health insurance
Article. XVI
Act No. 592/1992 Coll., on premiums for general health insurance, in
amended by Act No. 10/1993 Coll., Act No. 15/1993 Coll., Act No. 161/1993
Coll., Act No. 320/1993 Coll., Act No. 42/1994 Coll., Act No. 241/1994
Coll., Act No. 59/1995 Coll., Act No. 145/1996 Coll., Act No. 48/1997
Coll., Act No. 127/1998 Coll., Act No. 29/2000 Coll., Act No. 118/2000
Coll., Act No. 258/2000 Coll., Act No. 492/2000 Coll., Act No. 138/2001
Coll., Act No. 49/2002 Coll., Act No. 176/2002 Coll., Act No. 309/2002
Coll. of Act No. 424/2003 Coll., Act No. 437/2003 Coll., Act No. 455/2003
Coll., Act No. 53/2004 Coll., Act No. 438/2004 Coll. and Act No. 123/2005
Coll., is hereby amended as follows:
1. In section 3, paragraph 3. 5 (a). (b)), the words "in paragraph 7 shall be replaced by" in the
paragraph 8, subparagraph (a) or in paragraph 9. (c)) ".
2. In section 3, paragraph 3. 13 at the end of the paragraph the following sentence "the provisions on the
minimum vyměřovacím the basis referred to in paragraph 6 shall apply mutatis mutandis. "
Article. XVII
The transitional provisions of the
For the employer, who in the period from 30. March 2005 entry into force
This law did not pay premiums for a period of leave without compensation
income per employee, which is covered by the provisions of section 3 (3). 8,
This insurance may not pay retroactively. For the employer, the insurance
According to the previous sentence, the amount paid shall be considered as
the overpayment.
PART THIRTEEN
The EFFECTIVENESS of the
Article. XVIII
This Act shall take effect on the first day of the calendar month
following the month in which this law has been promulgated, with the exception of the
the sixth section, the article. (IX), which shall take effect on 1 January 2005. January 1, 2007.
Zaorálek in r.
Klaus r.
Paroubek in r.