Act No 386 / 2020 Coll.
Act repealing the statutory measure of Senate No. 340 / 2013 Coll., on Real Estate Acquisition Tax, as amended, and amending and repealing other related legislation
Valid
Law
Effective from 26.09.2020
386
THE LAW
of 15 September 2020
repealing Senate statutory measure No 340 / 2013 Coll., on real estate acquisition tax, as amended, and amending and repealing other related legislation
Parliament has decided on this law of the Czech Republic:
Repeal of the Senate legal measure on real estate acquisition tax and related legislation
They shall be deleted:
1. Legislative measure of Senate No. 340 / 2013 Coll., on the Real Estate Acquisition Tax.
2. Act No. 254 / 2016 Coll., amending Senate Legal Measures No. 340 / 2013 Coll., on Real Estate Acquisition Tax.
3. Act No. 264 / 2019 Coll., amending the statutory measure of Senate No. 340 / 2013 Coll., on Real Estate Acquisition Tax, as amended by Act No. 254 / 2016 Coll.
4. Decree No. 419 / 2013 Coll., to implement the statutory measure of the Senate on real estate acquisition tax.
5. Decree No. 127 / 2018 Coll., amending Decree No. 419 / 2013 Coll., to implement a statutory measure of the Senate on the acquisition of real estate tax.
6. Decree No. 279 / 2018 Coll., amending Decree No. 419 / 2013 Coll., to implement a statutory measure of the Senate on Real Estate Acquisition Tax, as amended by Decree No. 127 / 2018 Coll.
Transitional provisions
1. If the deadline for filing the tax return expired before 31 March 2020, the tax liability on the acquisition of real estate incurred before the date of entry into force of this Act, as well as on the rights and obligations associated with the statutory measure of the Senate No. 340 / 2013 Coll., as effective before the date of entry into force of this Act, shall apply. The extension of the deadline for filing the tax return under the tax rules shall not be taken into account.
2. If the deadline for filing the tax return expires from 31 March 2020, the tax liability on the acquisition tax on immovable property arising before the date of entry into force of this Act shall cease to apply. The extension of the deadline for filing the tax return under the tax rules shall not be taken into account.
Amendment of the Income Tax Act
Act No. 5 / 2004, Act No. 5, Act No. 5, Act No. 5, Act No. 6, Act No. 5, Act No. 6 / 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. 99, Act No. 96, Act No. 96, Act No. 5 / 1999, Act No. 5 / 1999, Act No. 5, Act No. 5, Act No. 96, Act No. 96, Act No. 96, Act No. 96, Act No. 96, Act No. 99, Act No. 96, Act No. 5 / 2004, Act No. 5, Act No. 2004, Act No 2004, Act No. 5, No 1999, No 1999, No 1999, No 1999, No 1999, No 1999, No 1999, No 1999, No 1999, No 1999, No 96, No 96, No 1999, No
1. in Paragraph 4 (1) (a) of the introductory part of the provision, the word "satisfaction" shall be replaced by "procurement."
2. in Article 4 (1) (b) of the introductory part of the provisions and points 1 to 3, "5" is replaced by "10."
3. in Article 4 (1) (b) of the introductory part of the provision, the words "income from the sale of immovable property or from the settlement of ownership of immovable property not exempt under (a) shall be inserted after the words" period of 10 years "unless the period between the acquisition of ownership of such immovable property and the sale or settlement of such ownership exceeds 10 years and the taxpayer uses the means obtained to procure his own housing needs;"
4. In Paragraph 4 (1) (v), the words "and onwards' and the words" used or 'deleted and the word "satisfied' are replaced by the words" procuring '.
5. in Article 4 (1) (v), the words "not later than 1 year after the year in which he accepted the refund (severance pay); that income is exempt even if the amount corresponding to the refund (severance grant) has been spent on procuring its own housing needs within a period of 1 year prior to its receipt; the receipt of the refund (severance grant) shall be notified by the taxpayer to the tax administrator by the end of the tax period during which it was received; If the conditions for exemption (severance grant) are not met, that income shall be the income referred to in Paragraph 10 in the last tax period in which the conditions for exemption may have been met; Similarly, income" shall be replaced by "and income" and "; similar shall apply to income from the sale of a family house, a unit which does not include a non-residential space other than a garage, a cellar or a chamber, including a related land, provided that the seller has been resident there immediately prior to the sale for less than 2 years and uses the means obtained to procure his own dwelling 'shall be deleted.
6. After Paragraph 4a, the following Section 4b is inserted:
Housing
(1) Housing requirement for income tax purposes means:
(a) construction of an apartment building, a family house, a unit which does not include a non-residential space other than a garage, a cellar or a chamber, and a change of construction;
(b) the acquisition of the land in consideration
1. provided that the construction of the housing needs referred to in point (a) starts on the land within 4 years of the date of acquisition; or
2. in connection with the acquisition of housing as referred to in (c);
(c) redemption of the acquisition
1. apartment house,
2. family home,
3. built-up building of an apartment house or family house,
4. units which do not include non-residential space other than a garage, cellar or chamber;
(d) repayment of the deposit to a legal person by its member in order to obtain the right to rent or otherwise use an apartment or family home;
(e) the maintenance and change of the construction of an apartment house, family house, rental or use apartment or a unit which does not include a non-residential space other than a garage, cellar or chamber;
(f) the settlement of the joint capital of spouses or the settlement of joint heirs where the settlement is the subject of the payment of a share linked to the acquisition of a unit which does not include a non-residential space other than a garage, cellar or chamber, a family house or an apartment,
(g) payment for the transfer of shares in a commercial corporation by its member in connection with the transfer of the right to rent or other use of the apartment;
(h) repayment of a loan or loan used by the taxpayer to finance the housing needs referred to in points (a) to (g), provided that the conditions for such housing needs are met.
(2) The exemption of income which is conditional on the payment of such income by means of the means obtained to procure own housing needs shall apply if the taxpayer notifies the tax authorities of the acquisition of such funds by the end of the deadline for filing the tax return for the tax period during which they were obtained.
(3) Where the taxpayer makes a notification to the tax administrator pursuant to paragraph 2, the condition for exemption of income consisting of the use of the funds obtained to procure its own housing needs shall be fulfilled where the taxpayer is a natural person's income tax payer.
(a) use such funds to procure own housing until the end of the tax period immediately following the tax period in which the taxpayer obtained the funds; or
(b) use the amount corresponding to the funds obtained to procure their own housing needs before they are acquired, but first during the tax period immediately preceding the tax period in which the taxpayer obtained those funds.
(4) If the condition for exemption of income consisting of the use of the funds obtained to procure the own housing needs is not met, that income shall be the income referred to in Paragraph 10 in the tax period immediately following the tax period in which the taxpayer received the funds.
(5) If, in the case of residential needs referred to in paragraph 1, they do not occur, they shall: (b) point (1) on the opening of construction, this income is the income referred to in Article 10 in the tax period in which the period for the start of construction has expired in vain; If the taxpayer has lost the land before the deadline for starting construction, this income shall be the income referred to in Section 10 in the tax period in which the taxpayer has lost the land. '.
7. In Paragraph 10 (5), the sentences are deleted.
8. In Article 15 (3), the second sentence is deleted and in the last sentence, the words "(a) to (h) 'are deleted.
9. In Paragraph 15 (4), "300 000 'is replaced by" 150 000'.
10. In Article 15 (4), "paragraph 3 'is replaced by" § 4b (1)', "the conclusion of a credit agreement 'is replaced by" acquisition of land' and "paragraph 3 (b) (1) 'is replaced by" § 4b (1) (a)'.
11. in Article 24 (2) (ch), the words "and the acquisition tax" and the words "even in the case of payment by the guarantor," shall be deleted; the words "paid" shall be replaced by the words "paid" and the word "not" shall be replaced by "not."
12. in Article 24 (2) (u), the words "the property acquisition tax paid by the other spouse on the sale of the immovable property which was in the joint capital of the spouses" shall be deleted;
13. in Article 38k (5) (e) (2), the words "Article 15 (3)" shall be deleted;
14. in Paragraph 38k (5) (e) (3), "300 000" is replaced by "150 000."
15. in § 38l (1) (c) to (g), "§ 15 (3)" is replaced by "§ 4b (1)."
16. in Article 38l (1) (d), the word "purchase" shall be replaced by "acquisition of property" and the words "conclusion of a loan agreement" shall be replaced by "acquisition of land."
Transitional provisions
1. For tax obligations on income tax for the tax period started before the date of entry into force of Article III and for rights and obligations related thereto, Act No 586 / 1992 Coll., as effective before the date of entry into force of Article III, shall apply.
2. If the acquisition of the real estate took place before the date of entry into force of Article III, the exemption provided for in Article 4 (1) (b) of Act No. 586 / 1992 Coll., as effective from the date of entry into force of Article III, shall apply to the income from the disposal of that real estate pursuant to Article 4 (1) (b) of the Act No. 586 / 1992 Coll., as effective before the date of entry into force of Article III.
3. Article 15 (3) and (4), Article 38k (5) (e) and Article 38l (1) (b) of Act No 586 / 1992 Coll., as effective before the date of entry into force of the Act No 586 / 1992 Coll., as effective before the date of entry into force of the Act No 586 / 1992 Coll.
4. For interest paid in the tax period on the loan from the building savings, on the mortgage loan granted by the bank and on the loan granted by the building savings bank or by the bank in connection with the loan from the building savings or with the mortgage loan spent on the repayment of the loan or the loan used by the taxpayer to finance the housing needs referred to in § 15 (3) (a) to (g) of Act No 586 / 1992 Coll., as effective before the date of entry into force of Article III, the provisions of Article 15 (3) and (4), § 38k (5) (e) and § 38l (1) (b) to (g) of Act No 586 / 1992 Coll.
5. The tax on the acquisition of real estate paid by the tax payer on the acquisition of real estate pursuant to the legal measure of Senate No. 340 / 2013 Coll., on the acquisition of real estate tax, as effective before the date of entry into force of this Act, and by the guarantor under the legal measure of the Senate No. 340 / 2013 Coll., as effective before 1 November 2016, shall apply § 10 (5) of the ninth and tenth sentences, § 24 (2) (ch) and § 24 (2) (u) of the Act No. 586 / 1992 Coll., as effective before the date of entry into force of Article III.
Amendment of the Act on the Financial Administration of the Czech Republic
In Article 11 (8) of Act No. 456 / 2011 Coll., on the Financial Administration of the Czech Republic, as amended by the statutory measure of the Senate No. 344 / 2013 Coll., the words "and taxes on the acquisition of real estate 'are deleted.
Transitional provision
Paragraph 11 (8) of Act No. 456 / 2011 Coll., as effective before the date of entry into force of this Act, applies to the administration of the property acquisition tax.
Amendment to the International Tax Administration Cooperation Act
In Article 1 (4) of Act No. 164 / 2013 Coll., on International Cooperation in Tax Administration and on the Amendment of Other Related Laws, as amended by Senate Legislative Measures No. 344 / 2013 Coll. and Act No. 188 / 2016 Coll., point (d) is deleted.
Points (e) to (i) shall be renumbered (d) to (h).
Transitional provision
Act 164 / 2013 Coll., as effective before the date of entry into force of this Act, shall apply to the acceptance and provision of international cooperation in the management of the acquisition tax on immovable property.
EFFECTIVE
This Law shall take effect on the day following that of its publication, with the exception of the provisions of Articles III and IV, which shall take effect on 1 January 2021.
Vondracek v. r.
Zeman v. r.
Babiš v. r.
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Regulation Information
| Citation | Act No. 386 / 2020 Coll., repealing Senate statutory measure No. 340 / 2013 Coll., on Real Estate Acquisition Tax, as amended, and amending and repealing other related legislation |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.09.2020 |
|---|---|
| Effective from | 26.09.2020 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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