Act of the Slovak National Council No. 117 / 1970 Coll.
Act of the Slovak National Council amending and supplementing the Act of the Slovak National Council No. 178 / 1969 Coll., on corporate taxes and social security contributions
Valid
Effective from 01.01.1971
117
THE LAW
Slovak National Council
of 3 December 1970
amending and supplementing the Act of the Slovak National Council No 178 / 1969 Coll., on company taxes and social security contributions
The Slovak National Council decided on this law:
The Act of the Slovak National Council No 178 / 1969 Coll., on corporate taxes and social security contributions, under the Federal Assembly of the Czechoslovak Socialist Republic Act No. 102 / 1970 Coll., on amendments and additions to Act No. 133 / 1969 Coll., laying down the principles for the laws of the national councils on corporate taxes and social security contributions, shall be amended as follows:
1. in Article 2 (1) (e), the words "or members" shall be inserted after the words "founders."
Article 2 (2) reads as follows:
"(2) All State economic organisations, foreign trade organisations, domestic public limited companies and organisations referred to in paragraph 1 (e) shall be liable to pay. ';
3. In Article 2 (3), the words "unless otherwise specified in paragraph 2 'and the words" and state agricultural organisations with the exception of agricultural construction organisations' shall be deleted.
4. In Paragraph 4 (1), the following are added: "In the event that the taxpayer does not show profits, the basis of the profit tax shall be the amount of the deductible items in excess of the deductible items; where the taxpayer recognises a loss, the basis of that tax shall be the amount of deductible items in excess of the sum of losses and deductible items. ';
5. In Paragraph 4 (2), the words "(contribution to the Air Protection Fund, road fund, etc.) 'are deleted.
6.
'3. catering expenditure, for foreign trade organisations only catering expenditure and gifts exceeding the approved limit; '
7. In Section 5 (a) the following items are added:
"5. fines and periodic penalty payments paid;
6. the amounts charged to the refund for discharges of uncleaned or poorly cleaned waste water;
7. the charges charged, including the air pollution premium; ';
8. points (d) and (e) of Article 5 are added to the following text:
"(d) untaxed allocations to funds shortening the production of profits and used for purposes for which the organisation's own funds may be used under the legislation;
(e) loyalty allowances to miners above or above the specified heading, (*) the amount spent on protective clothing, footwear and equipment above the standards of the prescribed regulations or of the specified heading of workers and the value of the actual benefits above or above the regulations. '
9. Paragraph 6 (2) (c) reads as follows:
"(c) the fines and periodic penalty payments received and the amounts already taxed on a profit tax or similar tax on another taxpayer and the items already taxed on the same taxpayer if they are part of a profit;"
10. in Article 6 (2) (d), the words "and up to the same amount of repayment of loans for corporate housing, drawn up until 31 December 1969," shall be added;
11. in Paragraph 6 (2), point (f) is added as follows:
"(f) Rewards to the Red Banners of the Government and the Central Council of the Czechoslovak Revolutionary Trade Union Movement, or to the Banners, or to standards that are equal to them, if they are included in the profit."
12.
Tax rate
The rate of profit tax is 65% of the tax base (Section 4), with the following derogations:
(a) 40% for organisations principally engaged in the production of building materials, in the production of structures or parts, and for food industry organisations (excluding organisations principally engaged in the manufacture of machinery or packaging);
(b) 50% for energy organisations involved in a single electricity system whose main activity is the generation or distribution of electricity or heat (excluding plant power plants);
(c) 60% for mining organisations whose main activity is the extraction or modification of solid fuels, or ores, or the exploration and extraction of nutrients, and for gas organisations which are principally engaged in the production, distribution or storage of heating gases;
(d) 85% for those cash institutions which are public limited liability companies and have a general reserve fund set up at the level specified by the statutes. "
13. in Article 9 (1) (b), the words "business funds" are replaced by the words "other organisational funds."
14. Paragraph 9 (1) (c) shall be supplemented by the words "and the state of the reserves not complying with the legislation."
15.
Tax rate
The capital tax rate is 5% of the tax base; for the initial organisations and for the organisations referred to in Sections 7 (b) and 7 (c), the rate shall be 2%. ';
16. In Section 14, the following sentence is added: "The remuneration charged to the best workers and collectibles of the amount received by the organisation as a reward to the Red Battalion of the Government and the Central Council of the Czechoslovak Revolutionary Trade Union Movement or to the Battalion, or to the standard equivalent, shall not be included in the taxable amount."
17. in Paragraph 15 (2), the words "wages paid to apprentices" shall be replaced by the words "wage charged for the productive work of apprentices."
18. In Section 16, the words "the Slovak Socialist Republic 'are deleted and after the first sentence the words:" The remuneration to be paid under the second sentence of Section 14 (paragraph 16) shall not be included in the basis for calculating the social security contribution. Social security contributions include sickness insurance. *)'
19.
Tax administration
(1) The management of corporate taxes and social security contributions shall be carried out by the district (municipal) financial administration, * *, in the district of which the taxpayer is established (hereinafter referred to as the "financial administration").
(2) If it is subject to corporate taxes on an organisation on an economy managed by national committees, the administration of corporate taxes and social security contributions shall be carried out by the district national committee (national committee of equal jurisdiction) in whose district the taxpayer is established (hereinafter referred to as the "national committee ').'
20. in Article 21 (1), the words "the competent national committee" are replaced by the words "the competent financial administration or national committee."
21. Article 23 (1) reads as follows:
"(1) Taxes shall be levied by the Financial Administration (National Committee)."
22. Article 24 (1) reads as follows:
"(1) The tax assessment shall be notified by the taxpayer's financial administration (National Committee) by means of a payment measure. ';
Article 23 (24) (2) reads as follows:
"(2) The payer may appeal against the payment notice to the authority which issued the payment notice within 15 days. '
24. Article 25 (1) and (2) reads as follows:
"(1) The payer shall be obliged to pay monthly advances on corporate taxes no later than the third day before the end of each month, namely:
(a) a profit tax of one twelfth of the year-round tax liability calculated on the profit planned for the current year. The financial administration (National Committee) shall determine the amount of monthly advances to new taxpayers, taking into account the planned profits of the taxpayer. At the end of each quarter (except for the last quarter), the taxpayer shall calculate the amount of the profit tax actually achieved over the past period since the beginning of the year. If the calculated tax is higher than the advance paid, the difference shall be paid with the advance due in the first month of the following quarter. At the same time, they shall notify the Financial Administration (National Committee) on the prescribed form, as calculated by the tax. Where the calculated tax is lower than the advance paid, the excess shall be settled for advances due in the following months;
(b) to a capital tax of one twelfth of the year-round tax liability calculated on the basis of the average state of the assets in the tax year, i.e. the book value of the taxpayer's assets at the beginning of the current year and the planned state of the taxpayer's assets at the end of the current year;
(c) a tax on the amount of wages of one twelfth of the planned annual amount.
(2) The taxpayer shall submit to the Financial Administration (National Committee), by 29 January each year, a calculation of the annual duty on profit, capital and wage. '
25. in Paragraph 25 (3), the words "the National Committee" shall be replaced by "the Financial Administration (National Committee)."
26. In Paragraph 28 (1), the words "national committee 'are replaced by the words" financial administration (national committee)'.
27. in Paragraph 29 (2), the words "locally competent national committee" shall be replaced by "financial administration (national committee)."
28. in § 32 (f):
"(f) in cases justified by specific conditions and economic effectiveness, authorise the payment of corporate taxes by the (general) directorates-general or similar economic management bodies for the production unit as a whole, or allow, as an experiment, to tax the profits or assets of the production unit as a whole, and that the capital tax for the whole production unit may be the branch (general) directorate or similar economic management body; If the economic management bodies in the Czech Socialist Republic have subordinate undertakings in the Slovak Socialist Republic, the consent of the Government of the Slovak Socialist Republic shall be required; '
29. in Paragraph 32, points (ch) and (i) are added:
"(ch) lay down the conditions under which the surcharges for the removal of uncleaned or poorly cleaned waste water, as well as the charges and surcharges for air pollution shall not be added to the profits for the purposes of calculating the profit tax;
(i) authorise, in the food industry sector, capital tax rebates up to the amount of this tax on that part of the value of stocks of selected product types covered by the turnover fund; the types of these products are specified by the Ministry of Finance of the Slovak Socialist Republic in agreement with the Ministry of Agriculture and Nutrition of the Slovak Socialist Republic. '
30. in paragraphs 32 and 33, the words "with the exception of taxpayers governed by federal authorities *" shall be inserted after the words "in the Slovak Socialist Republic."
(31) Paragraph 33 (b) shall be deleted;
32.
The Ministry of Finance of the Slovak Socialist Republic shall decide, in the cases in question, with the exception of organisations managed by federal authorities, on the method of taxation. * *) '
33. Paragraph 35 is deleted.
34. Paragraph 39 is deleted.
(1) The contributions made pursuant to Act No. 83 / 1966 Coll., on the Fourth Five-Year Plan for the Development of the National Economy of the Czechoslovak Socialist Republic, and Act No. 131 / 1968 Coll., on the income and salary gains of which the obligation arose after 1 January 1971 cannot be enforced after a period of three years from the end of the calendar year in which the obligation to pay arose.
(2) If the recovery operation referred to in paragraph 1 is carried out, Article 27 (3) shall apply mutatis mutandis.
In Act No. 131 / 1968 Coll., on income and wage increases,
(a) the words "additional contributions for the necessary reallocation" shall be deleted from Paragraph 2 (1);
(b) Paragraph 2 (2) is deleted.
This Act shall take effect on 1 January 1971.
Klokoč v. r.
Dr Colotka v. r.
*) Act No. 177 / 1968 Coll., on the loyalty of miners.
*) § 57 of Act No. 54 / 1956 Coll., on the sickness insurance of employees.
* *) Act SNR No. 115 / 1970 Coll., on Financial Administrations.
*) Exemptions, advantages and discounts for taxpayers under the jurisdiction of federal authorities under § 32 may be authorised by the Government of the Czechoslovak Socialist Republic and under § 33 by the Federal Ministry of Finance, if these are cases referred to in § 33 (c), in agreement with the Federal Ministry of Labour and Social Affairs (§ 22 of Act No. 133 / 1969 Coll. as amended by Act No. 102 / 1970 Coll.).
* *) The Federal Ministry of Finance may decide in organisations within the competence of federal authorities (§ 21 of Act No. 133 / 1969 Coll. as amended by Act No. 102 / 1970 Coll.).
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Regulation Information
| Citation | Act of the Slovak National Council No. 117 / 1970 Coll., amending and supplementing the Act of the Slovak National Council No. 178 / 1969 Coll., on corporate taxes and social security contributions |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.12.1970 |
|---|---|
| Effective from | 01.01.1971 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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