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Amendment Of The Act On The Czech National Council Road Tax

Original Language Title: Novela zákona ČNR o dani silniční

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302/1993 Coll.



LAW



from day 1. December 1993 amending and supplementing Act of the Czech national

Council No. 16/1993 Coll., on the road tax, the Czech National Council Act No.

337/1992 Coll., on administration of taxes and fees, as amended by the Act of the Czech national

No 35/1993 Coll. and Act No. 156/1993 Coll., and Act No. 209/1992 Coll.,

about the system of taxes



Change: 356/2003 Coll.



Parliament has passed the following Act of the United States:



Article. (I)



The law of the Czech National Council No. 16/1993 Coll., on the road tax, shall be amended and

supplemented as follows:



1. In article 2 (2). 1 at the end of the sentence period is replaced by a comma and connect

the following words: "from which the income is subject to income tax pursuant

the specific rules ^ 1a) or similar taxes abroad. ".



2. section 2 (2). 2 is added:



"(2) are not subject to tax:



and defined specific) special předpisem2) and their trailers

of the vehicle,



(b)), to vehicles which have been given special license

mark. ^ 3) ".



3. section 3 (2). 1, 2 and 3 shall be added:



"(1) shall be exempt from tax:



and single-lane and vehicles) of the vehicle with three wheels and their trailers,

of the vehicle,



(b)) vehicles of diplomatic missions and consular posts, if it is guaranteed to be

reciprocity,



c) cars, trucks to the total weight of 3.5 t and

their trailers registered abroad, unless the vehicle

operating on the territory of the Czech Republic by persons domiciled or permanently

the stay on the territory of the United States or entities, which are usually

present, ^ 3a) or persons domiciled or resident abroad,

which are on the territory of the United States a permanent establishment or other

organizational folder ^ 3b)



d) vehicles that are located abroad, in the tax year

continuously for at least 183 days, if they are operated by persons located or

permanent residency on the territory of the United States or persons who are here

usually resides ^ 3a) or by persons established or resident in

abroad, which are on the territory of the United States a permanent establishment or

another business folder; ^ 3b) released on the part of the tax

the period during which these vehicles are continuously abroad; to

This time, the counts for each full calendar month after that is

the vehicle outside the territory of the Czech Republic,



e) vehicles used for public transport as a rule people in urban

public transport,



(f)) of the vehicle fire protection, vehicle health and mine rescue

service and breakdown service gas equipment; the vehicle must be

equipped with a special warning světlem3c) registered in certificate of title

to the vehicle. For vehicles not equipped with a warning light, health is

governing their designation in the roadworthiness of the vehicle (e.g. ambulance,

outpatient, etc.),



g) trucks usually emergency supplies

drinking water,



h) vehicle special samosběrová (sweeping) and dedicated

vehicles-markers of roads and vehicles used by the administrators

exclusively for skiing conditions on security and feasibility of communications, ^ 3d)



ch) vehicle connections used for the transport of postal items, as a rule,



I) vehicles used for the carriage of goods as a rule from the place in which they are

things are stored, on the place of transhipment to rail, sea or air

transport or from here to the point of destination, unless the distance between the

place of transhipment and the place where things are stored, or the place of

destination longer than 50 km,



j) vehicles meeting the limits laid down by specific provisions; ^ 4)

be exempt until 31 December 2004. December 1995,



to) electric vehicles; be exempt until 31 December 2004. December 1995.



(2) the requirement for exemption from the vehicle tax expressed in paragraph 1

(a). e), (g)), ch) and i) the term "usually" is fulfilled if the vehicle

You'll miss for the intended purpose, more than 50% of the total number of kilometres

kilometers driven vehicle in a tax year.



(3) entitlement to the exemption of vehicles referred to in paragraph 1 (b). j) proves

the taxpayer some of these ways:



and the indication referred to in the technical) vehicle in the column "3b" (a type of

engine bearing the indication "CAT" or "), NKAT



(b) the information referred to in the technical) licence of vehicle under the heading "official

the records ", in which is described the performance of the specific legislation, ^ 4)



(c)), the entry in a separate document issued by the vehicle manufacturer or his

authorized representative (accredited by the importer) or



(d)) a separate document issued by the manufacturer or his authorised

Representative (accredited by the importer), which certifies that the technical

fitness equipment to reduce emissions was approved feed

limits under the specific legislation ^ 4) (certificate of the product accompanied by

the type-approval number in the Czech Republic).



If you write the data or the release of a stand-alone document has expired

more than two years, proof that the taxpayer be entitled to exemption still

confirming an authorized site for the measurement of emissions of

the positive outcome of the emission test. In doubtful cases is crucial

the opinion of the Institute for research of motor vehicles in Prague. "



4. In section 3, the following paragraph 5 is added:



"(5) the right of exemption referred to in paragraph 1 (b). (j)), one

the taxpayer relates to the number of the corresponding number of tractors for semi-trailers,

fulfilling the required conditions. ".



5. In section 4, paragraph 1, the following paragraph 2 is added:



"(2) the taxpayer is always



and, if paid by the employer) travel allowances to your employees ^ 4a)

for the use of a car, where the tax obligation already

the holder of the vehicle,



(b)) a person which uses vehicle registered and designated as State

mobilizing reserve ^ 4b) ("Program 222"),



c) permanent establishment or other organizational folder ^ 3b) persons, based

or permanent residents abroad. ".



The former paragraph 2 becomes paragraph 3.



6. section 6 (1). 1 and 2 shall be added:



"(1) the annual rate of the tax on the taxable amount pursuant to section 5 (b). and) is when

engine capacity engine



$1200 to 800 cm3



over 800 cm3 to 1250 cm3 1800 Czk



over 1250 cc to 1500 CC 2400 Czk



over 1500 cm3 up to 2000 cm3 3000 Czk



over 2000 CC to 3000 CC-$ 3600



over 3000 cm3 £ 4200.



(2) the annual tax rate of the taxable amount pursuant to section 5 (b). (b)), and (c))

When the number of axle weight



1 axle

to 1 ton of 1 800 Czk

over 1 t to 2 t 2 700 Czk

over 2 to 3.5 t t 3 900 Czk

over 3.5 t to 5 t 5 400 Eur

over 5 t to 6.5 t 6 900 Eur

over 6.5 t to 8 t 8 400 Eur

over 8 t 9 600 Czk

2 axles

to 1 ton of 1 800 Czk

over 1 t to 2 t 2 400 Czk

over 2 to 3.5 t t 3 600 Czk

over 3.5 t to 5 t 4 800 Czk

over 5 t t 6 to 6.5 EUR

over 6.5 t 8 t 7 200 Czk

over 8 t to 9.5 t 8 400 Eur

over 9.5 t to 11 t 9 600 Czk

over the 11 t to 12 t 10 800 Eur

over 12 tonnes to 13 t 12 600 €

over 13 t to 14 t 14 700 Czk

over 14 to 15 t 16 500 Czk

over 15 to 18 t 23 700 Czk

over 18 t to 21 t 29 100 Czk

over 21 to 24 t 35 100 Czk

over 24 t to 27 t 40 500 Eur

over 27 t 46 200 Czk

3 axles

to 1 t 1 800 Czk

over 1 to 3.5 t t 2 400 Czk

over 3.5 t 6 t 3 600 Czk

over 6 t to 8.5 t 6 000 CZK

over 8.5 t to 11 t 7 200 Czk

over the 11 t to 13 t 8 400 Eur

over 13 t 15 t 10 500 Eur

over 15 to 17 t 13 200 Czk

over 17 to 19 t 15 900 Czk

over 20 t to 21 t 17 400 Czk

over 21 t-23 t 21 300 Czk

over 23 t to 26 t € 27 300

above 26 to 31 t t 36 600 Czk

over 31 t to 36 t 43 500 Eur

over the 36 t 50 400 Czk

4 axle

and more axles

the 18 t 8 400 Eur

over 18 under 21 t t 10 500 Eur

over 21 to 23 t 14 100 Czk

over 23 t up to 25 t 17 700 Czk

over 25 tons to 27 t 22 200 Czk

over 27 29 28 200 t to t €

the 29 t to 32 t 33 300 Czk

over 32 to 36 t t 39 300 Czk

over the 36 t 44 100. ".



7. In paragraph 6, the following paragraph 4 is added:



"(4) in the case referred to in section 4, paragraph 4. 2 (a). and the tax rate) is $25 per

each day of use of the car, if it is for the taxpayer

(employer). ".



8. In article 7 (2). 1 and 4, the words "(§ 8 paragraph. 2) "is replaced by" (§ 8

paragraph. 3) ".



9. In paragraph 7 (2). 2 at the end of this sentence connects:



"If the length of stay Is shorter than it was at the entrance in the territory of the United

States, the tax is not refundable. ".



10. section 8 including the title reads as follows:



"Commencement and termination of tax liability payment, maturity, and rounding

taxes and tax advances



§ 8



(1) for vehicles, which is in the territory of the United States granted

license plate, and for vehicles registered in foreign countries, which are on

the territory of the United States operated by persons domiciled or permanently

the stay on the territory of the United States or entities, which are usually

present, ^ 3a) or persons domiciled or resident abroad,

which are on the territory of the United States a permanent establishment or other

organizational folder ^ 3b) starting from the date the tax becomes chargeable

the month in which the relevant facts have been met referred to in § 2 (2).

1. the tax Payers of these vehicles served a tax return under section 15

at the locally competent tax administrator. ^ 4 c)




(2) for vehicles referred to in paragraph 1 shall cease on the taxation

the calendar month in which they have passed the operative event referred to in § 2

paragraph. 1. If, during the tax period, however, a change in the person of

the tax liability of the taxpayer, the taxpayer's original expiry

the calendar month preceding the calendar month prior to the emergence of

tax obligations of new taxpayer.



(3) for vehicles registered in foreign countries, which are not referred to in paragraph

1, tax shall become chargeable on the date of entry into the territory of the Czech Republic and

expires on the date of exit from the territory of the Czech Republic; the tax administrator's authority

referred to in the specific legislation. ^ 5) ".



11. section 9 reads as follows:



"section 9



(1) for vehicles for which arises during the tax period or

the tax liability is extinguished, the proportional amount of the tax tax rate

corresponding to the product of one twelfth of the annual tax rate and the number of

calendar months from the beginning of the tax year, or

the calendar month in which the tax became chargeable to the end

the tax period or until the end of the calendar month in which the lapse

tax liability.



(2) as well as the emergence of tax liability is assessed loss of entitlement to

exemption from taxes and as well as the disappearance of the tax shall be assessed

entitlement to relief. ".



12. in article 10, paragraphs 1, 2 and 3 shall be replaced by the new paragraphs 1, 2, 3 and 4,

shall be added:



"(1) the taxpayer pays the tax payable at the latest within the time limit to 15.

February, 15. April, 15. July 15. October regular tax year.



(2) the tax is paid in the aggregate total of one quarter of the annual tax

rates attributable to any vehicle that has a tax liability in

the nearest maturity date tax advances. The tax does not apply,

in the case of vehicles which comply with the conditions for exemption under section 3 (1).

1 (b). a) to (c)) and (b). e) to). Does not exceed the annual tax liability

the amount of $10,000 is payable at once, and not later than the date

the nearest of the advance referred to in paragraph 1.



(3) in the first period for payment since the inception of the tax liability is paid

dilute an aliquot portion of the tax attributable to the calendar months from the inception of the

tax obligations, including advance to the next quarter.



(4) on vehicles registered and designated as a national mobilization

reserves ^ 4b) ("Program 222") and for vehicles transported the manufacturer after the

your own customer or abroad for exhibitions is an advance on tax

twelfths shall calculate the annual tax rate attributable to the

each vehicle for each calendar month in which the vehicle was

tax liability. In the cases referred to in section 4, paragraph 4. 2 (a). and backup)

shall be calculated by analogy with the previous sentence or of according to § 6 paragraph 1. 4.

The vesting period for the calculation of advances starting calendar month to which the

fell the previous due date of backup, and ending with the calendar

in the month preceding the month in which occurs the following term

the maturity of the advance, with the exception of the advance due 15. February, where is

decisive period of the month of January of the calendar year of the normal tax

period. ".



Paragraphs 4 and 5 shall be renumbered as paragraphs 5 and 6.



13. in section 10, paragraph 1. 4, renumbered 5, the words "1-3"

shall be replaced by "1-4" and the words "on the date of entry into the territory of the Czech Republic,

where applicable, beginning with the effective date of this Act and the date of exit from the territory of the

The United States "shall be replaced by the words" pursuant to section 8 (2). 3. "



14. in section 10, paragraph 1. 5, renumbered 6, the words

"installments" is replaced by "backups".



15. In paragraph 11, the word "payment" is replaced by the word "backup".



16. in § 12 para. 1, after the words "tax year" the words "with the

one vehicle ", the words" 400 km "is replaced by" 250 km "and

the words ' and are deleted when you overcome greater distances than 800 km

counted as three runs ".



17. § 12 para. 2, the first sentence reads: "Driving in combined transport for the

the purposes of this Act, the transport of the vehicle after the road from

the place of loading to the nearest railway station or port and

rail or water communication into the railway station or port

the nearest to the place of destination, if the road is not

more than 100 km in one direction. ".



18. § 12 para. 3 read as follows:



"(3) the tax credit applies the taxpayer at the locally competent tax administrator

in the tax return. Until 31 December 2006. following calendar year can be

applied to the tax administrator ^ 5) are entitled to a discount in the case of the vehicles referred to in section

8 (2). 3. the administrator daně5) discount on credit equal to the tax paid in tax

periods of the following calendar year, or the amount corresponding to the discount

lodged with the Bank on the territory of the Czech Republic on account denominated in Czech

currency. ".



19. in § 13 para. 2 the words "§ 8 para. 2 "shall be replaced by the words" § 8 para.

3. "



20. section 14 reads as follows:



"section 14



Carried out the reconstruction of the vehicle, which has resulted in a change in the tax base and the

the annual tax rate does not change the tax liability during the tax

period. ".



21. section 15 including the title reads as follows:



"§ 15



Tax return



(1) tax return, the taxpayer, to which the tax becomes chargeable

pursuant to section 8 (2). 1, no later than 31 December 2006. January of the calendar year

following the end of the tax year, even in cases

in the case of the taxpayer to whom the return is processing tax advisor. In

return shall be made exempt from tax and vehicle, except vehicles

referred to in § 3 (1). 1 (b). a) and (b)).



(2) the taxpayer referred to in paragraph 1 shall be obliged to in the tax return tax

alone to calculate and pay it to the tax administration within the time limit for the submission of the return.



(3) the taxpayer to whom the tax becomes chargeable under section 8 (2). 3,

does not pick up the tax return. The taxpayer participates in the tax assessment or

the balance of the tax by the tax administrator carried out. ^ 5) tax is payable on the Czech

the border crossing at the entrance to or exit from the territory of the territory of the United

the Republic at the time of the initiation of the customs control. Thus assessed and

paid the tax or the tax administrator shall issue supplementary tax ^ 5) taxpayer

confirm that the taxpayer demonstrates the amount of taxes paid. Form

the confirmation of the assessment and payment of tax or supplementary tax issues

the Ministry of finance. "



22. In article 16(1). 1 at the end of the dot is replaced by a comma and connect

the following words: "unless otherwise provided by this Act.".



23. section 17 reads:



"§ 17



(1) the Ministry of finance in relation to foreign countries, take measures to

ensuring reciprocity or retaliatory measures in order to offset

taxation.



(2) the tax administrator may, where justified, provide tax advances

other than as stated in § 10. The decision on the determination of backups

otherwise, you can file an appeal. ".



24. under section 17 of the new section 17a shall be inserted, as follows:



"§ 17a



(1) the amount paid to the tax during the tax year 1993

in the case of the vehicles referred to in § 8 para. 1 in excess of the tax

the obligation under the applicable legislation, in 1993, are on the overpayment scam

tax under the special regulation 7) the tax administrator shall proceed mutatis mutandis, ^ 4 c)

If a taxpayer to 31. January 1994 the application in which the claim

exemption under section 3 (1). 2 or be entitled to a tax credit under section 12

paragraph. 3 for the tax period in 1993.



(2) if the tax on vehicles specified in § 8 para. 1 in the

November or December of 1993, the taxpayer shall pay a proportional amount of the tax

attributable to this vehicle no later than 31 December 2006. January 1994.



(3) a taxpayer whose tax obligation to the newly formed during the

the tax period, the tax has the notification obligation. ".



25. Note No. 1a), 3), 3a), 3b) 3 c), 3d), 4), 4a), (4b)), 4 c), and 5)

Footnotes shall be added:



"1a) Act No. 586/1992 Coll., on income taxes.



3) § 94 of Decree of the Ministry of Interior No 145/1956 effects, on

roads, as amended by Decree No. 34/1984 Coll.



3A) § 2 (2). 4 Act No. 586/1992 Coll., as amended.



3B) § 22 para. 2 of the Act No. 586/1992 Coll., as amended.

§ 21 of Act No. 513/1991 Sb.



3 c) section 52 para. 1 (b). and (c)) of the Decree), and Federal Ministry of

No. 41/1984 Coll., on conditions for the operation of vehicles on the road

safety, as amended.



3D) section 9 of Act No. 135/1961 Coll. on road traffic, as amended by

Act No. 29/1984 Coll.



4) UN/ECE 83-01 (Directive EC 89/458 or 91/441, US Federal 83) and UN/ECE

UN 83 (B), (C) (Directive EC 88/76 or 88/436) or UNECE Regulation 24-03

and 49-02 (EC Directive 72/306 and 88/77 to 91/542), the limits for the

control of the series,



4A) § 6 para. 2 of the Act No. 586/1992 Coll., as amended.



4B) section 1 of the regulation of the Government of the CZECHOSLOVAK FEDERAL REPUBLIC no 284/1992 Coll., on measures of economic

mobilization.



4 c) of section 4 of Act No. 337/1992 Coll., on administration of taxes and fees, as amended by

Act No. 35/1993.



5) § 3 (1). 2 (a). c) of Act No. 13/1993 Coll. Customs law. ".



Article II



The provisions of sections 94 and 95 of the Czech National Council Act No. 337/1992 Coll., on the

the administration of taxes and fees, as amended by Act No. 35/1993 Coll. and Act No.

157/1993 Coll. are deleted.



Article. (III)



cancelled



Article IV



Decree of the Ministry of finance is hereby repealed 70/1993 Coll., which

performs the Act on road tax.



Article. In



The President of the Chamber of deputies of the Parliament is to ratify, in the collection of


the laws declared the full text of the Czech National Council Act No. 16/1993 Coll., on the

the road tax, as is apparent from the amendments made by this

by law.



Čl.VI



This Act shall take effect on 1 January 2000. January 1994.



Uhde in r.



Havel, v. r.



Klaus r.