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For The Implementation Of The Law On Direct Taxes Due The State

Original Language Title: k provedení zákona o splatnosti přímých daní státních

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266/1921.



Regulation



the Government of the Czechoslovak Republic



of 28 June. July 1921



to the implementation of the law of 16 June. in March 1921, no. 116 Coll. and n.

the maturity of the direct taxes levied by the State and they incidentals

Government ties and contributions, interest for late payment and interest

replacement of these benefits, as well as from fees directly paid.



On the basis of § 18 Cust. of 16 December 2002. March 1921. Coll. 116 and n.,

ordered:



Section I.



Repayment terms.



Article 1.



(Section 1)



To paragraph 1. 1.



(1) Give volumes and posts to mean government benefits

which are collected for the benefit of self-governing volumes (countries, County, counties,

municipalities, chambers of Commerce, etc.) a certain percentage of direct taxes by State

(e.g. provincial surcharges, the County, district, municipal, school, road,

health according to the minimum regulation. out of 30. March 1918. 124., posts

for Commerce and trade Chambers, etc.).



(2) to a separate dose of self-governing volumes with the provisions of this

the Act do not apply.



To paragraph 1. 2. and 3.



(3) the existing provisions, that in different cases, continue to apply

on the maturity date, are:



A. in Bohemia, Moravia and Silesia:



1. tax výdělková of business street and kočovních: § 78, para. 3.

4., § 81, para. 2., and section 82, paragraph 2. 1. personal tax act of

October 25, 1896. 220.;



2. pension, tax is withheld if held by the debtor: § 134,

paragraph. 1., Cust. about d. os. and section 2 of the regulation. the Governments of 17 May. July 1919.

405 Coll. and n.;



3. If the income tax is withheld by the employer is being held: section 235

Cust. about d.;



4. the levy from next: article. III., para. 4. the Act of 23 July. January 1914,

REF. 13. Article 6(1), respectively. 2., para. 1. yield min. fin. of 18 May.

March 1914. 65.;



5. emergency or a war tax on company profits higher and higher

income of individuals from 1914 to 1918; the law of 24 December 2002. January 1919.

43 Coll. and n.; a tax war from higher corporate profits and higher

income of individuals from 1919: article. In the Act of 30 June. January 1920, no.

79 Coll. and n.;



6. the levy on wealth and gain on assets: § 55, para. 2.,

the law of 8 June. April 1920. 309 Coll. and n.



B. in Slovakia and Carpathian Ruthenia:



1. the interest tax on securities, deposited with financial institutions: § 3 uh. Cust. article.

VII. from the year 1883, § 26 uh. Cust. article. XI. from the year 1909 and section 2 uh. Cust. article. Vi.

from 1913, respectively, § 74, no. 1., r. uher. min. of finance. 50,000 of the r.

1913;



2. product tax class: section 40 uh. Cust. article. XLIV. from 1883;



3. product tax (IV). public class and pravomocnostenských employees,

officials, as well as employees of private companies and associations with permanent

salaries: § 40 uh. Cust. article. XLIV. from 1883;



4. tax on the profits of war; § 16 uh. Cust. article. XXIX. from 1916;



5. all taxes from the Exchange (re-purchase) výslužného and surrender: a blackhead. the BRP.

27.951 from the year 1876 and the BRP. 49.246 from 1906;



6. tax military: section 12 and paragraph. 4. section for 18 uh. Cust. article. XXVII. from the year 1880,

§ 5 uh. Cust. article. IX. from 1883;



7. a tax on weapons: sections 19 and 21 of the uh. Cust. article. XXIII. from 1883;



8. tax on hunting: section 27 uh. Cust. article. XXIII. from 1883;



9. the transport tax: § 8 uh. Cust. article. XX. from the year 1875;



10. tax on winnings: § 3 uh. Cust. article. XLIX. from 1879;



11. the levy on wealth and gain on assets: § 55, para. 2.,

Cust. from 8. April 1920. 309 Coll. and n., as amended by regulation. the Government of 25.

June 1920. 424 Coll. and n.



(4) Although the law stipulates, in what amounts and deadlines are direct taxes

the State, etc. splatny, is the tax authority shall each have been recruited, even

a smaller payment than the tax payable, as well as payments for taxes that have not yet

reached maturity or at all, have not yet been prescribed.



(5) If a taxpayer is slack also in arrears of taxes and surcharges for previous

for years, cleared its first payments on these debts with

accessories (interest on late payments and enforcement fees), beginning with

the oldest, and only after complete settlement of them to regular tax debt.



(6) the Military tax according to the law of 10 June 1999. February 1907, no. 30. (in the

Bohemia, Moravia, and Silesia), and general goods and transfer tax from

Working výkonův and sumptuous tax pursuant to the Act of 11 June 2002. February 1919

REF. 658 Coll. and n, are not direct taxes within the meaning of this Act.



Article 2.



(To section 2)



(1) the annual announcement of the mandated time limits for payment and the consequences of them

failure to follow the care and the correct performance of the publication of the supervising provincial

financial authorities in the Slovak Republic the general financial headquarters in

In Bratislava, Slovakia, Carpathian Ruthenia provincial financial administration in Uzhhorod.



(2) in the decree will also be notified on that until tax neb

increases volume and self-governing posts for the current year tax yet

prescribed, are taxpayers required to pay through the nose is referred to in the last

prescription, if perhaps something else does not follow from the law's tax

adjusting.



Article 3.



(To section 3)



To paragraph 1. 1.



(1) not only a direct tax levied by the State, but also to them increases and

posts is the taxpayer required to volumes Government pay through

the last prescription, if not for the current year still prescribed.



(2) in Slovakia and Carpathian Ruthenia by the taxes for the current year

as long as non-prescribed until the result charging the tax for the current

the year was not written into the tax sheets (hárku) poplatníkova.



(3) the derogation from the principle referred to in paragraph 1. 1. This article has only as long as

place, if something else follows from the Act provides for a tax here.



(4) Such exceptions are primarily taxes that are collected by deduction and

pay the Treasury behind, such as: tax income, if

According to § u 133 Cust. personal tax withheld and the borrower carries

within 14 days after the quarter in which the reduction should be carried out (section

134 of the law of 25 June. October 1896. 220.), or within 14 days

After the build, the half-yearly financial statements, up to 1. October

normal, respectively, to 1. April next year (section 2 of the regulation. the Governments of 17 May.

July 1919. 405 Coll. and n.); the next levy, which according to the article.

2. yield of 18 min. March 1914. 65. Similarly, selects

According to the provisions of § § 133 to 136 of the Act (s) of 25 October 2005. October 1896. 220 l.

from., by the way, that the joint-stock company or limited partnership

the company's shares in the payment of benefits at a dose of affected collide so far

a dose of it falling in the amount of 10% and they will complete it within 14 days after

expiry of the relevant quarter, respectively, of that quarter in which total

the payment of a benefit of the affected the revenue during the year benefit until

has reached the amount of 5000 K, Treasury; tax interest and rentová according to uh.

Cust. article. XXII. from the year 1875, VII. from the year 1883 and from 1908, when

withheld by the debtor held. Furthermore, these include: a tax on the profits of war

NEB-war, which is not for the tax year the neb, but from

higher profits of the neb that the calendar or marketing year, therefore

the revenue of the year is not at all; dose and the dose increment of assets on the property

According to the law of 8. April 1920. 309 Coll. and n. (Slovakia and

Carpathian Ruthenia, as amended by regulation of the Government of the Republic of

on 25 April. June 1920. 424 Coll. and n.); General tax výdělková of

Business Street and kočovních-Slovakia and Carpathian Ruthenia

product tax class of street-traders; all taxes on the exchange of

(buy-back) and výslužného of the surrender value according to uh. the BRP. 27.951 from 1876 and

the BRP. 49.246 from 1906; a tax on weapons according to uh. Cust. article. XXIII. of r.

1883; tax on hunting by uh. Cust. article. XXIII. from 1883; tax on the winnings according to the

UH. Cust. article. XLIX. from 1879 and VII. from the year 1897 and j.



(5) the obligation to pay through the nose for taxes and surcharges for the current year still

non-prescribed under the last prescription written tax authorities at the beginning of the year

the last prescription taxes and surcharges, on request, to the taxpayers of books,

that can koupiti in the revenue Office.



(6) the formula tax books is hereto attached.



(7) the provincial financial authorities to ratify, where appropriate, apply the already

established, but appropriately modified books.



To paragraph 1. 2.



(8) after completion of the prescription for the current year shall be the payment done

in accordance with the last, new prescription. If the new law is higher,

before he was the last to be prescription supplement, attributable to the time limit (deadline)

on the day of receipt of payment-in Slovakia and Carpathian Ruthenia

on the day of delivery of the tax sheets (hárku)-already expired (expired), paid

within 30 days after receipt of payment-in Slovakia and

Carpathian Ruthenia within 30 days after receipt of the tax sheets (hárku), respectively.

If tax arch (hárek) was not accepted, or from other causes could not

to be delivered, the date of delivery is attempted; the part of the tax (extra charge)

However, it does not become due and payable never before would have been payable if

prescription taxes for the current year had been known already 1. January of the current year.



(9) in taxes each year shall not be issued a special pay

orders (tax land tax, domestic class in Bohemia, Moravia, and in

Silesia), consists of the upper 30-day period within which it should be possible


the increase in taxes and premiums prescription for the current year on the already outdated

payment time limits applied, from the date of official publication in the village (the village),

the provision of all tax increases for the year in question is carried out and that the

taxpayers can put into it for the revenue Office see into him.



(10) the objectives of the tax authority shall inform about the completion of the relevant tax legislation

including price increases, which the Board of Directors of the village by a decree of the Board of Directors

the municipality is obliged to put in place of the usual way in 3 days uveřejniti and with

an indication of the date on which it happened, over the Office returned.



To paragraph 1. 3.



(11) Provisions additional means as tax due to the provisions of appendices

repair of the original prescription (Nr reasumace) and the first regulations for

time has already past.



(12) in addition to the prescribed taxes (premiums) are splatny within 30 days after

the delivery of an order for payment, in Slovakia and Carpathian Ruthenia within 30

days after receipt of the opinion.



(13) where an additional provision for the year running, is the

part of the tax in respect of which the due date stipulated, has already passed, due

within 30 days, but never before would have been payable if the tax

requirement as it appears after the additional prescription, was known.

January of the same year; the rest is payable within the prescribed payment

dates.



Section II.



Recovery of taxes and surcharges; the interest on arrears of taxes and surcharges.



Article 4.



(§ 4)



To paragraph 1. 1.



(1) the obligation to pay through interest occurs when a taxpayer whose

the annual requirement of all direct taxes State and with the State and premiums

premiums and contributions self-governing volumes in the Inland village of together

exceeds 500 Czk, taxes, and surcharges not paid within six weeks after the date of

their maturity.



(2) the tax and price increases, which will be paid within six weeks after the date of their

maturity, is not subject to the taxpayer any interest on arrears. Of taxes and surcharges

However, that will pay only after 6 weeks, it is obliged to

pay through the interest for the entire period from the due date (I eat

beginning with the date) up to including the payment of the amount due.



(3) in determining the amount of $ 500, to which are tax arrears

exempted from the payment of default interest, the integration of sčítati annual poplatníkovy

requirements of all types of direct taxes the State (with the exception of taxes, which

According to current regulations, and collect benefits from the assets referred to in

the law of 8 June. April 1920, no. 309 Coll. and n.-Slovakia and

Carpathian Ruthenia, as amended by Government Decree of 25 July. June, 1920, no.

424 Coll. and n.) even with the increases State and fondovními in one and the same

the Inland village of together.



(4) if it is to be of the prescribed income tax deduction for part of the selected

employer and part paid a taxpayer himself, does just this

the second part of the total annual requirements, from the amount of which is dependent

the obligation to pay through the default interest.



(5) in case of delay in the incorporation of the amount of tax that the employer has

sraziti and carry, the provisions of paragraph 3. § 4.



(6) where payment of the levy of property arises the obligation to pay through the nose

interest for late payment, if the entire prescription dose exceeds 500 CZK.



(7) Interest on late payment shall be subject to all kinds of direct taxes and levied

to them, the price increases to State and autonomous, without exception; the provisions of point 6.

section 28 a blackhead. Cust. article. LIII. of 1912 and the last. paragraph of section 41 in Hungary.

Cust. article. XLIV. from 1883, respectively, § 75, at the point. 7. Regulation, uh.

the Ministry of finance. 50,000 from 1913, ceases to be valid. The tax

the fine, as well as interest and enforcement fees interest on late payments

are not subject to.



(8) the obligation to pay through the interest also cashier and have offices,

being able to pay taxes for direct removal or State funds.



(9) as regards the effect of the change, that may tax the year nationalists

in náležisti poplatníkově, the tax obligation to payment of interest from the

delay, properly rozeznávati two kind of change, namely:



And changes to the original elements) as such,



(B) annual changes in obligations from) a later time.



A. in the first category include reducing or writing off the prescribed amounts of tax

as a result of the decision of the competent authority of the financial control in the appeal and the

or as a result of measures in the past, taken on the spot like that

the decision, further depreciation of land and House tax class by way of the elemental

the damage, then in the case of payment of taxes according to the last regulation within the meaning of § u

3, performed by the act as a result of new legislation lowering the formalities,

that is lower than the prescription last.



In cases of this kind will be postupovati as if tax was already

originally levied amount that was later reduced. If they have been already

prescribed interest on arrears will be corrected ex officio, or cell

written off, especially when the reduced annual requirement

poplatníkova of all kinds of taxes with the increases in the tax village together 500

Does not exceed CZK.



(B) changes to the annual obligations., effective only from a later

the moment they belong: cancellations of taxes and partial depreciation within the meaning of § § s 67, 69,

118, 146 and 229 personal taxes Act (for reasons of waiver trades,

the death of the taxpayer, etc.), complete the neb the neb partial remission of one more

the quarterly periods according to § § s 73 and taxes Act 232 people, tax depreciation

apartment for reasons of abeyance of apartments and under.



Such additional tax reduction elements do not have a retroactive effect on the

the obligation to pay through the interest for late payment and the calculation of the interest of

remaining part of the code; concerning the time limits have already expired will be subject to the obligation to

pay through the default interest according to the original annual requirements and remains

unaffected, although the actual total obligation in question in the poplatníkova

year as a result of such depreciation does not exceed 500 Czk.



In respect of the amounts that only later grow up to maturity, may nastati

the obligation to pay through the interest for late payment only if the total annual

part of the village of poplatníkova in the tax with respect to the level of depreciation

exceeds $ 500 yet.



If the tax requirement subsequently increased (as a result of the additional

prescription, prescription patches, etc.), does not have this increase on duty

pay through the interest for late payment and the calculation of interest for the period of last

also, any influence. Of the amounts increase, attributable to the payment deadline

at the time of delivery of the order for payment (of the statement) is already expired, the

prescribed interest lay only when those amounts have not been ploughing in the

the period indicated in paragraph 1. 12 and 13. Article 3. of this regulation.



When the total annual requirement poplatníkova only be additional

by increasing the amount higher than $ 500, the obligation to pay through the interest of the

the delay on the original elements počínati only from the date

immediately following the receipt of the payment order, respectively.

the operative part of which was due to increase.



(10) each payment covers the first late payment interest that fall

on the reported arrears of tax, and the rest of the payment shall be charged to the

the tax.



To paragraph 1. 2.



(11) the provisions of paragraph 2. section 4 refers to taxes that do not have a specific

the due date, as for example: a tax on the profits of war or war, the first

installment (15%) per dose from the assets in accordance with the law of 8 April 1920,

REF. 309 Coll. and n. (Slovakia and Carpathian Ruthenia, as amended by

the Czechoslovak government regulation of 25 June 2002. June 1920.

424 Coll. and n.), a tax on weapons according to uh. Cust. article. XXIII. from 1883 and r.

j. Further belong here tax additions, of which this paragraph. 2. and 3. § 3

carried out by the law.



(12) in all such cases, recovery occurs, as well as the obligation to

pay through the interest from the lay right after the expiry of the period during which the tax has to be

has been paid. Interest is calculated from the date immediately

following the expiry of that period.



To paragraph 1. 3.



(13) as to the taxes that are levied by deduction under the provisions of the

the salaries of the dose under the obligation to pay through the nose, no reliance interest from

the amount of the total annual requirements in the Inland village of poplatníkovy.



(14) the deadline means deadline, which for the precipitation State

checkout the law provides for the tax to the governing or jinaká period

the financial management on the basis of legal authorization is enabled.



(15) for the recovery of income taxes according to the law of 25 June. October 1896, no.

220., which is withheld by the employer and be paid for,

counting interest on the late payment of the tax will be so effected as if they had

employers according to the law odváděti the tax on a quarterly basis, within

half of March, June, September and December; interest shall be calculated and

prescribe them only on amounts that the following dates were not removed in a timely manner,

and from the whole of those amounts only from the day following the expiry of the

those time-limits.



(16) if the last day falls in the period during which tax should be paid

(paid), on Sunday, the neb public holiday, the deadline will expire before

the next day's work.



(17) when calculating the payment of default interest amounts to less $ 1

not taken into account.



Article 5.



(§ 5)



(1) the rekursech in the cause of default interest shall decide in order

a provincial tax offices and the Ministry of finance.




(2) as a result of the provisions of paragraph 1. 2. section 5 of the Act shall expire 30.

in December 1900, no. 83 of Rockwell. the law of 18. October 1902, no. 74 of the of.

Rockwell, the law of 13. June 1912, no. 36 of the plague, as well as all

the provisions on the collection of interest on arrears of Government (County,

municipal, Chamber music, etc.) allowances and contributions to Slovakia and

Carpathian Ruthenia.



Section III.



Replacement of taxes and interest margins.



Article 6.



(§ 6)



(1) interest is payable as of the replacement of direct taxes by State, as well as from

payable to them increases and the increases and contributions to State Government

volumes. By contrast, the free replacement of taxing interest on fines or from

other benefits, such as, in particular, interest on late payments and fees of execution.



(2) the basis for calculation of the interest tax State forming direct replacement and

levied to them increases the State and the autonomous community, which as a result

the decision on the appeal or as a result of the new assessment,

produced by means of the correction (article. 7., para. 1.), or in a day,

When the industrialist was notified about the depreciation could be returned in cash, if the

do not exceed the amount of the write-off in the appeal proceedings.



(3) to be eligible for interest if the overpayment is enough replacement,

in the manner indicated in paragraph 1. 1. the following article, according to the applicable

regulations could have on a day when the taxpayer has been notified of the depreciation,

be returned in cash, t. s. If the taxpayer in that day

nedlužil at least as high an amount to one of the other tax (premium

etc.)



(4) the reference interest of spare going on with ex officio, without the intervention

party.



Article 7.



(§ 7)



(1) a claim for interest is for the replacement of only a taxpayer overpayments

resulting from the decision of the administrative authority decision handed down on appeal

resource in the cluster storage management, or as a result of the operative part of the Supreme

Administrative Court or as a result of compliance with taxpayer complaints about financial

the management of control during the appeal or during the proceedings before the Supreme

the administrative court.



(2) overpayments in some other way, such as the BC. depreciation due to

natural damages, the abeyance of apartments, the demolition of the House, when the tax

efficiency, tax exemption, etc., do not give entitlement to the interest of the replacement, and

even those days, when there was a depreciation only after appropriate corrective

the resource side. The same is true about the depreciation of grace, on payments to the

the basis of liability for the taxes foreign and about payments according to the last regulation in

the meaning of § 3, para. 1. by the Act.



Article 8.



(§ 9)



(1) in cases of voluntary payments and tax credits in advance even

the interest due is calculated as if the replacement the amounts concerned were

received or súčtovány only in the statutory payment dates.



(2) If, prior to the tax code, the dojitím later in the appeal proceedings

reduced, paid according to the last regulation, interest replacement

only from the date of receipt of payment.



(3) for the last day of the interest rate they pay special case apart

paragraph. 3. section for the 9-day notice to the taxpayer for the tax write-off.



Article 9.



(Section 11)



Interest on claims for replacement shall decide in each case the public financial

authorities.



Section IV.



Interest on late payments and replacement fees directly paid.



Article 10.



(Section 12)



(1) the obligation to pay through the 10% interest on arrears pertain also to those persons and

institutions that have been saved or allowed the direct payment of fees (without

the official assessment) if does not pay the fee within the prescribed period

payment.



(2) the delay in the payment of the fees will be equivalent and čítány

selected 10% debt interest on arrears from the day following the

the prescribed period until the date of payment the payment of debt to the adult.



Article 11.



(§ 14)



The provisions of article 6, para. 4., and of articles 7. and 8. applies mutatis mutandis to

interest of spare from the fee.



Article 12.



(Section 15)



The obligation to pay through the interest for late payment and the entitlement to interest in the replacement tax

the transfer of goods and labour výkonův and when tax is governed by the sumptuous

the provisions for interest on late payments and replacement fees directly

paid. (article 47, paragraph 1, of the law of December 11, 1919, no. 658 Sb.

from. and n.)



SECTION V.



The provisions of the final.



Article 13.



(Section 17)



Outside the laws and regulations referred to in article 5, para. 2., and in article 4,

paragraph. 7., this regulation repeals or amends are carried out by the law, even

in particular:



paragraph (2). § 14 of the Act of 9 March 2004. February 1882, No 17.;



law of 11 June 2002. June 1894, Nr. 110.;



Regulation of the Ministry of Finance of 27. February 1906, no. 53, 7.

October 1908, no. 216., and from 22. November 1909, no. 187.;



2. section for 135, § 144, § 226, para. 2. § and § for 237 283 of the Act of 25 June 2002.

October 1896. 220., d., as amended by the Act of 23 July. January

1914. 13.;



the law of 9 July 2004. March 1870. 23., respectively, the law of 23 December 2003.

January 1892. 26.;



cís. the CLP regulation. of 16 December 2002. July 1904. 79.;



paragraph 1., 4. and (5). § 26 uh. Cust. article. XI. from the year 1909. 1., 4. and

5. § 73 in regulation. FYRO. UH. min fin. REF. 50,000 of 191;



of paragraph 9. § 26 uh. Cust. article. XI. from the year 1909 and from paragraph 1. § for 76

the CLP regulation. UH. min fin. REF. 50,000 from 1913 the provision that in cases

refund a taxpayer from any title he may be paid

only the interest you actually pay myself;



from § 40, para. 3. the, uh. Cust. article. XLIV. from 1883 and r. from section at 74, paragraph 2., r.

FYRO. UH. min fin. REF. 50,000 from 1913 the provision that the first of April and

on 1 October each year, the tax payable to the product class has to be paid

by 15. may, with regard to the 15. November;



of the section for 74, point 6., r. UH. min fin. REF. 50,000 of the 1913 provisions,

that 1. October of each year, the military has to be taxs due paid

by 15. November;



point 1. and 2. § 28 uh. Cust. article. LIII. of 1912 and point 1., 2. and 6. § for 75

the CLP regulation. FYRO. UH. min fin. REF. 50,000 and from 1913.



Article 14.



(Section 18)



(1) the provisions of § 1, paragraph 1, carried out by the law, and to

designated by the beginning of its efficiency is 1 January 2006. due 1 April 1921.

and 2. quarterly income tax and the amount of the pension for the year 1921, if

payment of their worry.



(2) direct taxes levied by the State and they incidentals the Treasury and

Government, from fees directly paid by (even without a prescription

the official assessment) including General transfer tax goods and working

výkonův and sumptuous tax that became payable before 1. April 1921

and there were still provisions in a timely manner according to the plativších: will be for a period of

up to 1. April 1921, calculated and collected from late payment interest

plativších laws and regulations, while for the period from 1 January 2005. April 1921 until the day

payment according to the provisions of the new law.



(3) the taxes, surcharges and fees which are subsequently prescribed for

some time before the 1. in April 1921, the failure to observe the legal deadlines

payment (section 3, paragraph 1. 3., §§ 12 and 13 carried out the Act) be calculated and

selected default interest pursuant to the provisions of the new law.



(4) interest will be followed, mutatis mutandis, in respect of the replacement.



(5) the reservation provided for in paragraph 1. 1. section 18 does not apply to t.. Small and

large municipalities in Slovakia and Carpathian Ruthenia.



Article 15.



This Regulation shall enter into force on the date of the notice; making his instructs

the Minister of finance.



Black v. r.



Dr. Cinderella in r.



Dr. William I in r.



Dr. Burger in r.



Dr. Gruber in r.



Dr. Edvard Beneš in r.



Dr. walk in r.



Dr. Hannah F in r.



Dr. Brdlík in r.



Dr. Smith in the r.



Husák in r.



Dr. Hotowetz v. r.,



also the Minister of Hanačíka.