What is Act No. 261 / 2007 Coll.?

Act No. 261 / 2007 Coll., on the stabilisation of public budgets — Law on the stabilisation of public budgets.

When it became Act No. 261 / 2007 Coll. effectiveness?

Act No. 261 / 2007 Coll. became effective 01.01.2008.

Is Act No. 261 / 2007 Coll. still valid?

Yes, Act No. 261 / 2007 Coll. is still valid and effective.

How many times was it Act No. 261 / 2007 Coll. amended?

Act No. 261 / 2007 Coll. has 24 time versions of the text.

Act No. 261 / 2007 Coll.

Law on the stabilisation of public budgets

Valid Law Effective from 01.01.2008

Text versions: 01.08.2025 01.01.2025 01.01.2024 01.01.2021 01.07.2017 All versions (23)

Zobrazeno prvních 200 z celkem 3194 ustanovení tohoto předpisu. Zobrazit celý předpis →

Pro stažení celého znění použijte tlačítko Stáhnout výše.

261

ZÁKON

ze dne 19. září 2007

on the stabilisation of public budgets

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment of the Income Tax Act

Čl. I

Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 1999, Act No. 5 / 1999, Act No. 5 / 1999, Act No. 5, Act No. 5 / 1999, Act No. 5, Act No. 5 / 1999, Act No. 5, Act No. 5 / 1999, Act No. 99, Act No. 5, Act No. 5 / 1999, Act No. 5, Act No. 5, Act No. 5, Act No 2004, Act No. 5, Act No. 5, Act No. 2006, Act No. 2004, Act No. 2004, Act No. 2004, Act No. 2004, Act No. 2004, Act No. 5, Act No. 1999, No 1999, No 1999,

1. In Article 3, at the end of paragraph 4, the dot is replaced by a comma and the following points (f) to (h) are added:

"(f) revenue received

1. donating real estate or other property,

2. transfer of real estate or other property,

between persons close to early cessation of farming activities 1e),

(g) income arising from settlement between joint owners by division of assets according to the size of their share1d), income from joint ventures settlement 4g),

(h) the amount paid by the health insurance undertaking by which the limit of the regulatory fees and drug or food supplements has been exceeded under specific legislation governing the limits of regulatory fees and drug or food supplements;

(1e) Council Regulation (EC) No 1698 / 2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD). Government Decree No. 69 / 2005 Coll., laying down the conditions for granting the subsidy in connection with the early cessation of the agricultural activity of an agricultural entrepreneur, as amended by Government Decree No. 512 / 2006 Coll. '

2. in Paragraph 4 (1) (h):

"(h) income obtained in the form of benefits and services from sickness insurance (42), pension insurance under the Pension Insurance Act (43), state social support44), monetary assistance to victims of crime under the Special Act (44a), social security (45), performance from the application of the State policy instruments employed (46) and general health insurance (47), and performance from foreign compulsory insurance of the same kind; However, where income is in the form of regularly paid pensions or pensions, only an amount of CZK 198 000 per year shall be exempt from tax from the sum of such income, but not including the amount of the supplement or pension allowance under the special legislation2c), '.

3. in Article 4 (1) (i), the words "public contributions" shall be inserted after the words "aid."

5. in Paragraph 4 (1) (r):

"(r) income from the transfer of members' rights to the cooperative, the transfer of shareholdings in the transformed cooperative 13), the transfer of shareholdings in companies or the sale of securities not referred to in (w), exceeding the period of five years between acquisition and transfer. The period of 5 years between the acquisition and transfer of the members' rights of the cooperative, the shareholding in the transformed cooperative (13) or the participation in the trading company is reduced by the period during which the taxpayer was a member of a trading company or a member of a cooperative before the transformation of that company or cooperative. If the conditions set out in § 23b or 23c are met, the period of 5 years between acquisition and transfer shall not be interrupted when the shares, merger or division of the company are exchanged. The exemption shall not apply to income from the transfer of the members' rights of the cooperative, the transfer of participation in trading companies or the sale of securities, provided that they have been acquired from the business assets of the taxpayer within 5 years of the end of his business or other self-employed activity. Furthermore, the exemption shall not apply to revenue accruing to the taxpayer from the future transfer of the members' rights of the cooperative, from the transfer of an additional share in the transformed cooperative, from the transfer of participation in a company or from the sale of securities within 5 years of the acquisition, and from the future transfer of the members' rights of the cooperative, from the transfer of participation in a company or from the sale of securities acquired from its commercial property, provided that the income from such transfer is generated within 5 years of the termination of the business or other self-employment of the taxpayer, even if the transfer contract is concluded up to 5 years after the acquisition or the end of the business or other self-employment, '.

6. in Paragraph 4 (1) (t), "aid" is replaced by "aid."

7. in the second sentence of Article 4 (1) (u), "housing needs" shall be replaced by "housing needs."

footnote 4e is deleted.

8. in § 4 (1) (w):

"(w) income from the sale of investment securities and collective investment securities pursuant to a special regulation governing the capital market business, if the period between the acquisition and transfer of such securities on sale exceeds 6 months, and income from the share share on cancellation of the holding fund exceeds 6 months. The exemption applies only to persons whose total share, direct and indirect, of the company's capital and voting rights did not exceed 5% in the 24 months prior to the sale of the securities. The period of six months between the acquisition and transfer of the security with the same taxpayer shall not be interrupted when the mutual funds are merged or merged or converted into an open mutual fund by a closed mutual fund. The exemption shall not apply to income from the sale of securities which are or have been included in commercial property within 6 months of the end of the business or other self-employed activity and to income from capital goods. The exemption shall not apply to income from a holding in the event of the cancellation of a holding fund which has been or is included in the commercial property within 6 months of the end of the business or other self-employed activity. In the exchange of shares by the issuer for other shares of the same total nominal value, the period of six months between the acquisition and transfer of securities with the same taxpayer shall not be interrupted; Similarly, exchanges of shares, mergers or divisions of companies shall be carried out where the conditions set out in § 23b or 23c are met. The exemption shall not apply to revenue accruing to the taxpayer from the future sale of securities made within 6 months of the acquisition and the future sale of securities which are or have been included in the commercial property, within 6 months of the end of the business or other self-employed activity, even if the purchase contract is concluded only 6 months after the acquisition or 6 months after the end of the business or other self-employed activity. Similarly, income accruing to minority shareholders in the exercise of the right of the principal shareholder to purchase participating securities under special legislation 13d shall be treated as remuneration, '.

9. in Article 4 (1), point (y) is deleted;

Points (z) to (zo) shall be renumbered as points (y) to (zn).

10. in Article 4 (1) (y), the word "administration" shall be deleted;

11. in Article 4 (1), point (zg) is deleted;

The letters zh) to zn) shall be marked as "zg) to zm '.

12. In Paragraph 4, the dot is replaced by a comma at the end of paragraph 1 and the following point (zn) is added:

"(zn) income under Paragraph 7 resulting from the insolvency in the tax period when the authorisation of reorganisation was decided under the special legislation 19a) and in the two tax periods immediately following the tax period in which the authorisation of reorganisation was decided if they did not end."

13. in Article 5 (5), the last sentence is deleted;

14. in Article 5 (10), the words "from obligations" shall be deleted;

15. in Article 6 (1), the words "and income for the work of liquidators" shall be added at the end of the text of point (b).

16. In Paragraph 6 (4), the first sentence shall be replaced by the sentence "Revenue collected by an employer having its registered office or resident in the Czech Republic and revenue from tax payers as defined in Paragraph 38c, after an increase in accordance with paragraph 13, shall be the separate tax base for tax taxation levied at a withholding rate in accordance with Paragraph 36 (2), in the case of revenue referred to in paragraphs 1 (a) and (d) and in accordance with paragraph 10, the total amount of which, before an increase in accordance with paragraph 13, shall not exceed CZK 5 000 per calendar month."

17. in Article 6 (7) (a), the words "(hereinafter referred to as" the above-mentioned special regulation ")" shall be deleted;

18. in Article 6 (9) (a):

"(a) the amounts spent by the employer to cover expenditure relating to the professional development of staff and the retraining related to the subject of its activity, with the exception of the amounts incurred to increase the qualification; the exemption shall not apply to income generated by employees in this context as wages, wages, remuneration or compensation for income foregone, ';

19. in Article 6 (9), point (e) is deleted;

Points (f) to (v) shall be renumbered as points (e) to (u).

20. in Paragraph 6 (9), point (f) is deleted;

Points (g) to (u) shall be renumbered as points (f) to (t).

21. In Paragraph 6 (9), the words "up to a maximum of CZK 3,500 per month" shall be added at the end of point (i).

22. in Paragraph 6 (9) (m), including footnote 6e:

"(m) a specific charge or charge for foreign service provided in foreign currency to soldiers and members of the security corps 6e) posted within a multinational force unit or international security corps outside the Czech Republic for the duration of its operations abroad;

6e) For example, Article 11 (3) of Act No. 143 / 1992 Coll., on the salary and remuneration for on-call duty in budgetary and certain other organisations and bodies, as amended, § 119 of Act No. 361 / 2003 Coll., on the service ratio of members of the Security Corps, as amended. '

23. in Paragraph 6 (9) (p), including footnote 123:

"(p) the employer's contribution to the supplementary pension scheme with a State contribution to the account of its employee for the pension fund 9a), the amount of premiums paid by the employer insure34b) for employees in case of life insurance or in case of death or life insurance, including in case of prior performance in case of entitlement to an old-age pension or full disability pension, or in the case of an employee who is entitled to pursue an insurance activity in the territory of the Czech Republic under the special legislation 89, or in case of death (hereinafter referred to as" private life insurance "), on the condition that he has been in the contract for the payment of the insurance contract. This applies in cases where the insured employee is entitled to benefit from private life insurance contracts and where the insured person is the death of the insured person, the person designated under the special insurance legislation (123), except for the employer who paid the insurance premiums,

123) § 51 of Act No. 37 / 2004 Coll. '

24. in § 6 (9) (s), including footnotes 47a and 47b:

"(s) income received in the form of compensation for salary, salary or reduced salary or reduced remuneration for the period of temporary incapacity for work or quarantine under special legislation47a) up to a minimum entitlement determined by the special legislation governing employment relationships 47b);

47a) For example, § 192 to 194 of the Labour Code, § 34 (4) of Act No. 236 / 1995 Coll., on the salary and other formalities connected with the performance of the duties of representatives of State authority and of certain state bodies and judges and Members of the European Parliament, as amended, § 73 (4) of Act No. 128 / 2000 Coll., on municipalities (municipal establishment), as amended, § 48 (3) of Act No. 129 / 2000 Coll., on counties (regional establishment), as amended, § 53 (4) of Act No. 131 / 2000 Coll., on the capital of Prague, as amended.

47b) § 192 (2) of the Labour Code. '

25. Paragraph 6 (13) reads:

"(13) The tax base (sub-base of tax) shall be income from dependent activity or functional benefits, with the exception referred to in paragraphs 4 and 5, increased by an amount corresponding to the social security and contribution to the state employment policy and the general health insurance policy, which, under the special legislation21), is required by the employer to pay for himself and, for a worker covered by compulsory foreign insurance of the same type, by an amount corresponding to the employer's contributions to that foreign insurance. '

26. In Article 6, the following paragraph 14 is added:

"(14) In the case of income arising from sources abroad, the taxable person referred to in Article 2 (2) shall be the taxable person's taxable income from dependent activities carried out in a State with which the Czech Republic has not concluded a double taxation contract, plus an amount corresponding to the employer's contributions to insurance compulsory under paragraph 13 and reduced by the tax paid on such income abroad. If the dependent activity is carried out in a State with which the Czech Republic has entered into a double taxation contract, the taxable amount of the income from the dependent activity carried out in that State shall be increased by the amount corresponding to the employer's contributions to the compulsory insurance provided for in paragraph 13 and reduced by the tax paid for that income abroad, but only to the extent that the tax has not been credited to domestic tax under Paragraph 38f in the previous tax year. '

27. in the first sentence of Article 7 (3), "8" is replaced by "6."

28. Paragraph 7 (6) and (7) are deleted.

Paragraphs 8 to 15 shall become paragraphs 6 to 13.

29. in Article 7 (6), "3 000" is replaced by "7 000."

30. In Article 7 (8), the first sentence is replaced by the following: "If the taxpayer applies the expenditure referred to in paragraph 7, all expenses incurred by the taxpayer in the context of the achievement of income from business and other self-employment shall be considered to include in the amount of expenditure. '

31. in Article 7 (8), the second sentence is deleted;

32. In § 7 (8) last sentence, § 7 (12) fifth and sixth sentences, § 7 (13), § 7a (3) first sentence, § 10 (4) fourth and fifth sentences, and § 24 (12) introductory part of the provision, the number "9" is replaced by "7."

33.In the fifth sentence of Article 7 (12), "10" is replaced by "8," and "13 and 14" is replaced by "and 13."

34. in the sixth sentence of Article 7 (12), "10" is replaced by "8," and "13 or 14" is replaced by "or 13."

35. in § 7a (4), first sentence, § 35a (1) (b), § 35b (2) (b), § 35d (6), first sentence, § 35d (7), first sentence, § 38e (3) (a) and in § 38ch (5), first sentence, the words "paragraph 1" shall be deleted;

36. In the second sentence of Article 7a (7), the words "the amount of the tax rebate pursuant to Article 35ba or the tax rebate pursuant to Article 35c shall be inserted after the words" Article 15, ".

37. Article 7c, including the title and footnotes 90 and 91, shall be deleted.

38. In the first sentence of Paragraph 8 (4), the words "unless the taxpayer makes use of the option to include them in a separate tax base when applying the tax rate under Paragraph 16 (2) 'are deleted.

39. in Paragraph 8 (4), the last sentence shall be deleted;

40. in Paragraph 10 (1) (b), "consideration" is replaced by "consideration."

41. in the last sentence of Article 10 (2), the words "paragraph 1 (a), (b), (c), (r) and (w)" shall be deleted;

42. In Paragraph 10 (8), the fifth and sixth sentences are deleted.

43. Paragraph 13 (2) is deleted and paragraph 1 is deleted.

Article 44 (13a) and (14) shall be deleted.

45. in the first sentence of Article 15 (1) and in the first sentence of Article 20 (8), the words "long-term disabled requiring emergency care under special legislation113)" shall be replaced by the words "dependent on the care of another person under special legislation4j)."

footnote 113 is deleted.

46. In the second sentence of Paragraph 15 (4), the words "the acquisition of the legal power of a clearance decision 63) 'are replaced by the words" the fulfilment of obligations laid down in a separate legislation for the use of building 63).

Footnote 63 reads:

"63) § 76 et seq. of Act No. 50 / 1976 Coll. 119 et seq. of Act No. 183 / 2006 Coll., on Territorial Planning and Construction Regulations (Construction Act)."

47. In the first sentence of Paragraph 15 (6), the words "or another insurance undertaking established in the territory of a Member State of the European Union or of the European Economic Area" shall be inserted after the word "Regulation 89."

48. In Article 15, the following paragraph 9 is added:

"(9) For the taxpayer referred to in Article 2 (3), the taxable amount referred to in paragraphs 3 and 4 shall be reduced for the tax period if the aggregate of his income from resources in the Czech Republic pursuant to Article 22 is at least 90% of all his income, with the exception of income not subject to tax pursuant to Article 3 or 6, or exempt from tax pursuant to Article 4, 6 or 10, or income for which the tax is collected by deduction at a specific rate of tax. '

49. Paragraph 16, including the title, reads:

„§ 16

Tax rate

The tax on the tax base reduced by the non-taxable part of the tax base (§ 15) and the deductible items from the tax base (§ 34), rounded down to 100 CZK, is 15%. "

51. in Article 18 (3), the words "with the exception of Article 19 (1) (zd)" shall be deleted;

(52) In Article 18 (4) (b), the words "from the budget of the European Union or from the public budgets of foreign States and from the revenue of regions and support from the Wine Fund" shall be replaced by the words "State Funds, from the support provided by the Regional Council of the Cohesion Region under the special legislature124), from the support from the Wine Fund, from the funds provided from the budget of the European Union or from the public budgets of foreign States, and from the income of regions."

Footnote 124 reads:

"124) Act No. 248 / 2000 Coll., on the Promotion of Regional Development, as amended."

53. In Paragraph 19 (1) (g), the word "z" is replaced by the words "of all amounts bet by all taxpayers operated."

54. in Article 19 (1) (l), including footnotes 125 and 125a:

"(l) revenue arising from privatized assets which are kept by the Ministry of Finance in special accounts under the special legislature125) and revenue arising from the management of the funds of these special accounts in the financial market, as well as revenue resulting from rights transferred from the Czech consolidation agency to the State under the special legislature125a),

125) Act No. 427 / 1990 Coll., on transfers of State ownership to other legal or natural persons, as amended. Act No. 500 / 1990 Coll., on the Jurisdiction of the Bodies of the Czech Republic in Matters of Transfers of State Property to Other Legal or Natural Persons, as amended. Act No. 178 / 2005 Coll., on the abolition of the National Property Fund of the Czech Republic and on the jurisdiction of the Ministry of Finance in the privatisation of the Czech Republic (Act on the abolition of the National Property Fund), as amended.

125a) Act No. 239 / 2001 Coll., on the Czech consolidation agency and on the amendment of certain laws (Act on the Czech consolidation agency), as amended. "

55. in Paragraph 19 (1) (u):

"(u) the revenue of the Regional Council of the Cohesion Region provided for by the specific legislation124), '.

56. in Paragraph 19 (1), the words "and revenue from support from the winery fund" shall be added at the end of the point after);

57. in § 19 (1) (zc) to (z):

"(zc) revenue resulting from the contributions of producers under the special legislature121) to operators of a collective system ensuring the recovery, processing, recovery and disposal of electrical equipment or the separate collection, treatment, recovery and disposal of electrical waste, provided that they are registered under the special legislature121),

(d) cultural valuationsunder specific legislation12a);

(z) revenue from

1. dividends and other profit shares paid by a subsidiary which is a taxpayer referred to in Article 17 (3) to the parent company;

2. transfer of the share of the parent company in the subsidiary resulting from the taxpayer referred to in Article 17 (3) or the permanent establishment of a company which is a tax resident of another Member State of the European Union located in the territory of the Czech Republic.

This shall not apply to dividends and other profit shares paid by a subsidiary and income from the transfer of a parent company's share in a subsidiary resulting from a taxpayer referred to in Article 17 (3) or a permanent establishment of a company which is a tax resident in another Member State of the European Union, where the subsidiary is a taxpayer referred to in Article 17 (3) and is in liquidation, '.

58. In Paragraph 19 (1), the comma is replaced by a dot and the points (zp) and (zq) are deleted.

(59) In Paragraph 19 (4), the words "and in accordance with paragraph 9" shall be inserted after the words "paragraph 1 (ze) to (zi)."

60. In Article 19 (6), the words "dividends and other profit shares, income from the transfer of a parent company's share in a subsidiary," shall be inserted after the word "beneficiary."

61. In Article 19, the following paragraph 9 is added:

"(9) The exemption provided for in paragraph 1 (z) and (zi) also applies to the income generated by the taxpayer referred to in Article 17 (3) and to the permanent establishment of a company which is a tax resident of another Member State of the European Union, located in the Czech Republic, from dividends and other shares in profits paid by the company and from the transfer of a share in the company, provided that the company:

1. is a tax resident of a third State with which the Czech Republic has an effective double taxation agreement; and

2. has a legal form comparable to that of a limited liability company, a public limited company or a cooperative under special legislature70); and

3. is in a similar relationship with the taxpayer to whom income from dividends and other shareholdings in profits or from the transfer of a holding in the company is generated as a subsidiary to the parent company under the conditions laid down in paragraphs 3 and 4; and

4. Subject to a tax equivalent to corporation tax, for which the tax rate is not less than 12%, at least in the tax period in which the taxpayer referred to in Article 17 (3) on income from dividends and other shares in profits or on the transfer of a holding in a company accounts for a claim in accordance with the special legislature20) and in the tax period preceding that tax period; However, if the company has ceased to exist without carrying out the liquidation, compliance with this condition with the legal predecessor shall be assessed. A company which is exempt from or may choose exemption or similar relief from such tax shall not be regarded as subject to such tax.

The exemption provided for in points (z) and (zi) of paragraph 1 and under this paragraph may be applied where the beneficiary of the income from dividends and other profit shares or the transfer of a share is the beneficial owner. The expenditure incurred on the income referred to in paragraph 1 (z) (2) shall always be the acquisition price of this share established under this law. Paragraph 25 (1) (zk) shall apply mutatis mutandis to determine the expenditure (costs) incurred on income (revenues) exempted under this paragraph. The exemption provided for in paragraph 1 (z) (2) and under this paragraph may not apply to shares in a company acquired as part of the purchase of an undertaking or part of an undertaking (Paragraph 23 (15)). '

62.

"93) Council Directive 90 / 435 / EEC of 23 July 1990 on the common system of taxation applicable to parent companies and subsidiaries from different Member States, as amended by Council Directive 2003 / 123 / EC and Council Directive 2006 / 98 / EC. Council Directive 90 / 434 / EEC of 23 July 1990 on the common system of taxation applicable to mergers, divisions, transfers of assets and exchanges of shares in respect of companies from different Member States, as amended by Council Directive 2005 / 19 / EC and Council Directive 2006 / 98 / EC. Council Directive 2003 / 49 / EC of 3 June 2003 on the common system of taxation of interest and royalties between associated companies from different Member States, as amended by Council Directive 2004 / 66 / EC, Council Directive 2004 / 76 / EC and Council Directive 2006 / 98 / EC. ';

(63) In Article 20b (1), the sentence "The exempt income shall not be included in the separate taxable base after the first sentence."

64. in Paragraph 21 (1), "24" is replaced by "21."

65.In Paragraph 21 (1), "21" is replaced by "20."

66.In Paragraph 21 (1), "20" is replaced by "19."

67.In Paragraph 21 (6), the word 'last' is replaced by 'first'.

68. In Paragraph 23 (2) (a), the second sentence is replaced by the sentence "The taxpayer drawing up the financial statements under the International Accounting Standards governed by the law of the European Communities (126), shall, for the purposes of this Act, apply special legislation for the purposes of determining the outcome of the management and for determining other data relevant to the determination of the taxable base (20i)."

Footnote 126 reads:

"126) Regulation (EC) No 1606 / 2002 of the European Parliament and of the Council of 19 July 2002 on the application of International Accounting Standards.";

69. Paragraph 23 (3) (a) (12), including footnote 127, reads as follows:

"12. the amount of the outstanding liability recognised in the accounts of the debtor corresponding to the claim, from which 36 months have elapsed or has been barred, and the amount of the liability entered in the balance sheet which has expired other than by fulfilling, offsetting, attaching a right with an obligation on one person, an agreement between the creditor and the debtor which is replaced by a new or recalculated liability under the special legislature88), unless it has been recognised in favour of or increased by that amount of the liability in accordance with point 10. This shall not apply to the liabilities of the debtor which are bankrupt under special legal provisions 41c), 127) and 71) for other debtors in respect of securities and other investment instruments71), transactions in favour of equity, payment of the loss of the company, loans, loans, guarantees, advances, contractual penalties, interest on late payments, late payments and other penalties on obligations arising from expenditure (expense) but is expenditure (cost) to achieve, secure and maintain taxable income only if it has been paid. In addition, this provision shall not apply to commitments for which expenditure (cargo) has not been used to achieve, secure and maintain taxable income, as well as to commitments for which the taxpayers have carried out arbitration proceedings under specific law or legal proceedings, or administrative proceedings under specific law, which the taxpayer has duly participated in and properly and in a timely manner in order to exercise his right, pending a final decision. For the purposes of this provision, speculative items of passive or reserve recorded in the taxpayer's accounts in accordance with the special legislature20 shall not be considered to be liabilities. Similarly, taxpayers with income pursuant to § 7 or 9 who do not keep accounts shall proceed,

127) Act No. 182 / 2006 Coll., on the bankruptcy and methods of its resolution (insolvency law), as amended. '

70. in Article 23 (3), the following point 13 is added at the end of point (a):

"The 13th amount by which the taxable amount has been reduced pursuant to § 34 (9) and (10) in previous tax periods, if the taxpayer has passed on the debt arising from the transfer of the holding, '.

71. in Article 23 (3), the following points 4 and 5 are added at the end of point (b):

"4. the amounts entered under the special legislature20) in favour of the revenue or costs in the accounts of the shareholder in the acquisition of shares or shares in the context of the conversion under the special legislature70), provided that there is no increase in the acquisition price in this context (§ 24 (7)),

5. amounts entered in the accounts of a shareholder in the acquisition of shares by that shareholder, if these shares were newly issued on the basis of a capital increase under the special regulation70), provided that the company's profits, the fund formed from profit or other equity component were the source of such an increase, provided that there is no increase in the acquisition price (§ 24 (7)); ';

72.In Article 23 (3) (c), the dot is replaced by a comma at the end of point 5 and the following point 6 is added:

"6. the value of the obligation, or part thereof, that has been fulfilled or entered into, by which the taxable amount referred to in point (a) (12) has been increased. Similarly, taxpayers with income pursuant to § 7 or 9 who do not keep accounts shall proceed. '

73.In Article 23 (4) (b), the words "Article 16 (2) and" shall be deleted.

74. Article 23 (4) shall be replaced by a semicolon at the end of point (e) and the words "the provisions of this point shall not apply to expenditure (costs) which is not recognised as expenditure (costs) to achieve, secure and maintain revenue pursuant to Article 25 (1) (w),"

75. in Article 23 (4) (l):

"(l) a change in fair value (valuation difference) for a holding which is measured at fair value in accordance with special legislation20 and which would be exempt from the transfer under § 19 (1) (z) or § 19 (9)."

76. In Paragraph 23 (7), the second sentence is replaced by the following: "Where the agreed amount of interest for the loan 20d) and the loan between the related persons is lower than the price agreed between the independent persons and the creditor is the taxpayer referred to in § 2 (3) or § 17 (4) or the creditor is a member or member of the cooperative referred to in § 2 (2) and § 17 (3), the provisions of the first sentence shall not apply."

77.In § 23 (8) of the final part of the second sentence, § 25 (1) (zd) and § 31 (7) of the last sentence, the words "paragraph 9" are replaced by the words "paragraph 7."

78.Paragraph 23 (9) reads as follows:

"(9) For accounting payers, the profit or loss is not adjusted for the valuation difference from the change in fair value under the special legislature20)

(a) a security with the exception of notes and with the exception referred to in Article 23 (4) (l);

(b) the derivative and part of the assets and liabilities secured by the derivative;

(d) investments and technical provisions for taxpayers authorised to pursue insurance or reinsurance activities under special legislation89). ';

79. In the second sentence of Article 23 (14), the words "or changes the way in which expenditure is to be used pursuant to Article 24 for the application of expenditure pursuant to Article 7 (7) 'are inserted after the words" if accounting is to be closed' or where expenditure is to be used pursuant to Article 24 before a change in the way in which expenditure is to be used pursuant to Article 7 (7) '.

80. In the seventh sentence of Article 23 (15), "the words" when the company or cooperative is divided shall be inserted after the words "when the company or cooperative is divided."

81. In Paragraph 23 (15), the following sentence shall be inserted after the sentence of the seventh sentence: "In the division of a company or a cooperative where the company or cooperative distributed ceases to exist and the acquiring company or cooperative continues to include a positive or negative valuation difference in the purchase of the undertaking or part of the undertaking in the taxable amount, the acquiring company or cooperative may include that valuation difference in the taxable basis only to the extent determined by the economic criterion. In the case of a division of a trading company or a cooperative where the distributed trading company or cooperative does not cease to exist, the positive or negative valuation difference when buying an undertaking or part of an undertaking shall be included in the tax base of the distributed trading company or cooperative and in the tax base of the acquiring trading company or cooperative only to the extent determined according to the economically justifiable criterion. ';

82. Paragraph 23 (17) is deleted.

83. In Articles 23a (4), 23c (7), 24 (5) (a), 26 (7) (b), 29 (1) (e), 29 (1) and 30 (2), the number "12" is replaced by "10."

84. in Article 23a (5) (c), the words "in accordance with § 34 (3) to (5)," shall be replaced by "in accordance with § 34 (4), (6), (9) and (10)."

85. in Articles 23a (6) (a) to (c) and 23b (6) of the introductory part of the provision, the words "or European cooperative societies 35g" shall be inserted after the word "limited."

86. in Article 23c (1) (a), the word "normally" shall be inserted after the word "company being acquired."

87.In Paragraph 23c (2):

"(2) For the purposes of this Act, the division of a company means a procedure whereby:

(a) all the assets and liabilities of the company being acquired are transferred to two or more existing or newly created companies (hereinafter referred to as "the acquiring companies on division"), the members of the company being acquired generally taking a stake in the acquiring companies on division with a possible top-up; or

(b) the part of the assets of a company which does not cease to exist (hereinafter referred to as "the divested company") shall be transferred to one or more successor companies at the time of the division, the members of the divestment of the company normally acquiring a share in the acquiring company at the time of the division or the acquiring company at the time of the division, with a possible top-up. ";

88. Paragraph 23c (5) reads:

"(5) The income (income) of a member of a company acquired or distributed by reason of the revaluation of assets and liabilities for the purposes of the merger or division of a company is not included in the taxable amount. This does not apply to the top-up fee. The provisions of this paragraph shall apply where both the company being acquired or distributed and the acquiring company, the acquiring company, the acquiring company that is the sole shareholder, or the acquiring company on division are the taxpayers referred to in Paragraph 17 (3), who take the form of a public limited company or a limited company or a European cooperative company, 35g), or are companies which are tax residents of another Member State of the European Union and a member of the company being acquired or distributed.

(a) is the taxpayer referred to in Article 2 (2) or Article 17 (3); or

(b) is not a taxpayer referred to in § 2 (2) or § 17 (3), but holds a share in the company being divided or holds a stake in the company being acquired and holds a stake in the acquiring company, the acquiring company being the sole shareholder or the acquiring company on division through a permanent establishment located in the Czech Republic. "

Zobrazit všechna ustanovení (3194)

Comments 0

To write comments, please sign in.

Regulation Information

Citation	Act No. 261 / 2007 Coll., on the stabilisation of public budgets
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	16.10.2007
Effective from	01.01.2008
Effective until	-
Status	Valid

Legal Areas: Banking, Money Security Taxes Social security benefits European law Finance Economic (State) Information, Data, Data Power of executive and government authorities Wages, salaries, wages, compensation Civil law Civil law substantive State Defence Fees Labour relations Employment. Service relationship Labour law Social security law Proceedings in social security matters Budget Self-administration Education, Education, Education Social Services, Social Assistance Judicial and Public Prosecutor's Office Social security management Administration of state (national) property Administrative authorities Administrative law Government Telecommunications, Communications, Mail Accounting Constitutional (state) law Territorial Authority Old age insurance, Old age pension Diseases, Sickness benefits Unemployment security Health Minimum of life, Emergency

The regulation text is for informational purposes only.

Act No. 261 / 2007 Coll.

Law on the stabilisation of public budgets

Contents

ČÁST PRVNÍ

Čl. I

„§ 16

Contents

Comments 0

Regulation Information

Partner Websites

Favorites

Browsing History