Act No. 1 / 2005 Coll.
Act amending Act No. 243 / 2000 Coll., on the budgetary determination of the proceeds of certain taxes to local authorities and certain state funds (Act on the Budget Determination of Taxes), as amended, and certain other laws
Valid
Effective from 03.01.2005
1
THE LAW
of 26 December 2004
amending Act No 243 / 2000 Coll., on the budgetary determination of the revenue of certain taxes to local authorities and certain state funds (Law on the Budget Determination of Taxes), as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment to the Budget Tax Determination Act
Act No 243 / 2000 Coll., on the budgetary determination of the proceeds of certain taxes to local authorities and certain state funds (Law on the budgetary determination of taxes), as amended by Act No 492 / 2000 Coll., Act No 483 / 2001 Coll. and Act No 387 / 2004 Coll., is amended as follows:
1. in Article 3 (1) (b) to (f), "3,1" is replaced by "8,92."
2. In Article 5 (b), "20 'is replaced by" 9,1' and the words "petroleum fuels and lubricants' are replaced by" mineral oils'.
3. In Article 6, at the end of paragraph 2, the sentence "The amount to be transferred in the last month of the financial year, which could no longer be credited to the account of the beneficiary for the same financial year, shall be added to the account of the beneficiary immediately after the end of the financial year as an operation of the following financial year. ';
4. In Article 6, the following paragraph 3 is inserted after paragraph 2:
"(3) Where the tax administrator manages taxes which are not the income of the State budget and for which the beneficiaries do not obtain a right in the form of a share in the national gross income of the tax, he shall transfer the proceeds of those taxes to their recipients under this Act no later than 1 month from the date on which the funds were entered in the tax entity's personal account into his tax due. ';
Paragraphs 3 and 4 shall be renumbered paragraphs 4 and 5.
5. In Article 6, the following paragraph 6 is added:
"(6) The tax revenue collected on the last working day of the financial year, which cannot be transferred to the accounts of eligible beneficiaries for time reasons in that year, shall be earmarked from the national budget accounts before the closure of the results of the State budget management by the Czech National Bank and, after sorting into the relevant types of taxes, transferred to the accounts of eligible beneficiaries within 10 working days of the following financial year."
6. Annex 1 shall read as follows:
"Annex No. 1 to Act No. 243 / 2000 Coll.
Percentage by which each region contributes to the percentage of the national gross income of the tax pursuant to § 3 (1) (b) to (f)
| Kraj | Procento |
|---|---|
| Hlavní město Praha | 3,183684 |
| Středočeský | 13,774311 |
| Jihočeský | 8,607201 |
| Plzeňský | 7,248716 |
| Karlovarský | 3,772990 |
| Ústecký | 8,242502 |
| Liberecký | 4,681207 |
| Královéhradecký | 6,442233 |
| Pardubický | 5,555168 |
| Vysočina | 7,338590 |
| Jihomoravský | 9,526055 |
| Olomoucký | 6,751705 |
| Zlínský | 5,251503 |
| Moravskoslezský | 9,624135 |
| Úhrn | 100,000000“. |
Transitional provision
The procedure for the transfer of tax revenue pursuant to § 6 (6) of Act No. 243 / 2000 Coll., as amended by this Act, shall apply for the first time for the transfer of tax revenue for 2004.
Amendment of the Railway Act
Act No. 266 / 1994 Coll., on Railways, as amended by Act No. 189 / 1999 Coll., Act No. 23 / 2000 Coll., Act No. 71 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 77 / 2002 Coll., the Constitutional Court found under Act No. 144 / 2002 Coll., Act No. 175 / 2002 Coll., Act No. 309 / 2002 Coll., Act No. 320 / 2002 Coll. and Act No. 103 / 2004 Coll., is amended as follows:
1. In Article 2 (7), the second and last sentences are deleted.
2. In Paragraph 39a (3), the words "the rules on the allocation of funds from regional budgets' are deleted.
3. In Paragraph 39b (1), the last sentence is deleted.
(4) Paragraph 65a, including footnote 12a, is deleted.
Amendment of the Road Transport Act
Act No. 111 / 1994 Coll., on Road Transport, as amended by Act No. 38 / 1995 Coll., Act No. 304 / 1997 Coll., Act No. 132 / 2000 Coll., Act No. 150 / 2000 Coll., Act No. 361 / 2000 Coll., Act No. 175 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 577 / 2002 Coll., Act No. 103 / 2004 Coll. is amended as follows:
1. In Paragraph 2 (19), the second and last sentences are deleted.
2. in Article 12 (3) (a), the words "subsidised by the State" shall be replaced by the words "financially supported by the region."
3. In Paragraph 19a (1), the last sentence is deleted.
4. In Article 19b (6), the words "the rules on the allocation of funds from the county budget 'are deleted.
5. § 40c is deleted.
Amendment of forest law
In Article 47 of Act No. 289 / 1995 Coll., on Forests and on the amendment and addition of certain laws (Forest Act), as amended by Act No. 132 / 2000 Coll. and Act No. 320 / 2002 Coll., paragraph 4 is added:
"(4) Reimbursement of costs pursuant to § 24 (2), § 26 (2), § 35 (1) and (3) and § 37 (7) and the provision of services or financial contributions pursuant to § 46 shall be provided on behalf of the State by the authority of the administration of the forests whose jurisdiction is the relevant decision or act under this law (§ 48 to 49). If this authority is the municipal authority of the municipality with extended scope, the regional authority shall ensure that the costs are reimbursed on the initiative of the municipal authority of the municipality with extended scope. '
Amendment of library law
Act No. 257 / 2001 Coll., on Libraries and Conditions of Operation of Public Library and Information Services (Library Act) is amended as follows:
1. In Article 9, at the end of paragraph 2, the dot is replaced by a comma and the following point (g) is added:
"(g) ensure the national coordination of regional functions and evaluate their implementation."
2. In Article 11, the sentence "The performance of regional functions and its coordination shall be supplemented at the end of paragraph 3 by the country's funds."
Amendment of the Atomic Law
Act No. 18 / 1997 Coll., on the Peaceful Use of Nuclear Energy and Ionizing Radiation (Atomic Act) and amending and supplementing certain laws, as amended by Act No. 83 / 1998 Coll., Act No. 71 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 13 / 2002 Coll., Act No. 310 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 279 / 2003 Coll. and Act No. 186 / 2004 Coll., is amended as follows:
1. in Paragraph 28 (2) (e):
"(e) to identify the risk arising from the presence of radon and its conversion products in the internal air of buildings, to take measures evidently justified pursuant to Article 6 (5) and measures to reduce the content of natural radionuclides in drinking water intended for public supply."
2. § 46a reads:
(1) Regional Office for the Protection of the Population from Irradiation from Natural Resources
(a) carry out the distribution and collection of detectors intended to search for structures with higher levels of radiation from natural radionuclides in their indoor air in accordance with the implementing legislation;
(b) transmit the results of the measurements to the owners of the buildings and inform them of the terms and conditions for obtaining the subsidy from the State Budget pursuant to Paragraph 28 (2) (e);
(c) accept requests for State budget subsidies pursuant to Article 28 (2) (e) and, together with its opinion and opinion of the Office which it requests, transmit them to the Ministry of Finance;
(d) checks, in cooperation with the Office and the competent building office, the effectiveness of the measures taken to protect the health of the population against radiation from natural radionuclides.
(2) The State Budget subsidy provided for in Section 28 (2) (e) is provided by the Ministry of Finance. The procedure for the receipt of applications for such subsidies, the details of the application and the procedure for the transmission of applications by the Regional Office to the Ministry of Finance shall be laid down in the implementing legislation.
(3) Office
(a) coordinate and methodically manage the distribution and collection of detectors intended to search for structures with higher levels of radiation from natural radionuclides in their internal air;
(b) the implementing act lays down the conditions for granting a subsidy from the State Budget pursuant to Article 28 (2) (e) and, in cooperation with the regional authorities, keeps a record of the objects sought to meet these conditions;
(c) issue an opinion on the application for a State budget subsidy pursuant to Article 28 (2) (e) and an opinion on the effectiveness of the anti-radon measure. "
3. Paragraph 47 (10) reads:
"(10) The Office will issue a decree implementing Articles 46a (1) (a) and 46a (3) (b). The Ministry of Finance shall issue a decree implementing § 46a (2). '
Amendment of Act No. 290 / 2002 Coll., on the transition of certain other items, rights and obligations of the Czech Republic to regions and municipalities, civil associations active in the field of sports and related changes and amending Act No. 157 / 2000 Coll., on the transition of certain items, rights and obligations from the property of the Czech Republic, as amended by Act No. 10 / 2001 Coll., and Act No. 20 / 1966 Coll., on the care of the health of the people, as amended
Act No. 290 / 2002 Coll., on the transition of certain other items, rights and obligations of the Czech Republic to regions and municipalities, civil associations active in the field of physical and sports and on related changes and amending Act No. 157 / 2000 Coll., on the transition of certain items, rights and obligations from the property of the Czech Republic, as amended by Act No. 10 / 2001 Coll., and Act No. 20 / 1966 Coll., on the care of the people, as amended, as amended, as amended, as amended by Act No. 150 / 2003 Coll.
1. Paragraph 3, including footnote 7, reads:
(1) The day of the effectiveness of the special legislation7) becomes the permanent theatre scene with the headquarters of Denisova 148, 339 01 Klatovy, identification number 00075094 (hereinafter referred to as the "permanent theatre scene"), which was on the date preceding the effectiveness of the special legislature7) a state contribution organisation, a contribution organisation of the Pilsen Region.
(2) The permanent theatre scene remains the carrier of commitments, including rights and obligations from employment relations. Until 30 April 2005, the Pilsen Region shall adapt its existing instrument of incorporation to the requirements of the instrument of incorporation issued under the special legislature6) and submit an application for registration in the Commercial Register.
(3) By the date of the effectiveness of the special legislature7), the State's ownership of the Pilsen Region is transferred to the matters with which the permanent theatre scene was responsible on the date preceding the effectiveness of the special legislature7).
(4) At the same time, all the rights and other property values of the State with which the permanent theatre scene was responsible at the date preceding the effectiveness of the Special Legislation (7) are transferred to the Pilsen Region on the date of the effectiveness of the Special Legislation.
(5) The State will prepare and write a permanent theatre scene with Pilsen Region by 28 February 2005 at the latest. The protocol is a document sent by the acquirer before 30 June 2005 with the announcement of the transfer of ownership law from the Czech Republic to the region to record the rights to the property register. 16) No later than 31 March 2005, the Annexes to the Protocol shall be annexed to the Protocol, drawn up on the basis of the results of the extraordinary accounts carried out on the date preceding the effectiveness of the Special Legislation (7) under the Specific Legislation (14), the list of which shall be included in the Protocol. In the rest, Section 8 applies mutatis mutandis to this Protocol.
7) Act No. 1 / 2005 Coll., amending Act No. 243 / 2000 Coll., on the budgetary determination of the proceeds of certain taxes to local authorities and certain state funds (Act on the Budget Determination of Taxes), as amended, and certain other laws. "
2. In Annex 2, the words "Denisova 148, 1939 01 Klatovy, 00075094 'are deleted.
Amendment of the budgetary rules
Act No. 218 / 2000 Coll., on budgetary rules and amending certain related laws (budgetary rules), as amended by Act No. 493 / 2000 Coll., Act No. 141 / 2001 Coll., Act No. 187 / 2001 Coll., Act No. 320 / 2001 Coll., Act No. 450 / 2001 Coll., Act No. 202 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 479 / 2003 Coll., Act No. 186 / 2004 Coll., Act No. 257 / 2004 Coll., and Act No. 436 / 2004 Coll., is amended as follows:
1. In Paragraph 53 (1), at the end of the second sentence, the words "and with funds provided from abroad 'are replaced by the words", with funds provided from abroad and with funds provided from the budgets of the local authorities and state funds'.
2. the following Section 75a is inserted after Section 75, including footnote 33:
The procedure for completing the proper transfer of tax revenue, which is intended to be divided between the State budget, the counties, the municipalities and certain State funds and which could no longer be transferred from the State budget accounts to the accounts of authorised beneficiaries by the end of the financial year, is governed by specific legislation. 33)
33) Article 6 (6) of Act No. 243 / 2000 Coll., on the budgetary determination of the proceeds of certain taxes to local authorities and certain state funds (Act on the Budget Determination of Taxes), as amended by Act No. 1 / 2005 Coll. '
Amendment to the Act on State Monument Care
Act No. 20 / 1987 Coll., on State Heritage Care, as amended by Act No. 242 / 1992 Coll., Act No. 361 / 1999 Coll., Act No. 122 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 146 / 2001 Coll., Act No. 320 / 2002 Coll., Act No. 18 / 2004 Coll. and Act No. 186 / 2004 Coll., is amended as follows:
1. Paragraph 23 (6) is deleted.
Paragraph 7 shall become paragraph 6.
2. the following Section 23a is inserted after Section 23, including the title and footnote 18a:
Owning of movable archaeological findings
(1) Massive archaeological findings shall be the property of the region, if they are not the property of the State or the municipality referred to in paragraph 2.
(2) Mental archaeological findings are the property of the region in whose territorial district they have been made, not of the movable archaeological findings made in the archaeological research carried out by a contribution organisation or an organisational component of the municipality which is the property of the municipality, or of the mated archaeological findings made in the archaeological research carried out by a state organisation or organisation of the state which is the property of the Czech Republic.
(3) Massive archaeological findings which are the property of the region are stored in the museum established by it. Mental archaeological findings, which are the property of the municipality, are stored in a museum set up by the municipality or in a museum set up by another municipality or region. With movable archaeological findings that are the property of the Czech Republic, the relevant management is 18a) state organisations or organizational bodies of the State which have made the findings in the course of the archaeological research referred to in paragraph 2; such movable archaeological findings are normally stored in museums set up by the Ministry of Culture or in other state organisations or bodies of the State, provided that collections of a museum nature are kept permanently.
(4) The Region and the Municipality are obliged to transfer the movable archaeological findings to the property of the Czech Republic at the price specified in the expert's opinion if the Ministry of Culture so requests in writing within 3 years of the date on which the movable archaeological findings were made. In this case, the Ministry of Culture shall, at the same time, be obliged to pay the necessary costs incurred by the county or municipality in connection with the movable archaeological findings, with the exception of the remuneration and compensation granted to the finder pursuant to Article 23 (4). The expert shall be designated and the costs of carrying out the assessment shall be borne by the Ministry of Culture.
18a) § 9 paragraph 1 of Act No. 219 / 2000 Coll., on the property of the Czech Republic and its presentation in legal relations. '
Transitional provisions
1. Massive archaeological findings, which are the property of the Czech Republic according to existing legislation and have been made in the territory of the region, or are stored in a museum established by the region, or in another contribution organisation or organisational component established by the region, shall be transferred to the ownership of this region on the date of entry into force of this law. This shall not apply to movable archaeological findings made in archaeological research carried out by a state organisation or an organisational body of a State which has not yet been deposited in a museum established by the region or in another contribution organisation or organisational component established by the region; with this property of the Czech Republic, the date of entry into force of this Act is the relevant management1) this state organization or organisational component of the state.
2. Mental archaeological findings, which are the property of the Czech Republic according to existing legislation and have been done in archaeological research carried out by a contribution organisation or an organisational component of the municipality, or are stored in a museum established by the municipality, or in another contribution organisation or organisational component established by the municipality, shall be transferred to the ownership of that municipality on the date of entry into force of this law.
3. If a movable archaeological find was made before the date of entry into force of this Act, the period of 3 years in which the regions and municipalities are obliged to transfer the movable archaeological finding to the property of the Czech Republic pursuant to § 23a (4) of Act No. 20 / 1987 Coll., as effective from the date of entry into force of this Act, shall run from the date of entry into force of this Act.
EFFECTIVE
This Act shall take effect on the day of its publication.
Zaoralek v. r.
Klaus v. r.
Gross v. r.
1) Paragraph 9 (1) of Act No. 219 / 2000 Coll., on the assets of the Czech Republic and its presentation in legal relations.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 1 / 2005 Coll., amending Act No. 243 / 2000 Coll., on the budgetary determination of the proceeds of certain taxes to local authorities and certain state funds (Act on Budgetary Determination of Taxes), as amended, and certain other laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.01.2005 |
|---|---|
| Effective from | 03.01.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0