Act No. 260 / 2002 Coll.
Act amending Act No. 191 / 1999 Coll., on measures relating to the import, export and re-export of goods infringing certain intellectual property rights and amending certain other laws, as amended by Act No. 121 / 2000 Coll., Act No. 586 / 1992 Coll., on income taxes, as amended, Act No. 593 / 1992 Coll., on provisions for determining the income tax base, as amended, and Act No. 569 / 1991 Coll., on the Land Fund of the Czech Republic, as amended
Valid
Law
Effective from 01.09.2002
260
THE LAW
of 24 May 2002
amending Act No. 191 / 1999 Coll., on measures relating to the import, export and re-export of goods infringing certain intellectual property rights and amending certain other acts, as amended by Act No. 121 / 2000 Coll., Act No. 586 / 1992 Coll., on income taxes, as amended, Act No. 593 / 1992 Coll., on provisions for determining the income tax base, as amended, and Act No. 569 / 1991 Coll., on the Land Fund of the Czech Republic, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Income Tax Act
Act No. 100 / 2000, Act No. 100 / 2000, Act No. 100 / 2000, Act No. 100 / 2000, Act No. 100 / 2000, Act No. 100 / 2000, Act No. 100 / 2000, Act No. 120 / 1993 Coll., Act No. 100 / 2000 Coll., Act No. 120 / 1993 Coll., Act No. 2000 Coll., Act No. 120 / 1993 Coll., Act No. 2000 Coll., Act No. 2000 Coll., Act No. 99 / 1994 Coll., Act No. 99 / 2000 Coll., Act No. 2000 Coll., Act No. 99 / 2000 Coll., Act No. 99 / 2000 Coll., Act No. 99 / 1999 Coll.
1. in Paragraph 4 (1) (t), the word "capital goods, 20)" is replaced by the word "assets."
2. In Article 5, the following paragraph 9 is added:
"(9) For the taxpayers referred to in § 2, the value of the claim shall be the nominal value or cost of the claim acquired by the transfer or the price determined for the purposes of the tax on the inheritance or donation of the claim acquired by the inheritance or donation. ';
3. In Article 7, the following paragraph 15 is added:
"(15) Fees with income referred to in paragraph 2 may, for the purposes of this Act, account for revenue and expenditure in a simple accounting system. ';
4. In Paragraph 8 (6), the words "purchase price 'are replaced by the words" purchase price'.
5. In Article 10 (5), the words "purchase price 'are replaced by the words" purchase price'; the words "purchase price 'are replaced by the words" purchase price'; the sentence of the second sentence is replaced by the words: "In the case of proceeds from the sale of a claim acquired by the transfer, gift or inheritance, the expense is the value of the claim '.
6. In Paragraph 10 (7), "purchase prices' is replaced by" purchase prices'.
7. in Article 17a (d):
"(d) the accounting year, 20) if the accounting year is longer than a continuous 12-month period."
footnote 20 is replaced by the following:
"20) Act No. 563 / 1991 Coll., on Accounting, as amended."
8. In Paragraph 23 (15), the first sentence and the second sentence are replaced by the following: 20) 'and in the fifth sentence of the preceding sentence,' at acquisition 'is replaced by' at acquisition '.
9. in Paragraph 24 (2) (o), "purchase price" is replaced by "purchase price."
10. in Article 24 (2) (r):
"(r) the value of the security on sale recorded in the accounts in accordance with special legislation20) on the date of its sale, with the exception of points (w) and (z),";
11. in Article 24 (2) (s) (1), the word "value" shall be replaced by "nominal value" and in point (2), the words "price of purchase 20) shall be replaced by" cost of purchase 20 ";
12. in Article 24 (2) (y), the words "the value of the claim or purchase price" shall be replaced by the words "the nominal value of the claim or purchase price" and in the sentence at the end, the words "the purchase price" shall be replaced by the words "the purchase price."
13. in § 24 (2) (w):
"(w) the acquisition price of a share which is not valued in accordance with special legislation20) at fair value, the acquisition price of a share in a limited company or limited company or in a limited company or cooperative, up to the amount of the income from the sale of that share or that share;"
14. in Article 24 (2) (zc), the words "or were part of the proceeds in previous tax periods" shall be added at the end.
15. in Article 24 (2) (z):
"(z) the purchase price of a bill on sale, which is accounted for under the special rule of law 20) as a security, recorded in the accounts in accordance with the special rule of law 20) on the date of its sale, up only to the amount of the income from its sale, '.
16. in Paragraph 24 (2) (zf), the words "the purchase price" are replaced by the words "the purchase price."
17. in § 24 (2) (zg):
"(zg) the right of option under the special law, 20) but, when selling the right of option, the purchase price of option 20) is recorded in the accounts in accordance with the special legislature20) at the date of sale by expenditure (cost), up to the amount of income from its sale, '.
18. In Paragraph 24 at the end of paragraph 2, the dot is replaced by a comma and the following point (zp) is added:
"(z) expenditure on the acquisition of intangible assets 20) for taxpayers with income pursuant to § 7 or § 9 of the non-accounting system, less the European Community grant 4f) provided for the acquisition or technical evaluation of intangible assets."
19. Paragraph 24 (7) reads:
"(7) For the purposes of this Act, the acquisition price of a share in a company or cooperative shall be:
(a) the value of the paid-up cash contribution of a member of the cooperative to equity;
(b) the value of the non-cash contribution of a member of the cooperative to equity. The value of this deposit shall be determined with the member of the cooperative who:
1. by the taxpayer referred to in § 2 (2), similar to the value of the non-cash income at the time of the deposit (§ 3 (3)). The tangible assets included in the commercial property of the taxpayer shall be valued at the balance price (Paragraph 29 (2)) and other assets at book value. 20) If the asset is an asset which has not been included in the business property of the taxpayer and has been acquired or acquired in less than 5 years before the transfer to the company or cooperative is made, it shall be valued at cost, 20) if it is acquired on a fee, its own cost, 20) if it is acquired or produced under its own control, and when the property is acquired by inheritance or by donating a price fixed for tax purposes by inheritance or donation; 26b) for real estate, the acquisition price shall be increased by the costs evidently incurred for their repair and technical evaluation before payment of the deposit;
2. by the taxpayer referred to in § 17 (3), at the amount of the residual price (§ 29 (2)) of the tangible assets deposited and the book value of 20) of the other assets deposited,
3. by the taxpayer referred to in § 2 (3) and § 17 (4), in the amount of the price of the assets deposited as valued for the deposit,
(c) the acquisition price (20) of the holding in the case of acquisition of the holding, or the price fixed for tax purposes of the inheritance and giving26b (in the case of acquisition of the holding by inheritance or donation.
The acquisition price of a stake in a trading company or cooperative shall not be changed when the legal form of the trading company or cooperative changes and when the trading company or cooperative ceases to exist as a result of a merger, transfer of assets to a shareholder or division of the trading company or cooperative. 70) The acquisition price of a share in a public limited company shall not be changed unless the value of the shareholder's contribution is changed and only one share is exchanged per other share or one share is exchanged per share or more shares per share; where a higher or lower number of shares is acquired in exchange, the acquisition price of one share shall be the proportion of the acquisition price of the original share or the sum of the acquisition prices of the original shares. Similarly, this applies to the exchange of one type of security (for example, a provisional sheet, an exchangeable bond, a priority bond) for shares, unless the value of the shareholder contribution changes. In the case of a member of a cooperative who is a payer of value added tax, the acquisition price of the share in a company or cooperative may be increased by the amount of value added tax paid relating to the transferred tangible property, unless that company or cooperative is a payer of value added tax. The acquisition price of a share in a company or cooperative shall be reduced by the difference between the valuation of the non-cash contribution of claims arising from contractual penalties, interest on late payments, late payment fees, periodic penalty payments and other penalties on obligations and the amount which the member or member of the cooperative is obliged to pay under a special law. 70) The acquisition price of a share in a company or cooperative shall be further reduced by the income generated by the shareholder or member in the reduction of the share capital, with the exception of the income subject to the special tax rate provided for in Article 36 (1) (b) (3) or Article 36 (2) (a) (9), and, in the case of a member of a limited liability company, by a refund of a premium paid by the shareholder outside the capital. ';
20. In Paragraph 24 (8), the words "the nominal value or the acquisition price 'are replaced by the words" the nominal value of the claim or the acquisition price 20'.
21. in Article 25 (1) (z), the words "the value of the claim or the price of the acquisition 20)" shall be replaced by the words "the nominal value of the claim or the purchase price 20)";
22. in Paragraph 25 (1), the dot after the point (zg) is replaced by a comma and the following point (zh) is added:
"(zh) active correction item 20) on the set of assets acquired by the deposit or conversion, 70) with the exception of the adjustment item included in the tax base pursuant to Paragraph 23 (15)."
23. In the first sentence of Article 34 (6), the words "or parts thereof 'shall be inserted after the words" after the end of the tax period' and the words "when ownership is transferred 'shall be replaced by the words" and when ownership is transferred'.
24. in Article 36 (1) (b) (2) and (2) (a) (8), the words "the purchase price" shall be replaced by "the purchase price."
Transitional provisions
1. The current legislation applies to the tax obligations for the years 1993 to 2001.
2. The difference by which the sum of the values of the securities sold exceeds the sum of the proceeds of their sale pursuant to Article 24 (2) (r) of Act No 586 / 1992 Coll., on income taxes, as amended until 31 December 2001, which was not used as expenditure (cargo) for the maximum period 2001, can be deducted from the tax base in no more than three tax periods immediately following the declaration of this difference. Similarly, this difference, or part thereof, which has not been applied by a taxpayer who has not disappeared without the execution of a liquidation, may be deducted from the taxable amount by the acquiring company (cooperative) in the course of the conversion of 70) or by the legal successor.
3. When selling property shares in foreign legal persons acquired by taxpayers based in the territory of the Czech Republic (former foreign trade undertakings) until the end of 1990, the purchase price of those shares in the tax year 2002 is a cost regardless of the amount of income from their sale.
Amendment of the Reserve Act to determine the income tax base
Act No. 593 / 1992 Coll., on provisions for determining the income tax base, as amended by Act No. 157 / 1993 Coll., Act No. 323 / 1993 Coll., Act No. 244 / 1994 Coll., Act No. 132 / 1995 Coll., Act No. 211 / 1997 Coll., Act No. 333 / 1998 Coll., Act No. 363 / 1999 Coll., Act No. 492 / 2000 Coll. is amended as follows:
1. In Article 4 (3), the words "the book value of the claim and its" are replaced by the words "the nominal value of the claim and its acquisition."
2. In Paragraph 8 (1), the words "value of receivables or purchase prices' are replaced by the words" nominal value of receivables or purchase prices'.
3. in Article 8a (1) (a), the words "the value of the claim or the purchase price" shall be replaced by the words "the nominal value of the claim or the purchase price."
Transitional provision
Article VI shall apply for the first time for the 2002 tax period.
Efficacy
This Law shall take effect on 1 September 2002.
Klaus v. r.
Havel v. r.
Zeman v. r.
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Regulation Information
| Citation | Act No. 260 / 2002 Coll., amending Act No. 191 / 1999 Coll., on measures relating to the import, export and re-export of goods infringing certain intellectual property rights and amending certain other laws, as amended by Act No. 121 / 2000 Coll., Act No. 586 / 1992 Coll., on Income Tax, as amended, Act No. 593 / 1992 Coll., on Reserves for the Determination of the Income Tax Base, as amended, and Act No. 569 / 1991 Coll., on the Regional Fund of the Czech Republic, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.06.2002 |
|---|---|
| Effective from | 01.09.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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