Act No. 259 / 1994 Coll.
Act amending and supplementing Act of the Czech National Council No. 586 / 1992 Coll., on Income Tax, as amended, and Act of the Czech National Council No. 591 / 1992 Coll., on Securities, as amended
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Law
Effective from 01.01.1995
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259
THE LAW
of 8 December 1994
amending and supplementing the Act of the Czech National Council No. 586 / 1992 Coll., on Income Taxes, as amended, and the Act of the Czech National Council No. 591 / 1992 Coll., on Securities, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 586 / 1992 Coll., on Income Taxes, as amended by Act No. 35 / 1993 Coll., Act No. 96 / 1993 Coll., Act No. 157 / 1993 Coll., Act No. 196 / 1993 Coll., Act No. 323 / 1993 Coll., Act No. 42 / 1994 Coll., Act No. 85 / 1994 Coll. and Act No. 114 / 1994 Coll., is amended as follows:
1. Paragraph 2 (3), (4) and (5) reads as follows:
"(3) Taxpayers who, pursuant to paragraph 2 or international agreements, do not have a tax liability applicable to income from sources abroad have a tax liability which only applies to income from resources in the Czech Republic (§ 22). However, taxpayers who reside in the territory of the Czech Republic only for the purpose of study or treatment, and foreign experts (paragraph 5) residing only for the purpose of providing professional assistance have a tax obligation which applies only to income generated from resources in the territory of the Czech Republic, even if they are usually present in the territory of the Czech Republic.
(4) The fees normally present on the territory of the Czech Republic are those who stay here for at least 183 days in the relevant calendar year, continuously or in several periods; within a period of 183 days, each starting day of stay shall be counted. A residence in the Czech Republic is for the purposes of this law a place where the taxpayer has a permanent apartment in circumstances from which his intention to stay permanently in this apartment can be assumed.
(5) A foreign expert is a natural person residing abroad who has been seconded by a foreign entity as an expert (expert) with specific knowledge to provide professional assistance to persons with their registered office or residence in the Czech Republic or to permanent establishment. '
2. in Article 3 (4) (a), the following shall be inserted after the word "shares": "or units."
3. Article 4 (1) (a) to (c) reads as follows:
"(a) income from the sale of apartments or residential buildings with a maximum of two flats, including associated parcels, provided that the seller owned it and was resident there for at least two years immediately prior to the sale. The exemption shall not apply to income from the sale of such apartments or houses where they are or have been included in commercial property for the pursuit of business or other self-employed activities within two years of their removal from commercial property,
(b) revenue from the sale of real estate, flats or non-residential premises not referred to in (a), if the period between acquisition and sale exceeds five years. In the case of sale of real estate, flats or non-residential premises acquired by inheritance from a deceased who has been a relative in a series of direct or spouse, the period of five years shall be reduced by the period during which the property was evidently owned by the deceased or the deceased if the property was acquired by successive inheritance in a series of direct or spouse. The exemption shall not apply to income from the sale of real estate, flats or non-residential premises, including those referred to in point (g) of paragraph 1, provided that they are or have been included in business or other self-employed assets within five years of their being removed from the business. Furthermore, the exemption does not apply to revenue accruing to the taxpayer from the future sale of real estate, apartment or non-residential premises, carried out within five years of the acquisition, and from the future sale of real estate, flats or non-residential premises, made within five years of their decommissioning, even if the purchase contract is concluded only five years after the acquisition or five years after the disposal of the assets,
(c) revenue from the sale of movable goods. The exemption shall not apply to revenue from the sale of motor vehicles, aircraft and ships, provided that the period between acquisition and sale does not exceed one year. The exemption shall also not apply to income from the sale of movable property, including income from the sale of movable property referred to in paragraph 1 (g), provided that they are or have been included in the commercial property for the pursuit of the business and other self-employed activities of the taxpayer, within five years of their removal from the commercial property. ';
4. In Article 4 (1) (g), "real estate or movable property 'is replaced by" real estate, movable property or securities';
5. in Article 4 (1) (ch), the following shall be inserted after the words "maintenance obligations": "or compensation for such income."
6. in Article 4 (1) (i), the word "(contributions)" shall be inserted after the first word "benefits."
7. Article 4 (1) (k), including footnote 2a, reads as follows:
"(k) scholarships (2a) from the state budget and support from the funds of the foundations, except payments received in compensation for loss of income, compensation for wages lost or other payments having the character of wages.
2a) Decree of the Ministry of Education, Youth and Sports of the Czech Republic No. 365 / 1990 Coll., on the provision of scholarships at universities under the responsibility of the Ministry of Education, Youth and Sports of the Czech Republic (Scholarship Regulations). Decree of the Ministry of Education, Youth and Sports of the Czech Republic No. 400 / 1991 Coll., on the material and financial security of foreigners studying in schools under the responsibility of the Ministry of Education, Youth and Sports of the Czech Republic. "
8. in Article 4 (1) (r), the following shall be inserted after the word "cooperatives": "from the transfer of another stake in the transformed cooperative 13)," and the following sentence shall be added at the end: "The exemption shall not apply to income from the transfer of member rights of the cooperative or from the transfer of participation in companies, provided that they have been acquired from the commercial property of the taxpayer within five years of the end of his business or other self-employed activity,."
9. in Article 4 (1) (u), the words "used or" shall be inserted after the words "refund."
10. in Article 4 (1), at the end of point (u), the dot is replaced by a comma and the following points (v), (w), (x), (y) and (z) are added:
"(v) the interest income of the taxpayers referred to in Paragraph 2 (2), which is derived from bonds issued abroad by taxpayers established in the Czech Republic,
(w) revenue from the sale of securities acquired by the taxpayer under the coupon privatisation; income from the sale of other securities if the period between acquisition and sale exceeds three months. The exemption does not apply to income from the sale of securities which are or have been included in commercial property within six months of the end of the business and other self-employed activity (§ 7) and to income from capital assets (§ 8),
(x) income arising from the write-off of the settlement obligations made under the Special Act, 19a)
(y) the economic result (profit) or the difference by which the revenue exceeds the expenditure resulting from the liquidation of the bankruptcy substance, 19a)
(z) interest income on mortgage bonds. 4d)
19a) Act No. 328 / 1991 Coll., on bankruptcy and settlement, as amended. '
11. in Article 4 (2), the words "when renting such establishments" shall not be inserted after the words "do not apply";
12. Article 4 (3) is added as follows:
"(3) For the purposes of the income tax on natural persons, commercial property means the sum of the assets (items, claims and other rights and the money of valued other values) owned by the taxpayer, which have been or is charged. ';
13. in the second sentence of Article 5 (3), the following shall be inserted after the word "loss": "adjusted in accordance with Article 23 (3) (hereinafter referred to as" tax loss ")" and in the third sentence the word "loss" shall be replaced by "loss."
14.
"(4) For taxpayers who are an entity and account in a simple accounting system, and for taxpayers who are not an entity, account shall be taken in the calendar year for which the tax is charged, of those revenues and expenses that were incurred by 31 December of the year in question. For payments made through monetary institutions, account shall be taken of the data contained in the statements of accounts and, at the latest, of the account statement which is the last in the order of the calendar year concerned. The income from dependent activity and functional benefits (§ 6) resulting from the tax to the taxpayer by the end of January for the past tax period shall be included in the tax base of the previous tax period. '
15. in Article 5 (6), the following shall be inserted after the words "included in the taxable amount": "(sub-taxable basis)," and after the words "tax base": "(sub-taxable basis) or the basis for calculating the advance on income from dependent activities or functional benefits."
16. Article 5 shall be added to paragraph 7:
"(7) In the case of a taxpayer with income pursuant to paragraphs 7 and 9, account shall be taken of the stocks acquired in the calendar year preceding the year in which he began his activity or of the stocks obtained from the inheritance after the deceased who had the income referred to in paragraphs 7 or 9, provided that the heir continues to operate the deceased no later than six months after his death. The same shall apply mutatis mutandis to other expenditure necessarily incurred in connection with the start of the activity. '
17. The first sentence of Paragraph 6 (1) (a) reads: "income from the current or former employment, professional or member relationship and similar relationship in which the taxpayer is obliged to follow the instructions of the payer in the performance of his work for the payer's income."
18. Paragraph 6 (1) (b) reads as follows:
"(b) income for the work of members of cooperatives, associates and managers of limited liability companies and commanditists of limited companies, even if they are not obliged to follow orders from another person in the course of their work for the cooperative or company,"
19. in the first sentence of Article 6 (3), the following words shall be inserted after the words "the law has passed," including footnote (4b): "under special provisions (4b)
4b) E.g. § 260 (2) of the Labour Code. '
20. In Paragraph 6 (4), the first sentence, "2000 CZK" is replaced by "5000 CZK." The second sentence is as follows: "This applies to the income generated by the employee from the employer, for which the employee does not apply non-taxable amounts on the basis for calculating the tax advances or on the basis for calculating the tax and has not signed the tax declaration (§ 38k)."
21. Note 5:
"5) For example, Act No. 119 / 1992 Coll., on Travel Refunds, as amended by Act No. 44 / 1994 Coll. '.
22. Paragraph 6 (7) (b), including footnote 5a, reads as follows:
"(b) the value of personal protective equipment, washing, cleaning and disinfection equipment provided to the extent provided for in the specific regulation, (5a) including the cost of maintaining personal protective equipment and working equipment, as well as the value of the uniforms provided, including their maintenance allowances;
5a) Decree of the Ministry of Labour and Social Affairs No. 204 / 1994 Coll., determining the scope and detailed conditions for the provision of personal protective equipment and washing, cleaning and disinfection equipment. '
23. Paragraph 6 (9) (e) reads as follows:
'( e) the amounts which the employer is obliged to pay under the Specific Regulations (21) to cover social security insurance, to contribute to state employment policy and to health insurance, ';
24.
"(ch) income from dependent activities carried out on the territory of the Czech Republic resulting from the fees referred to in Article 2 (3) from employers who are established or resident abroad, unless the taxpayers stay in the territory of the Czech Republic for more than 183 days in a calendar year or, in the absence of income from activities carried out in a permanent establishment (§ 22 (2)),"
25. Article 6 (9) (l) reads as follows:
"(l) the value of the transitional accommodation, not for work-related accommodation, provided as non-monetary benefits by the employer to employees in connection with the performance of the work, unless the municipality of the transitional accommodation is identical to the municipality where the employee resides."
26. the following points (t) and (u) shall be added to Article 6 (9):
"(t) a monetary contribution to the renewal of the granted uniform legal requirements of a member of the fire brigade;
(u) severance grants pursuant to Decree No. 19 / 1991 Coll., on the employment and physical security of workers in the mining industry who are not fit for work in the long term, paid to workers who have been reassigned or released for medical reasons for occupational risk, occupational disease, accidents at work or diseases arising from or deteriorating from the effects of the working environment. ';
27. in § 7 (1) (d), the words "(§ 13)" shall be deleted;
28. in Paragraph 7 (2) (a), the following shall be inserted after the words "intellectual property,": "copyright."
29. Article 7 (3) reads as follows:
"(3) The tax base (sub-base) shall be the revenue referred to in paragraphs 1 and 2, with the exception referred to in paragraph 8. This revenue shall be reduced by the expenditure incurred to achieve, secure and maintain it, with the exception of the revenue referred to in paragraph 1 (d). Paragraph 23 to 33 shall apply to the determination of the tax base (sub-tax base). The revenue referred to in § 22 (1) (c), (f) and (g) (1) and (2) to the taxpayers referred to in § 2 (3) shall constitute a separate tax base for taxation at a specific tax rate (§ 36). '
30. in Article 7, after paragraph 3, the following paragraphs 4 and 5 are inserted:
"(4) The basis of the tax (partial basis) of a public company's shareholder is part of the public company's tax base established under § 23 to 33. This part of the tax base shall be determined in the same proportion as the distributed profit under the social contract, otherwise equal to the work.9b) If, according to § 23 to 33, a public company shows losses, part of that loss is distributed to the shareholder as well as the taxable amount.
(5) The basis of the tax (sub-base of tax) of the complementary company is part of the tax base of the limited company established pursuant to § 23 to 33 per complementary company. This part of the tax base shall be determined in the same proportion as the part of the profit attributable to the complementary under the social contract, otherwise equally. (c) If, according to § 23 to 33, a limited liability company shows losses, a part of that loss is distributed to the ancillary company in the same way as the tax base.
9b) § 82 of the Commercial Code.
9c) § 100 (2) of the Commercial Code. ';
31. in Article 7, paragraph 6 shall be deleted;
32. in Article 7 (7), the word "authors" shall be inserted after the word "Revenue."
33. In Paragraph 7 (9), the word "compulsory" is deleted and a reference to footnote 21 is inserted after the word "general health insurance."
34. in the first sentence of Paragraph 7 (10), the word "at least" shall be deleted.
Paragraphs 4, 5 and 7 to 11 shall be renumbered paragraphs 6 to 12.
35. in the first sentence of Paragraph 8 (1) (f), the words "or from the supplementary pension insurance outside the Social Insurance Fund" shall be deleted.
36. Paragraph 8 (1) (h) reads as follows:
"(h) revenue from notes (e.g. discount amounts of notes, interest on the amount of exchange).";
37. in Paragraph 8 (3) (b), the word "shares" is replaced by the words "securities."
38. in Article 8 (6), the word "austerity" shall be inserted after the words "resulting from."
39. In the first sentence of Paragraph 8 (7), a dot is inserted after the words "on the supplementary pension insurance" and the rest of the sentence is deleted. The following sentence is inserted after the first sentence: "If the benefit is paid regularly for a specified period, these contributions shall be distributed evenly over the period of benefit. '.
40. in Article 9 (1) (a), "inclusive" is replaced by "or."
(41) In the second sentence of Paragraph 9 (3), the words "up to 34" are replaced by the words "up to 33" and the last sentence is replaced by the words "The income from the lease to the taxpayers referred to in Article 2 (3) is, with the exception of the income from the rental of real estate or housing, a separate tax base for taxation at a specific rate (§ 36)."
Article 10 (1) (b) reads as follows:
"(b) income from the transfer of own property, movable property and securities, with the exception referred to in Section 4,"
43. In Paragraph 10 (1) (c), the following shall be inserted after the word "cooperatives": "including the shares in the transformed cooperative 13";
44. in Paragraph 10 (1) (f), the following shall be inserted after the words "company": "except for a member of a public company, an associate of a limited partnership" and "share" shall be inserted after the word "or" share. "
45. Paragraph 10 (1) (g) reads:
"(g) the share of settlement in the event of the termination of the participation of a member of a trading company, with the exception of a member of a public company and an associate of a limited company, or in the event of the disappearance of a member of a cooperative and another share of the assets of the cooperative, 13)."
46. In the fourth sentence of Article 10 (4), "Article 7 (7) (a) 'is replaced by" Article 7 (9) (a)'.
47. Paragraph 10 (5), including footnote 12a, reads as follows:
"(5) In the case of revenue referred to in paragraph 1 (b), expenditure shall be the price resulting from the valuation of the case for which the debtor has been established and, if the matter is inherited or donated, the price determined for the purposes of the tax on inheritance or donation. Where the tangible assets are amortised pursuant to Paragraph 26 et seq., which is or has been included in the commercial property for the pursuit of a business or other self-employed activity or have been used for hire, the expenditure shall be the residual price referred to in Paragraph 24 (2) (b). If it is an exchange or a win-win case, the price is based on the normal value at the place and at the time of its acquisition (§ 3 (3)). The expenditure shall also be the amounts evidenced for the technical evaluation, correction and maintenance of the case, including other expenditure relating to the execution of the sale, with the exception of expenditure on the personal need of the taxpayer. The value of the taxpayer's own work on the items he has produced or evaluated himself shall not be taken into account in determining expenditure. Expenditure in excess of the revenue referred to in paragraph 1 (b) and (c) in the tax period in which repayments or advances for the first time arise for the sale of movable, securities, real estate, future sale of real estate or for the sale of a holding in a limited liability company, limited partnership, share in the capital of the cooperative or debt, 12a), with the exception referred to in Article 4, may be used in that tax period up to the amount of that income. Where income is generated in other tax periods, the same procedure shall apply, up to the total amount that can be applied under this provision.
12a) § 33a (1) of Act No. 229 / 1991 Coll., as amended by Act No. 183 / 1993 Coll. '
48. In the first sentence of Paragraph 10 (6), the words "expenditure 'shall be deleted from the words" deposit or'. The second and third sentences are deleted. At the end of the paragraph, the dot is replaced by a comma and the following words are added: "and with the exception of an additional share of the cooperative's assets, 13) if it is issued in kind or in cash."
49. In the first sentence of Article 10 (8), the following shall be inserted after the words "points (f) to (ch) ':" except for income from the share of the liquidation balance and the share of settlement with the members of the public trading company and the associates of the limited partnership'.
50. In Paragraph 10 (9), the second sentence is deleted.
51. Paragraph 12 repeals paragraph 2 and paragraph 1 is deleted.
52.
Calculation of income of cooperating parties
The income generated in the course of business or other self-employed activities (Section 7) operated with the cooperation of the second spouse and the expenses incurred in achieving, securing and maintaining them shall be distributed in such a way that the share attributable to the cooperating spouse does not amount to more than 50%, provided that the cooperating spouse has been a member of the pension scheme of self-employed persons and has been registered for this security by 31 December of the relevant tax year at the latest; However, the amount attributable to the cooperating spouse, by which the income exceeds the expenses, may not exceed CZK 540 000 in cooperation for the entire tax period or CZK 45,000 for each month of such cooperation. In other cases of cooperation between the spouse and other household persons with a taxpayer, the income obtained in the course of business or other self-employment shall be distributed to the cooperating persons in such a way that their share of the common income and expenditure shall not exceed 30%; However, the total amount for the cooperating persons, by which the revenue exceeds the expenditure, may not exceed CZK 180,000 in cooperation during the entire tax period or CZK 15,000 for each month of cooperation. For the cooperating spouse and other cooperating persons, the amount of the share of common income and expenditure must be the same. Revenue and expenditure shall not be allocated to children until the end of their compulsory education and to children and a spouse when they are used as dependants (Section 15). '.
53. In Paragraph 14 (1), the following sentence is added at the end: "If the percentage thus established is less than 15, the tax rate of 15% shall be used for the calculation of the rest of the tax. '
54. In Paragraph 15 (1) (a), "21 600 CZK" is replaced by "24 000 CZK."
55. Paragraph 15 (1) (b) reads as follows:
"(b) 12 000 CZK per year for a dependent child living in a household with a taxpayer. The temporary stay of a child outside the household shall not affect the application of the reduction. If they are a child holding a ZTP-P (particularly severely disabled with a guide), this amount shall be increased to twice the amount. ';
56. Paragraph 15 (1) (c) reads as follows:
"(c) 12 000 CZK per year for a spouse living with a household taxpayer, unless he has his own income exceeding 24 000 CZK for the tax period; If the wife (husband) is a holder of a ZTP-P card (particularly severely disabled with a guide), the amount of CZK 12,000 is increased to double. The income of the spouse (spouse) shall not include an increase in the pension for helplessness, the state compensatory allowance, the provision allowance, the gross rent allowance, the childbirth support, the parental allowance, the child allowance, the pension allowance, the welfare benefits and the scholarship provided to students continuously preparing for their future occupation, '.
57. in Paragraph 15 (1) (g), the words "if the taxpayer is a student or a student continuously preparing" shall be replaced by the words "in the case of a taxpayer who is continuously preparing in accordance with the special regulations 15)."
58. in Paragraph 15 (2), "21 600 CZK" is replaced by "24 000 CZK."
59. Paragraph 15 (3) reads as follows:
"(3) For the taxpayer referred to in Paragraph 2 (3), the taxable amount shall not be reduced by the amounts referred to in paragraph 1 (b) to (f)."
60. Paragraph 15 (6) reads as follows:
"(6) Where a child provides support for several taxpayers within one household (e.g. spouses), only one of them may apply them in the tax period or in the same calendar month of the tax period if the conditions for claiming a reduction of the tax base are met. ';
61. in Article 15 (7), the words "In the case of a taxpayer who claims to reduce the tax base referred to in paragraph 1 (b) to (g) only in several calendar months of the tax period, the tax base shall be reduced" shall be replaced by the words "The taxpayer may apply the tax base reduction referred to in paragraph 1 (b) to (g)."
62. In the first sentence of Article 15 (8), the following shall be inserted after the word "education," the following words: "research and development purposes," and after the word "or" shall be inserted: "doing at least."
(63) Paragraph 15 shall be added to paragraph 9:
"(9) Gifts provided by a public trading company or a limited partnership shall be treated as gifts provided by individual members of a public trading company or associates of a limited partnership and distributed in the same way as the tax base provided for in Article 7 (4) or (5). '
64. In Section 16 in the last row of the table, "+ 44% 'is replaced by" + 43%'.
65. In Paragraph 17 (1), the words "except for the legal persons referred to in paragraph 2" shall be deleted.
66. Paragraph 17 (2) is deleted.
Paragraphs 3, 4 and 5 shall become paragraphs 2, 3 and 4.
Article 67 (18), including the title and notes No 15b), (17b) and (17c), read:
Subject matter
(1) The subject of tax is income (income) from all activities and treatment of all assets (hereinafter referred to as income), unless otherwise specified.
(2) The subject matter is not:
(a) income obtained by acquiring shares under a special law, (1) by inheriting or donating real estate or movable property or property rights, with the exception of income derived therefrom;
(b) in the case of taxpayers who have the status of authorised person under a special law, 15b) income obtained with the issue of a claim up to the amount of compensation under the special laws, 2) up to the amount of entitlement to the issue of a basic share13) in non-monetary form.
(3) For taxpayers who are not set up or set up for business purposes, 17), advertising income, membership contributions and rental income are always subject to tax, except as referred to in paragraph 4 (d).
(4) For the taxpayers referred to in paragraph 3, income is not subject to tax
(a) activities resulting from their mission, provided that the costs (expenses) incurred under this Act in connection with the implementation of such activities are higher; the activities which are the mission of those taxpayers are laid down in specific provisions, 17a) by the Statute, the Statutes, the Statutes, the Statutes of Establishment and the Statutes of Founders;
(b) subsidies and other forms of State aid and aid from the budgets of municipalities, provided that they are provided under a special rule, 17b)
(c) interest on current account deposits;
(d) leases for budgetary and contribution organisations set up by central government bodies where they are demonstrably taken into account in relation to the budget of the founder.
(5) For the taxpayers referred to in paragraph 3, compliance with the condition referred to in paragraph 4 (a) shall be assessed for the entire tax period by type of activity. Where an individual activity within the same type of activity is carried out both at prices where the income obtained is lower or equal to the related costs (expenditure) incurred in achieving, securing and maintaining them, and at prices where the income obtained is higher than the related costs (expenditure) incurred in achieving, securing and maintaining them, the tax shall be levied only on those individual activities which are carried out at prices where the revenue exceeds the related expenditure.
(6) The taxpayers referred to in paragraph 3 shall be required to keep accounts in such a way that, at the latest by the date of the accounts, the income subject to tax is kept separately from income which is not subject to tax or which is subject to tax but which is exempt. This also applies to cost reporting (expenditure). If this obligation is not fulfilled or cannot be met by the budgetary organisations, municipalities and district authorities for disposable income which, in accordance with the specific provisions of 17b, are part of the budget revenue, this shall be done on an extra-cost basis in the tax return.
(7) (c) civil associations, including trade unions, political parties and political movements, registered churches and religious societies, foundations, municipalities, district offices, budgetary and contribution organisations and state funds, shall be regarded as taxpayers under paragraph 3. These taxpayers are not housing cooperatives.
(8) For the National Property Fund 18) and public companies are subject to tax only income on which the tax is levied at a special rate (§ 36).
(9) For the Land Fund of the Czech Republic, only the revenue mentioned in the special regulation is subject to tax. 18b)
(10) In the case of a taxpayer who is a member of a public company, part of the public company tax base established under § 23 to 33 shall also be taxed; this part of the tax base shall be determined in the same proportion as that in which profits are distributed under the social contract, otherwise equal to the work.9b)
(11) In the case of a taxpayer who is an associate of a limited company, part of the taxable amount of a limited company belonging to the ancillary company is also taxed. This part of the tax base shall be determined in the same proportion as that of the profits attributable to the Associate under the Social Contract, otherwise equally. (c)
15b) § 33a of Act No. 229 / 1991 Coll., as amended.
17b) For example, the Act ČNR No. 576 / 1990 Coll., on the Rules of Management of the Budget Funds of the Czech Republic and the Municipality of the Czech Republic (Budget Rules of the Republic), as amended.
17c) § 20f Civil Code. '.
68. Paragraph 19 (1) (a) reads as follows:
"(a) members' contributions pursuant to the Statutes, Statutes, Establishment or Establishment Instruments, adopted by interest associations of legal persons, professional chambers with optional membership, 18a) civil associations including trade unions, political parties and political movements,"
69. in Paragraph 19 (1) (b), the words "recognised by the State" shall be replaced by "registered."
70.In Paragraph 19 (1) (i):
"(i) interest income on government bonds 4d) and interest income on taxpayers referred to in Article 17 (4), which arise from bonds issued abroad by taxpayers established in the Czech Republic,"
71. the following points (k) and (l) shall be added to Article 19 (1):
"(k) silent partnership participation shares in the business if they are used to supplement the deposit minus the share of losses up to the original amount;
(l) interest income on mortgage bonds. 4d) '.
72. Paragraph 19 (2) reads as follows:
"(2) The amount of assigned revenue in accordance with Article 21 (3) of the Financial Regulation is estimated at EUR 150000. (c) shall not apply to the hire of such facilities, or where the taxpayer forgoes such exemption by notification to the tax administrator. If the taxpayer waives the exemption, the exemption may not be applied in five immediately following tax periods. '
73. Paragraph 20, including the title and note No 19c, reads:
Tax base and items reducing the tax base
(1) Paragraph 23 to 33 and paragraphs 2 to 6 shall apply to the determination of the taxable amount.
(2) In the case of taxpayers who are cancelled with liquidation, the basis of the tax is the economic result or the difference between the income and expenditure of the liquidation of the commercial currency 19b), adjusted under § 23 to 33. Part of this economic outturn is the write-off of the instrument 20) in respect of the acquired assets; the active adjustment to the acquired assets shall be amortised at the beginning of the liquidation and the passive item at the end of the liquidation.
(3) For an investment company generating mutual funds (16), the taxable amount is determined separately for the investment company and separately for the individual mutual funds.
(4) In the case of a limited company, the taxable amount determined in accordance with § 23 to 33 is reduced by the amount attributable to the Associates. (19c)
(5) For a taxpayer who is a member of a public company, part of the tax base or part of the tax loss of a public company is part of the tax base; that part of the tax base or tax loss is determined in the same proportion as the profit distributed under the social contract, otherwise equal to the work.9b)
(6) In the case of a taxpayer who is an associate of a limited partnership, part of the taxable amount or part of the loss of a limited partnership belonging to the subsidiary is part of the taxable amount; that part of the tax base or the tax loss is determined on an individual complementary basis in the same proportion as that part of the profit attributable to the associate under the social contract, otherwise equally. (c)
(7) Taxpayers who are not set up or set up for business purposes may further reduce the tax base established in accordance with paragraph 1 and reduced in accordance with Paragraph 34 by up to 30%, but not more than CZK 3 000 000 if they use the funds thus obtained to cover the costs (expenses) related to the activities from which the revenue obtained is not subject to tax. If the 30% reduction is less than CZK 100,000, an amount of CZK 100,000 can be deducted, up to a maximum tax base.
(8) The tax base reduced pursuant to § 34 may be deducted from the value of donations to municipalities and legal persons based in the Czech Republic to finance science and education, research and development purposes, culture, education, police, 15a) to fire protection, to support and protect youth, to protect animals, to social, health, environmental, humanitarian, charitable, religious, religious for registered churches and religious societies, to physical and physical persons residing in the Czech Republic to provide educational and medical facilities and to protect abandoned animals or endangered animal species, to finance such facilities, provided the value of the gift is at least CZK 2000. In total, no more than 2% of the tax base reduced under Paragraph 34 can be deducted. This deduction cannot be applied by taxpayers who are not set up or set up for business purposes.
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Regulation Information
| Citation | Act No. 259 / 1994 Coll., amending and supplementing Act No. 586 / 1992 Coll., on Income Taxes, as amended, and Act No. 591 / 1992 Coll., on Securities, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.12.1994 |
|---|---|
| Effective from | 01.01.1995 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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