Act of the Czech National Council No. 119 / 1970 Coll.
Act of the Czech National Council amending and supplementing the Act of the Czech National Council No. 173 / 1969 Coll., on corporate taxes and social security contributions
Valid
Effective from 01.01.1971
119
THE LAW
Czech National Council
of 9 December 1970
amending and supplementing the Act of the Czech National Council No. 173 / 1969 Coll., on company taxes and social security contributions
The Czech National Council decided on this law:
The Act of the Czech National Council No. 173 / 1969 Coll., on corporate taxes and social security contributions, is 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 3 (1), the following sentence is added: "In the event that the taxpayer does not make a profit, the basis of the profit tax shall be the amount of deductible items exceeding those deductible; if the taxpayer recognises a loss, the basis of that tax shall be the amount of deductible items, exceeding the sum of the loss and deductible items. ';
5. In Article 3 (2), the words "(contribution to the Air Protection Fund, to the Road Fund, etc.) 'are deleted.
6.
"3. catering expenditure, for foreign trade organisations only catering expenditure and gifts above the limit approved by the Government of the Czechoslovak Socialist Republic;"
7. In § 4 (a) the entries are attached
"5. fines paid and periodic penalty payments;
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 4 are added:
"(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 legislation;
(e) loyalty allowances to miners above or above the specified heading (*), amounts spent on protective clothing, footwear and equipment above the standards of the prescribed regulations or of the specified heading (s) of workers and the value of benefits in kind above or above the regulations. '
9. Paragraph 5 (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 5 (2) (d), "and up to the same amount of repayment of loans for corporate housing, drawn up until 31.12.1969;"
11. in Article 5 (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 the standards that are equal, if they are included in the profit."
12.
Tax rate
The rate of profit tax is 65% of the tax base (Section 3), 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 searching and extraction of nutrients, and for gas organisations 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 status of provisions not complying with the legislation."
15.
Tax rate
The rate of capital tax shall be 5% of the tax base; the rate shall be 2% for regional organisations, Czechoslovak seagoing, Brno fairs and exhibitions, and for organisations referred to in Article 6 (b) and (c). '
16. The following sentence is added to Paragraph 13: "The remuneration to be paid 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 of equal treatment."
17. in Paragraph 14 (2), the words "wages paid to apprentices" shall be replaced by the words "wage charged for the productive work of apprentices."
18. In Section 15, the words "to the state budget of the Czech Socialist Republic 'are deleted and after the first sentence, the following sentence is added:" The remuneration to be paid under the second sentence of Section 13 shall not be included in the basis for calculating the social security contribution. Social security contributions include sickness insurance *)'.
19. Paragraph 16, including the title, reads:
Tax administration
The management of corporate taxes and social security contributions are carried out by financial administrations, * *) with the exception of corporate tax administration and social security contributions by organisations managed by national committees, which are carried out by national committees. * * *) Their local jurisdiction is governed by the seat of the taxpayer. "
20. In Article 18 (1), the words "at the local competent national committee 'shall be replaced by the words" at the local competent financial administration (local competent national committee) responsible for tax management at level 1 (hereinafter referred to as the "financial administration (national committee)'). ';
21. in Article 20 (1), the words "locally competent national committee" are replaced by the words "financial management (national committee)."
22. in Paragraph 21 (1), the words "National Committee" are replaced by the words "Financial Administration (National Committee)."
23. in Paragraph 21 (2), the words "National Committee" are replaced by the words "Financial Administration (National Committee)."
24. Paragraph 22 (1) reads as follows:
"The payer shall 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, he is obliged to report to the Financial Administration (National Committee) how he calculated 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) for a capital tax of one twelfth of the year-round tax obligation calculated on the average state of the capital in the tax year; the average value of the assets shall be calculated from the sum of the book value of the assets at 1 January and the planned value of the assets at 31 December of the current year;
(c) a tax on the amount of wages of one twelfth of the planned annual amount of tax. "
25. Article 22 (2) reads: "The taxpayer is required to submit to the Financial Administration (National Committee) by 29 January of each year the annual duty on profits, capital and wage taxes."
26. In Paragraph 22 (3), the words "national committee 'are replaced by the words" financial administration (national committee)'.
27. in Paragraph 25 (1), the words "locally competent national committee" are replaced by the words "financial administration (national committee)."
28. in Paragraph 25 (2), the words "National Committees" are replaced by the words "Financial administrations (National Committees)."
29. In paragraphs 28 and 29, the words "if not the taxpayers within the competence of the federal authorities" shall be added to the introductory sentences for the word "may."
30. in § 28 (f):
"(f) in cases justified by specific conditions and economic efficiency, authorise the payment of corporate taxes by the Directorate-General or by a similar economic management body for the production unit as a whole, or allow, as an experiment, to tax the profits and, where appropriate, the assets of the production unit as a whole, and that the capital tax for the whole production unit may be the branch (general) Directorate-General or similar economic management body; if these economic management bodies are subject to organisation in the Slovak Socialist Republic, an agreement with the competent authority of the Slovak Socialist Republic shall be required to be issued; ';
31. in Article 28, the following text shall be added:
"(ch) lay down the conditions under which no allowance for the removal of uncleaned or poorly cleaned waste water, as well as the charges and charges for air pollution shall be added to the profit 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 such products shall be determined by the Ministry of Finance in agreement with the Ministry of Agriculture and Nutrition. ';
32. in Paragraph 29 (b):
"decide, in the cases at issue, on the method of taxation; ';
33.
"The Government of the Czechoslovak Socialist Republic and the Ministry of Finance of the CSSR may authorise exemptions, advantages and discounts for taxpayers under the jurisdiction of the federal authorities under Section 28, in agreement with the Federal Ministry of Labour and Social Affairs. It is also for the Ministry of Finance of the Czechoslovak Socialist Republic to decide, in contentious cases, how to tax organisations under the jurisdiction of federal authorities."
Paragraph 34 reads:
"(1) The income of corporate taxes comes to the state budget of the Czech Socialist Republic, and if it comes to the income of corporate taxes from organisations managed by national committees, to the budget of the governing national committees, unless, under the Federal Assembly Act, the income of corporate taxes is the income of the federal budget.
(2) The proceeds of the social security contribution are entered in the state budget of the Czech Socialist Republic if, under the Federal Assembly Act, the proceeds of the contribution are not income of the federal budget. "
(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 arose.
(2) If the recovery operation referred to in paragraph 1 is carried out, the provisions of Paragraph 24 (3) of this Law shall apply mutatis mutandis.
(1) The words "additional contributions for the necessary reallocation of funds" are deleted from the provisions of Paragraph 2 (1) of Act No. 131 / 1968 Coll., on income and wage increases. Paragraph 2 (2) of that Law is hereby repealed.
(2) This Act shall take effect on 1 January 1971.
Erban v. r.
Korcák 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 No. 33 / 1970 Coll., on Financial Administrations.
* * *) Act No. 69 / 1967 Coll., on National Committees.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act of the Czech National Council No. 119 / 1970 Coll., amending and supplementing the Act of the Czech National Council No. 173 / 1969 Coll., on corporate taxes and social security contributions |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.12.1970 |
|---|---|
| Effective from | 01.01.1971 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0