Act of the Slovak National Council No. 178 / 1969 Coll.
Law of the Slovak National Council on corporate taxes and social security contributions
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Effective from 01.01.1970
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178
THE LAW
Slovak National Council
of 22 December 1969
on corporate taxes and social security contributions
The Slovak National Council decided on this law:
Preliminary provisions
This Act is governed by the Federal Assembly of the Czechoslovak Socialist Republic Act No. 133 / 1969 Coll., laying down principles for the laws of the National Council on Corporate Taxation and Social Security,
(a) corporate taxes which are profit tax, capital tax and wage tax;
(b) social security contributions.
Taxpayers
(1) The taxpayers of profit tax and capital tax are:
(a) state economic organisations for which the volume of industrial or construction activities or the sum of such activities exceeds half of the total output;
(b) a branch (Directorate-General), provided that at least half of the subordinate organisations are subject to taxation under (a);
(c) the organisation of external trade;
(d) domestic limited-liability companies;
(e) organisations under a contract of association, (*) if at least half of their founders or members are organisations referred to under (a) to (d).
(2) All State economic organisations, foreign trade organisations, domestic public limited companies and organisations referred to in paragraph 1 (e) shall be liable for the wage tax.
(3) Corporate tax payers are not pension tax-taxed organisations, * *) agricultural tax * * *) and organisations for which a special relationship to the state budget has been established under the current legislation +) at the date of application of this law. Tax on profits and capital taxes are not subject to the Central Railway Administration organisations.
PROFIT TAX
Subject matter
(1) Dani's profits are subject to income from the entire activities of the taxpayer.
(2) For taxpayers who have their head office in the country, profit tax is not subject to income from foreign sources if they prove that they have been taxed by similar tax abroad.
Tax base
(1) The basis of the tax is the balance sheet profit on all the activities of the taxpayer and on the management of all the assets declared in duly kept accounts, increased by the items to be added (hereinafter referred to as the "deductible items') and reduced by the items to be deducted (hereinafter referred to as" deductible items'). If the taxpayer does not report a profit, the basis of the profit tax shall be the amount of deductible items in excess of the deductible items; If 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.
(2) The balance profit consists of revenues from production activities, the transfer of products, works and services, the activation of investments, the activation of material, the sales of non-production activities, other revenues, as well as price increases (reductions) and subsidies increasing sales, changes in stocks and balances on accruals, minus shortcuts in sales and revenues (purchase prices of stocks sold, turnover taxes, sales of basic assets, etc.) and total costs including financial costs and compulsory contributions to state funds.
(3) Subsidies and price interventions are considered to increase sales. The sales also include subsidies, interventions and contributions granted on the basis of invoices.
(4) The detailed content of each component of profit-making referred to in paragraph 2 shall be laid down in accounting rules.
Subordinated liabilities
The deductible items for profit are:
(a) items charged in the taxpayer's cost
1. contributions, provided that the taxpayer is not obliged by law, subsidies, gifts and other free of charge to pay them;
2. the creation or, where appropriate, the change in the stocks of reserves not complying with the legislation;
3. catering expenditure, for foreign trade organisations only catering expenditure and gifts exceeding the approved limit;
4. items whose cost, contrary to legislation, has been reduced by the balance sheet profit;
5. fines and periodic penalty payments paid;
6. the amounts charged to the refund for discharges of uncleaned or poorly cleaned waste water;
7. charges charged, including air pollution premium;
(b) repayments of capital tax and unpaid loss of catering;
(c) amounts received as part of the reallocation of funds in the coal industry due to different natural and positional conditions;
(d) non-taxed allocations to profit-making funds 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, *) amounts 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 benefits in kind above or above the regulations.
Deductible items
(1) The following items shall be deductible from profit unless they are accounted for in the cost or profit formation of the taxpayer under the legislation:
(a) the capital tax paid;
(b) the land tax paid; *)
(c) compensation paid for the temporary withdrawal of agricultural land in geology;
(d) a contribution to the technical development fund set up by the Directorate-General for Trade;
(e) contribution to the Mines Damage and Compensation Fund;
(f) the contribution to the Geological Work Fund provided for by specific provisions.
(2) The deductible items are as follows:
(a) special-purpose export premiums where they are included in the profit;
(b) the profit from the catering;
(c) the fines and periodic penalty payments received and the amounts already taxed on profits or similar taxes on another taxpayer and the items already taxed on the same taxpayer if they are part of the profits;
(d) a contribution of up to 50% of the budget price for corporate housing according to the actual implementation of the construction in the current year and up to the same amount of the repayment of loans for corporate housing, drawn up until 31 December 1969;
(e) amounts granted under the reallocation of funds in the coal industry as a result of different natural and positional conditions;
f) Rewards to the Red Government and the Central Council of the Czechoslovak Revolutionary Trade Union Movement or to the Banners, or to standards that are equal, if they are included in the profit.
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 equity companies and have a general reserve fund set up at the level specified by the statutes.
_
Subject matter
The subject of the asset tax is the taxpayer's fortune.
Tax base
(1) The basis of the wealth tax is that of the taxpayer:
(a) in the case of basic funds and investments not completed, the status of the fund of basic funds and investments and the status of the building fund;
(b) in the case of circulation funds, the state of the turnover fund and the state of all other funds of the organisation other than the fund of cultural and social needs, the fund of technical development, the fund of damages and compensation in mining and the fund of geological works, where the contribution to the fund is a deductible item for the profit tax [Paragraph 6 (1) (f)]; in the case of domestic equity companies, equity capital;
(c) retained earnings and stocks of provisions not complying with legislation.
(2) The property of the taxpayer shall be deducted:
(a) residual price
1. the basic means used as separate facilities * *) mainly for housing, health, rehabilitation, educational, cultural and physical purposes, for recreation of own employees (including pioneering recreation ROH) or for racing meals and accommodation;
2. separate basic means to improve the purity of water and air, to ensure safety or to protect the health of workers;
3. Basic appropriations used exclusively for civil defence purposes and specific tasks;
4. the basic means of preservation, intended for specific tasks;
5. public road transport;
6. the basic funds transferred to temporary use and used for the purposes referred to in Nos 1 to 3.
The residual price of the basic funds referred to in paragraphs 1 to 6 shall be deducted from the taxpayer's assets only at the level covered by the basic funds and investments;
(b) funds deposited in special accounts and bound by the Government's decisions (e.g. minimum reserve);
(c) the price of stocks of civil defence material and of stocks for specific tasks the storage of which has been specifically imposed on the taxpayer, provided that they are covered by one of the farm funds;
(d) unpaid loss;
(e) the price of the land, if included in the basic funds.
The average state of assets in the tax period is decisive for determining the tax liability.
If the taxpayer has a fortune abroad, he can deduct from the capital tax the amount of a similar tax on that property paid abroad.
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%.
_
Subject matter
The tax on wages shall be subject to wages, other personal expenses and profit and loss shares for the taxpayers referred to in Paragraph 2 (2).
Tax base
The tax on the volume of wages shall be based on the volume of all wages accounted for in the current year, including other personal expenditure and economic outturn shares paid. The basic salary tax does not include the fees charged to the best workers and collectibles of the amount received by the organization 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 status.
Tax rate
(1) The rate of taxation on the wage volume is:
| při přírůstku průměrných mezd proti předchozímu roku v % | sazba daně v % z objemu mezd |
|---|---|
| od 0 do 3 | 0,5a |
| nad 3 do 5 | 1,5 + 1 a |
| nad 5 do 7 | 3,5 + 1,5a |
| nad 7 do 10 | 6,5 + 3 a |
| nad 10 | 15,5 + 6 a, |
where the factor "a 'is equal to the percentage of the increase in average wages exceeding the lower limit of the relevant tax zone with a precision of one hundredth.
(2) The average wage of the current year is the proportion per worker calculated from the wage volume (Paragraph 14), reduced by the wage charged for the productive work of apprentices and the actual average number of employees in the current year. The average wage of the previous year shall be determined in such a way as to maintain methodological and organisational comparability with the current year.
CONTRIBUTION TO SOCIAL SECURITY
Fees for profit tax and capital tax pay to the State budget a social security contribution of 25% of the volume in the current year of paid wages and other personal expenses and profit and loss shares. The social security contribution is part of the taxpayers' costs. The remuneration to be paid under the second sentence of Section 14 (point 16) shall not be included in the basis for calculating the social security contribution. Social security contributions include sickness insurance. *)
TRANSITIONAL PROVISIONS
The amount of the discount on the levy on basic funds granted or promised in connection with the authorisation of the subsidy for the development of less developed areas, *) may be deducted from the capital tax until the end of the specified period, provided that the basic means of the purpose to which the grant was linked are used.
By the end of 1970, part of the price of the basic funds paid in 1966 (for experimental organisations as well as in 1965) shall be deducted from the capital tax base up to the amount of the gross income or profit allocation, or from the investment loan, which was paid out of these resources by the end of 1966. * *)
COMMON PROVISIONS
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 in an economy managed by national committees, the administration of corporate taxes and social security contributions shall be carried out by a district national committee (a national committee of equal jurisdiction) in whose district the taxpayer is established (hereinafter referred to as the "national committee ').
The tax period shall be a calendar year. Taxes shall be measured after its expiry.
Tax return
(1) The basis for establishing the tax base and tax obligations is the tax return. The taxpayer is obliged to submit a tax return to the locally competent financial administration or national committee (§ 19) on a form issued by the Ministry of Finance of the Slovak Socialist Republic before the end of February after the end of the tax period (§ 20) and to attach to it the approved accounts as well as other documents on the tax return form.
(2) In the event of the cessation of the organisation without carrying out the liquidation, the taxpayer (his legal successor) shall submit a tax return for the preceding part of the year by the end of the following month.
(3) The taxpayer is obliged to calculate the tax on its own in the return on taxes and to provide any exemptions, advantages and discounts and quantify their volume.
(4) If the tax return has not been filed in time, the tax levied may be increased by up to 10%.
In the event of liquidation of an organisation, the tax liability of the taxpayer shall continue until the end of the liquidation and therefore the obligation to submit annual returns. On completion of the liquidation, the body responsible for the liquidation shall submit by the end of the following month a declaration for the preceding part of the year and indicate the surplus in the profit tax return. The confession must be supported by an initial and final liquidation balance and a statement of the use of the liquidation surplus. The liquidation surplus shall be added to the profit tax base of the year in which the liquidation was completed.
Tax assessment
(1) Taxes shall be levied by the Financial Administration (National Committee).
(2) The tax base is rounded up to 100 CZK. Tax, tax increase (§ 21 (4)) and periodic penalty payments (§ 26) shall be rounded up to the whole crown.
(1) The taxpayer's financial management (National Committee) shall inform the taxpayer of the tax assessment by means of payment.
(2) The payer may appeal against the payment notice to the authority which issued the payment notice within 15 days.
(3) The appeal does not have suspensory effect.
Payment of tax
(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 is obliged to submit to the Financial Administration (National Committee) by 29 January each year a calculation of the annual duty on profit, capital and salary.
(3) In justified cases, in particular undertakings with seasonal production, the financial management (National Committee) may provide for advances otherwise.
(4) The difference between the advances paid and the amount of taxes calculated by the taxpayer in the return is due to be paid by the taxpayer at the latest within the time limit set for the submission of the return (§ 21 (1) and (2)).
(5) The difference between the amount of the tax calculated by the taxpayer in the return and the amount of the tax fixed by the payment order shall be paid by the taxpayer no later than 15 days after delivery of the payment notice.
If the tax (including the increase in tax pursuant to Paragraph 21 (4)) or the advance payment on the tax was not paid on time, the taxpayer shall pay a penalty of 0,1% of the amount due for each day of delay.
Limitation
(1) Taxes may not be levied or enforced after three years from the end of the calendar year in which the taxpayer was obliged to submit a return.
(2) The social security contribution shall not be recovered three years after the end of the calendar year in which the taxpayer was obliged to pay the contribution.
(3) Where an act is carried out to measure or recover taxes, or to recover social security contributions, the limitation period shall run again from the end of the year in which the taxpayer was informed of that act.
Tax control
(1) The Financial Administration (National Committee) checks the accuracy and completeness of the tax returns as well as the timeliness, accuracy and completeness of the tax payments.
(2) The taxpayers are obliged to provide the supervisory authorities with explanations and evidence of the facts relevant for the assessment of taxes and to do whatever is necessary to facilitate and accelerate the control.
Establishment and termination of tax liability
(1) The tax liability arises from the date on which the taxpayer begins and ceases to exist.
(2) The payer shall notify the Financial Administration (National Committee) of the beginning and termination of the operation within 15 days.
Management
Save as otherwise provided in that law, the rules on proceedings in matters relating to taxes and charges shall apply. *)
Paragraphs 19 to 30 apply mutatis mutandis to social security contributions (Section 16). The contribution shall be payable without being measured in monthly instalments, in such a way that no later than 15 days after the end of each month, the payer shall pay to the special account an amount equal to 25% of the amount of the wages and other personal expenses charged and the economic outturn shares paid in the previous month.
EXEMPTIONS, ADVANTAGE AND BENEFITS
The Government of the Slovak Socialist Republic may, for taxpayers based in the Slovak Socialist Republic, except those governed by federal authorities *):
(a) to extend, in respect of the profit tax, the heading of the deductible and deductible items, where appropriate, to modify or cancel any of the specified items, up to a maximum of 3% of the tax base of all taxpayers;
(b) for the planned period of construction, fully exempt from the tax on profits and capital taxes by newly built enterprises and partly exempt from the tax on profits and capital taxes by undertakings which are substantially expanding, in particular by building new plants;
(c) identify the places and sectors (sectors) or, where appropriate, individual undertakings in which the wage tax will not affect increases in the wage volume resulting from employment growth;
(d) lay down the conditions in which the increase in wages resulting from employment reductions will not be taxed in cases of wage taxes;
(e) to adjust the rate of taxation on the volume of wages in each of the tax zones to a maximum of ± 1% in accordance with wage policy objectives and the need for differentiated rates of average wage growth in each sector and, where appropriate, in enterprises;
(f) in cases justified by specific conditions and economic effectiveness, to authorise the payment of corporate taxes by the (general) directorates or similar economic management bodies for the production unit as a whole, or to allow, as an experiment, to tax the profits or assets of the production unit as a whole, and to charge the profit tax or capital tax on the whole production unit to be the branch (general) directorates or similar economic management body; If the economic management authorities in the Czech Socialist Republic have subordinate enterprises in the territory of the Slovak Socialist Republic, the consent of the Government of the Slovak Socialist Republic is required;
(g) approve, in some selected organisations or branches, the experimental testing of profit tax at the progressive tax rate determined according to the organisation's profitability and the testing of other methods of taxing wages;
(h) to authorise discounts on capital tax and profit tax on taxpayers operating in the public interest, for a profit tax of up to 35% on the difference between the income and expenditure of that activity and for a capital tax of up to the amount of the tax payable on the actual assets which serve that activity;
(ch) lay down the conditions under which surpluses for the removal of uncleaned or poorly cleaned waste water, as well as charges and surpluses 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 defined by the Ministry of Finance of the Slovak Socialist Republic in agreement with the Ministry of Agriculture and Nutrition of the Slovak Socialist Republic.
The Ministry of Finance of the Slovak Socialist Republic may, for taxpayers based in the Slovak Socialist Republic, except for taxpayers managed by federal authorities *):
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Regulation Information
| Citation | 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 | 30.12.1969 |
|---|---|
| Effective from | 01.01.1970 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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