Act No. 169 / 1998 Coll.
Act amending Act No. 357 / 1992 Coll., on inheritance, donation and property transfer tax, as amended
Valid
Law
Effective from 15.08.1998
Text versions:
15.08.1998
16.07.1998
169
THE LAW
of 18 June 1998
amending Act No 357 / 1992 Coll., on inheritance, donation and property transfer tax, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 357 / 1992 Coll., on inheritance, donation and property transfer tax, as amended by Act No. 18 / 1993 Coll., Act No. 322 / 1993 Coll., Act No. 42 / 1994 Coll., Act No. 72 / 1994 Coll., Act No. 85 / 1994 Coll., Act No. 113 / 1994 Coll., Act No. 248 / 1995 Coll., Act No. 96 / 1996 Coll., Act No. 151 / 1997 Coll., Act No. 203 / 1997 Coll. and Act No. 227 / 1997 Coll., is amended as follows:
1. In Article 9 (2), the second sentence is deleted.
2. Paragraph 19 (1) to (3) reads as follows:
"(1) The inheritance tax shall be exempt from the acquisition of the property by inheritance if it occurs among the persons included in the I group.
(2) The estate tax shall exempt the acquisition of:
(a) movable items of personal need for natural persons, provided that they were not part of the business of the deceased for a period of 1 year prior to the acquisition, as well as the shares of heirs paid from such property and shares derived from the non-joint ownership of spouses who died as a result of the death of one of them, provided that the price of such property does not exceed CZK 60,000 for group II persons and CZK 20,000 for group III persons for each individual taxpayer. The tax shall be levied only on the part of the price of movable property or the proportion of such property acquired by each transferee exceeding that amount,
(b) deposits in accounts with banks and branches of foreign banks operating in the territory of the Czech Republic (excluding deposits in accounts set up for business purposes), funds in Czech or foreign currency and securities in the Czech Republic, as well as the shares of heirs paid from these assets and shares derived from the joint ownership of spouses deceased as a result of the death of one of them, provided that the aggregate amount of all these values does not exceed CZK 60,000 for the persons of the II. group III and CZK 20,000 for each individual taxpayer. The tax shall be levied only on that part of the movable property or share of that property acquired by each acquirer which exceeds that amount,
(c) the amounts which, pursuant to the Act on supplementary pension insurance with a State contribution and the amendments to certain laws relating to its introduction, become the subject of inheritance. 2d)
(3) The grant tax shall exempt the acquisition of:
(a) movable items personal goods for natural persons, if they were not part of the donor's business assets for a period of 1 year prior to acquisition, if the price of such property does not exceed CZK 1 000 000 for the first group, CZK 60 000 for the second group and CZK 20 000 for the third group for each individual taxpayer. The tax shall be levied only on the part of the price of movable property acquired by each transferee exceeding that amount,
b) deposits in accounts with banks and branches of foreign banks operating in the territory of the Czech Republic (excluding deposits in accounts set up for business purposes), funds in Czech or foreign currency and securities in the Czech Republic, if the aggregate amount of all these values does not exceed CZK 1 000 000 for persons of the I. group, CZK 60 000 for persons of the II. group and CZK 20 000 for persons of the II. group for each individual taxpayer. The tax shall be collected only on the part of movable property acquired by each acquirer in excess of that amount,
(c) other assets acquired under a borrowing agreement concluded between the owner of the land and the housing cooperative or the owner of the unit when adjusting the right to land under a special rule. (e)
Paragraphs 2 to 4 shall be renumbered paragraphs 4 to 6.
3. In Paragraph 19 (4), the words "paragraph 1 'are replaced by the words" paragraph 2' and the words "paragraph 3 (a) and (b) 'are inserted after the words" points (a) and (b)'.
4. In Article 19 (6), "paragraph 1 'is replaced by" paragraph 2';
5. In Paragraph 20 (9), the words "inheritance and inheritance taxes' are deleted.
6. In Article 21 (1), point (d) is replaced by the following:
"(e) the effectiveness of a contract for the transfer of real estate which is not registered in the Real Estate Register, if it is a donation or property transfer tax."
7. In Article 21 (2), the first words "Paragraph 19 (1) and (3) 'shall be replaced by the words" Paragraph 19 (3) and (5)' and the following words shall be added at the end of the sentence: ", the tax return shall not be subject to the acquisition of the property by persons belonging to Group I '.
8. In the first sentence of Article 21 (4), the words "if not for the acquisition of assets only by persons belonging to the first group 'shall be inserted after the words" at first instance'.
9. Paragraph 25 (3) reads as follows:
"(3) At the request of the tax authority, the tax on the transfer of real estate or donation tax shall be waived in the event of withdrawal or refund of the benefit for defects if it occurs within 2 years.
(a) from the date on which the legal effects of the transfer of the right into the cadastral of real estate arise, 16)
(b) from the date on which the contract on the transfer of immovable property which is not subject to registration in the property register is effective,
(c) since the free acquisition of the movable property
and the tax entity shall apply for remission within two years of the facts referred to in points (a) to (c). ';
10. In Paragraph 25, the following paragraph 4 is added:
"(4) The Ministry of Finance of the Czech Republic may waive the tax in whole or in part in dealing with the consequences of natural disasters and other extraordinary mass events due to the elimination of hardness."
Transitional provisions
1. If, before the application of this Act, the fact which was subject to inheritance tax pursuant to Act No. 357 / 1992 Coll., on inheritance tax, donation tax and property transfer tax, as amended by Act No. 18 / 1993 Coll., Act No. 322 / 1993 Coll., Act No. 42 / 1994 Coll., Act No. 72 / 1994 Coll., Act No. 85 / 1994 Coll., Act No. 113 / 1994 Coll., Act No. 248 / 1995 Coll., Act No. 96 / 1996 Coll., Act No. 151 / 1997 Coll., Act No. 203 / 1997 Coll., and Act No. 227 / 1997 Coll., is applied under this Act even after the entry into force of this Act.
2. Paragraph 25 (3) of Act No 357 / 1992 Coll., on the tax on inheritance, donation and property transfer tax, as amended by that Act, shall apply to cases where the legal effects of the transfer of the right into the property register, the effectiveness of the contract on the transfer of immovable property, or the acquisition of movable property free of charge, have occurred after the application of this Act.
Efficacy
This Act shall take effect on the 30th day following its publication.
Zeman v. r.
Havel v. r.
Tošovský v. r.
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Regulation Information
| Citation | Act No. 169 / 1998 Coll., amending Act No. 357 / 1992 Coll., on inheritance, donation and property transfer tax, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.07.1998 |
|---|---|
| Effective from | 15.08.1998 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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