Decree No. 560 / 1990 Coll.
Decree of the Federal Ministry of Finance implementing the Turnover Tax Act
Valid
Effective from 01.01.1991
560
DECLARATION
Federal Ministry of Finance
of 14 December 1990
implementing the Turnover Tax Act
The Federal Ministry of Finance, pursuant to § 3 (3), § 6 and 7, § 12 (2), § 18 and 19 of Act No. 73 / 1952 Coll., on turnover tax, as amended by Act No. 107 / 1990 Coll., hereinafter referred to as "the Act ':
Who pays tax
(k § 2 of the Act)
The turnover tax ("tax ') is paid by the entities listed in Section 2 of the Act (" undertakings').
Subject matter
(to Article 3 of the Act)
(1) The sale of goods is a consideration for the disposal of goods and the exchange of goods for other goods or for the execution of goods, the provision of goods in kind and the import of commercial goods by an undertaking for entities not listed in Section 2 of the Act.
(2) The sale of goods for the purposes of this Order shall also be considered as:
(a) repair (maintenance) or other exercise under the conditions laid down by the Graphic Turnover Tax (hereinafter referred to as Graphic);
(b) goods of its own manufacture or own purchase (including performance) which it has incorporated into a product made of the material of the client;
(c) goods of own manufacture or own purchase, including performance incorporated in their case, where the price of such incorporated goods is borne by another body.
(3) The tax shall not be levied on the sale of goods which the undertaking has lawfully purchased at a tax price or on which the tax has been paid in the course of the internal use of the goods.
(4) God's own production means:
(a) products obtained by the undertaking by its own primary production (mining), processing, processing (also by the training of wine) or processing;
(b) products which an undertaking otherwise produces from its own materials at its premises or which it has obtained from its own materials elsewhere;
(c) residues resulting from the working, processing or other manufacturing of own materials;
(d) products already in use or worn, which are renewed by the undertaking, adapted or otherwise put into an improved state;
(e) products obtained by the undertaking by dividing the whole into individual components, such as disassembly of machinery, apparatus, other equipment, dismantling of a building or construction;
(f) products resulting from construction work.
(5) God's own purchase means products purchased at prices excluding tax.
(6) A tax shall be paid on the intra-company use of goods of own production or own purchase if the undertaking has used them for its own use for purposes for which it is not entitled to purchase such goods at prices exclusive of tax under the provisions of the Sazeželík or this Decree or under special arrangements.
(7) Similarly, as in-house use of goods, compensation for damage to undertakings due to loss of goods, exceeding the loss standard, manka, defects of goods, destruction, damage and theft shall be subject to tax. The tax shall not be levied if the staff member replaces the damage of the bastards.
(8) Only transfers between internal organisational units with different economic activities, establishments, offices (roads), establishments or other units of the same undertaking shall not be considered as in-house use of goods subject to taxation, unless they are a transfer to their own organisational units engaged in commercial activities.
(9) Donations made by an undertaking shall be treated in a similar manner to the intragroup use of goods subject to tax, regardless of the method of accounting for the donation. The intra-corporate use of goods subject to tax is not the case where the undertaking is obliged to deliver the goods free of charge.
(10) Before the company is removed from the company register, if its successor is not again the company, the company shall pay tax on the goods of its own production or own purchase which it has acquired at prices exclusive of tax.
Taxable turnover
(k § 4 of the Act)
(1) Goods are sold at tax prices, unless otherwise specified in the Gateway.
(2) The taxable turnover is:
(a) on the sale of the goods on the date on which the invoice or other proof of the sale or brokering of the commercial goods on importation was drawn up;
(b) for investments made under its own control on the date of completion of the internal document,
(c) in the case of articles of gradual consumption acquired under their own control on the date of transfer to storage or entry into use;
(d) in the case of damages, the date on which the claim for compensation was claimed for the pest;
(e) when the loss-making standard for alcohol, alcohol products, distillates, wines and other similar products (lucerne, medicines, etc.) is exceeded,
(f) in the internal use of the goods on the date on which consumption took place;
(g) when donating the date of the transfer of ownership to the donated item.
Determination of tax
(k § 6 of the Act)
The tax shall be fixed at the rates indicated in the Sazežnice, which forms an integral part of this decree.
Calculation of tax
(k § 6 of the Act)
(1) The tax is calculated:
(a) the percentage referred to in column 3 of the Ticket from the selling price; or
(b) a fixed amount per unit of goods.
(2) The sales price is the price including tax, any increases and reductions corresponding to quality, delivery and other conditions and, in the case of imports of duties.
(3) For the purposes of the tax, the selling price or the rate of tax applicable on the date on which the invoice or other sales document is accepted shall be decisive.
(4) The tax shall be calculated by the undertaking on invoices or their copies. However, if the undertaking has proper supporting documents for the calculation of the tax on invoices issued for a specific period, it shall not be obliged to calculate the tax on invoices or their copies. Correspondence, confirmation, statements of sale of goods or other compilation of individual types of invoiced goods shall be regarded as sound evidence, allowing the calculation of the tax on the total quantity of each type of invoiced during a given period. These documents must be linked to the accounts. The financial authority (1) may withdraw the authorisation if it finds that the documents kept on the holding do not allow for proper control and do not ensure proper payment of the tax.
(5) In accordance with the applicable rules on the introduction and use of a single system of socio-economic classifications and code lists, an undertaking is required to label products on invoices with numerical characters according to the relevant sectoral code lists.
Tax payment and maturity
(to Section 7 of the Act)
(1) The tax is payable:
(a) one amount per quarter;
(b) one amount per month; or
(c) back-up fixed amounts.
(2) One amount per quarter shall be paid by a company with a quarterly tax obligation of up to 100 000 CZK no later than 22 days after the end of the quarter. Quarterly tax liability means a quarter of the tax liability for the previous calendar year.
(3) One amount per month shall be paid by an undertaking with a monthly tax obligation of up to 200 000 Kčs (with the exception of the undertakings referred to in paragraph 2) no later than the 22nd day of the month for the preceding month. Monthly tax liability means the average of the actual monthly tax liability for the immediately preceding three calendar months. The company pays tax for a period of three months from its establishment, once a month, equivalent to the actual monthly tax liability.
(4) The advance fixed amounts of the tax are paid by the undertaking:
(a) twice a month for enterprises with an average monthly tax liability (paragraph 3) of more than 200 000, -Kčs up to 2 000 000, - Kčs,
(b) daily for enterprises with an average monthly tax liability (paragraph 3) above 2 000 000, - Kčs.
(5) The amount of the advance fixed amounts shall be determined by the financial authority, after consulting the undertaking, on an average basis over the previous three months, taking into account the time distribution of the taxable turnover.
(6) The repayment period starts on the 23rd day of the month for undertakings which pay advance fixed amounts daily (paragraph 4 (b)) and ends on the 22nd day of the following month.
(7) The undertaking which pays the tax by advance fixed amounts twice a month [paragraph 4 (a)] is obliged to pay the advance by the seventh day of the following month and to pay the tax by the 22nd day.
(8) The undertaking which pays tax by advance fixed amounts per day [paragraph 4 (b)] shall be obliged to pay the tax for the preceding month not later than the 22nd day of the following month.
(9) The undertaking shall settle separately, irrespective of the advance payments made, no later than 7 calendar days:
(a) the amount of tax indicated in the additional report on turnover tax from the date of its submission (surrender to the competent financial authority or transfer to the postal service);
(b) an additional tax, periodic penalty payments and an increase from the date of service of the decision.
(10) The balance of the outstanding amount recorded at the time of the annual accounts shall be settled by the undertaking by 31 January of the current year at the latest. The undertaking shall be obliged to settle the arrears until the last day of the month following the month in which the merger with another undertaking, division or cancellation took place.
Tax Report
(k § 8 of the Act)
(1) The undertaking is required to submit to the financial authority a report on turnover tax (hereinafter referred to as "the report") in duplicate on the prescribed form or on the processed computer technology, together with all the prescribed elements and arrangements identical to the prescribed form, by the 22nd day of each month for the month immediately preceding that.
(2) Undertakings subject to a quarterly tax obligation of up to 1 000 000 Kčs (Paragraph 6 (2)) shall report no later than 22 days after the end of each quarter.
(3) Negative reports are not submitted.
(4) If an undertaking finds in addition that the report submitted is incorrect or incomplete, it shall immediately submit to the financial authority an additional report in duplicate marked as an additional report indicating the period to which it relates. The additional report shall indicate only differences against the initial report.
(5) After the end of the calendar year, the undertaking shall submit to the financial authority, by 31 January at the latest, the annual accounts of the tax on the required form. It shall also submit the bill for part of the year if it has been merged with another undertaking during the year, broken down or cancelled. In such cases, the undertaking shall submit the bill by the last day of the month following the month in which the changes took place at the latest.
Notification obligation
(k § 9 of the Act)
The undertaking shall be obliged to notify the financial authority in writing within 15 days of its establishment, demolition, merger, newly affiliated or established plants, branches, establishments and other units, or of their delimitation, cessation or resettlement.
Correction of taxable turnover
(to Article 11 of the Act)
(1) The undertaking may make a correction of the taxable turnover in the report and apply a deduction of the tax relating to:
(a) to the selling price of the goods returned by the customer, where the supplier has not received payment for the goods or if the supplier has repaid them;
(b) to reduce the invoiced sales price,
(c) the selling price of the invoiced goods which has not been delivered, provided that the invoice has been cancelled or credit has been granted.
(2) The deduction may be applied at the latest in the six month report from the end of the calendar month (quarter) to which the report relates.
(3) After the time limit referred to in paragraph 2, but not later than the time limit laid down by the statute for limitation, the deduction may be applied in the following cases:
(a) if the payment for the goods or part of the payment has been repaid on the basis of an enforceable arbitrage or judgment (conciliation);
(b) where the invoiced sales price has been reduced on the basis of an enforceable arbitration or judicial decision (conciliation),
(c) in the case of a product returned on the basis of the guarantee conditions which were subject to taxable turnover and for which a credit was granted.
(4) Deductions shall be applied in the reporting for the calendar month (quarter) in which the credit, authorisation or decision was issued. If in the month (quarter) the tax is not sufficient to pay the deduction, the remaining amount shall be returned to the undertaking on its behalf.
(5) Undertakings may not apply a deduction if they are goods for which the tax value "tax-free 'is stated in the Sazedruhr, and yet it was purchased at a tax price.
(6) The supplier is obliged to correct the taxable turnover in the following cases:
(a) where he has incorrectly invoiced the goods at prices exclusive of tax against the provisions of the Sazeželík "with tax";
(b) where he has invoiced the goods at prices exclusive of tax on the basis of an incorrect declaration made by a non-taxable customer.
(7) The tax collector must correct the taxable turnover in the following cases:
(a) where he has unduly requested goods at prices exclusive of tax;
(b) where he has used products purchased at prices exclusive of tax for purposes for which he is obliged to purchase products at tax prices.
Penalties and tax increases
(to Section 14 of the Act)
(1) The periodic penalty payments for each day of delay are 0,1% of the amount of tax due. Penalties shall be prescribed by the financial authority:
(a) an undertaking which pays tax in one amount, unless it pays tax by the 22nd day of the following month (quarter);
(b) an undertaking which pays tax by advance fixed amounts if it fails to comply with the specified instalments or deadlines;
(c) an undertaking which pays tax by advance fixed amounts, unless it makes a difference in time between the sum of the advance payments and the tax obligations for the preceding month;
(d) an undertaking which fails to pay in due time the tax arrears found at the time of the annual bill;
(e) an undertaking which fails to pay an additional tax, the tax indicated in the additional report, the periodic penalty payments and the increase in the tax.
(2) The periodic penalty payments are calculated for each day of delay, starting from the day following the due date up to and including the date of payment.
(3) The total periodic penalty payments relating to all tax payments for a tax liability below 100, - Kčs, are not prescribed.
(4) The tax increase below 100 is not prescribed.
(5) The tax authority shall be entitled to decide on applications by undertakings in respect of the remission of periodic penalty payments and the increase in tax if they do not amount to more than 100 000, - CZK.
Transitional provision
(1) The tax is fixed under this Decree for the first time since 1 January 1991.
(2) The tax liability incurred before 1 January 1991 is treated in accordance with Decree No. 134 / 1990 Coll.
Repeal
Decree No. 134 / 1990 Coll., implementing the Turnover Tax Act, is hereby repealed.
Efficacy
This Decree shall take effect on 1 January 1991.
Minister:
Ing. Klaus CSc.
1) Act No. 531 / 1990 Coll., on Territorial Financial Authorities. Act SNR No. 115 / 1970 Coll., on Financial Administrations, as amended.
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Regulation Information
| Citation | Federal Ministry of Finance Decree No. 560 / 1990 Coll., implementing the Turnover Tax Act |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.12.1990 |
|---|---|
| Effective from | 01.01.1991 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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