Act No. 73 / 1952 Coll.
Law on turnover tax
Valid
Effective from 01.01.1953
73.
Law
of 11 December 1952
on turnover tax.
The National Assembly of the Czechoslovak Republic decided on the following Act:
Turnover tax ("tax ') is an instrument for the division and redistribution of national income.
Tax payers
(1) The payers are:
(a) state undertakings, state economic organisations, associations with legal personality, public limited liability companies, commercial companies, state organisations of the Czechoslovak State Railways and specialised railway organisations, housing, consumer, production and other cooperatives, cooperative associations, the Central Council of Cooperatives, cooperative undertakings and single agricultural cooperatives, joint ventures, undertakings and economic facilities of social organisations;
(b) foreign trade undertakings, special-purpose foreign trade organisations, foreign trade associations, foreign equity undertakings;
(c) natural persons (entrepreneurs) registered in the company register;
(d) entities established abroad carrying out an economic activity in the territory of the Czechoslovak Federal Republic.
(2) The tax is also settled by some budgetary and other state-owned organisations and international organisations in the territory of the Czechoslovak Federal Republic, provided that this is provided for by the Federal Ministry of Finance in respect of entities within the competence of the Federation bodies and by the Ministry of Finance, Prices and Wages of the Czech Republic and by the Ministry of Finance, Prices and Wages of the Slovak Republic, if it is for other entities.
(3) Where the term "undertaking" is used, it is understood to mean the bodies referred to in paragraphs 1 and 2.
Subject matter
(1) Dani is subject to turnover from the sale of goods of its own production or own purchase and goods of import (the goods). the turnover of the same goods shall be taxed only once.
(2) Where the undertaking supplies goods to its own retail outlets, the sale of the goods is deemed to be the transfer to such stores.
(3) Dani is subject to the internal use of goods, provided that the Minister of Finance so provides and determines the goods covered by the measure.
(4) Turnover from the sale of goods abroad is not subject to tax.
(5) Imports of non-commercial goods are not subject to tax. it is subject to the rules on the circle.
A taxable turnover.
(1) The taxable turnover is the selling price of the goods.
(2) The sale price of goods carried out in the territory of the Czechoslovak Federal Republic in foreign currency is also a taxable turn.
(3) The taxable turnover shall be incurred by drawing up the invoice and, if the invoice has not been drawn up, by drawing up another sales document, in the case of intragroup use of the goods.
Determination of tax
The Federal Ministry of Finance sets out the method for calculating the tax in the Implementing Decree and the rates in the Sazeželna.
Payment and maturity of tax.
The company is obliged to calculate the tax itself. The Ministry of Finance shall determine the periods and periods within which the tax shall be paid.
Tax reports and appeals.
(1) The undertaking is obliged to submit a report on turnover tax (hereinafter referred to as the "Financial Authority") on the required form within the time limits laid down by the Implementing Decree. The undertaking shall provide explanations, corrections or additions to the report at the request of the financial authority.
(2) The financial authority shall examine the report and, if the tax calculated by it pursuant to the report deviates, inform the undertaking of the difference.
(3) If the undertaking finds, in addition, that the tax report submitted to the financial authority is incorrect or incomplete, it shall notify the financial authority without delay, indicating at the same time what is relevant for the incompleteness or incompleteness. If there is a correction of the report resulting in a tax reduction, the undertaking may correct the report no later than six months after the end of the calendar month (quarter) to which the report relates.
(4) The undertaking shall submit by 31 January at the latest after the end of the calendar year of the tax bill to the competent financial authority on the prescribed form, indicating the tax liability and the tax payments. The financial authority shall examine the accounts and, in the event of non-compliance, notify the undertaking within 30 days of the date on which the accounts are submitted of the differences between the accounts of the undertaking and the accounts of the financial authority.
Registration and notification obligation.
(1) Undertakings are required to register with local competent financial authorities according to their registered office. For tax purposes, the tax authority shall keep a register of undertakings indicating the relevant facts and context.
(2) The undertaking shall notify the financial authority in writing of the start of business within 15 days of the start of the business. It shall also notify, within 15 days, changes, termination, cessation or resettlement.
Use of accounts
The accounting data also serves tax purposes.
Correction of taxable turnover.
An amount corresponding to the selling price of the goods returned by the customer shall be excluded from taxable turnover if the supplier has not received payment for the goods or payments received by them returned to the customer.
Jurisdiction
(1) Local jurisdiction shall be governed by the place where the head office of the holding is situated.
(2) The Minister of Finance may provide otherwise for jurisdiction on a case-by-case basis.
Tax control. Synergy.
(1) Undertakings shall be subject to control by the financial authorities, the purpose of which is to verify the timeliness, accuracy and completeness of the tax and reporting directly within the undertaking.
(2) The authorities and public administrations, undertakings, organisations, institutions and citizens are required to supply the correct, true and timely data and reports required by the tax authorities for tax purposes.
Penalties and tax increases
(1) If the tax due has not been paid on time (Section 7), the undertaking will pay a penalty payment of 0,1% of the amount due for each day of delay.
(2) If the report was not timely (§ 8), the tax may be increased by up to 1%.
(3) If the financial authority finds that the report was incorrect or incomplete, it shall be entitled to increase the reduced tax by 20%. If an undertaking finds that it is incorrect or incomplete and submits additional reports, the tax authority shall be entitled to increase the reduced tax by 10%.
Tax enforcement
If the undertaking does not pay the tax within the deadline, the financial authority shall send the competent bank or savings bank a recovery order and inform the undertaking at the same time. This order shall be carried out preferably by the bank or the savings bank.
Silence.
(1) A tax may not be required if it has elapsed three years after the end of the calendar year in which the taxable amount of turnover arose.
(2) Where an act is carried out to establish or recover the tax, the limitation period shall run again from the end of the calendar year in which the undertaking was informed of that act.
Special ways of collecting tax.
In the case of goods subject to punk duty, the tax shall be levied on punctuation unless the Minister of Finance provides otherwise and determines the goods covered by his measure; the tax levied on punctuation shall be subject to the provisions on punctuation.
Top management and surveillance.
The Ministry of Finance is responsible for the highest management, supervision and issue of directives of a fundamental nature.
Power.
(1) The Minister of Finance is hereby authorised to:
(a) issue regulations to implement the law;
(b) otherwise adjust taxation in cases where this is required by the successful performance of the national national economic plan or other important interests or by a more economical way of implementing this law.
(2) The Ministry of Finance is hereby authorised to adjust the procedure concerning the tax.
Final provisions.
Act No. 283 / 1948 Coll., on General Tax, as amended by Act No. 263 / 1949 Coll. is repealed.
The effectiveness of the law.
This Act shall take effect on 1 January 1953; it shall be implemented by the Finance Minister in agreement with the participating members of the Government.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Cable v. r.
1) Act No. 111 / 1990 Coll., on State Enterprise. Economic Code No. 109 / 1964 Coll., as amended. Act No. 104 / 1990 Coll., on Equity Companies. Act No. 68 / 1989 Coll., on the organisation of Czechoslovak State Railways. Act No. 94 / 1988 Coll., on housing, consumption and production cooperatives. Act No. 90 / 1988 Coll., on Agricultural Cooperatives. Act No. 42 / 1980 Coll., on Economic Relations with Foreign Affairs, as amended. Act No. 173 / 1988 Coll., on an enterprise with foreign equity participation, as amended. Act No. 105 / 1990 Coll., on the Private Business of Citizens.
2) Act of the Czech National Council No. 33 / 1970 Coll., on Financial Administrations. Act of the Slovak National Council No. 115 / 1970 Coll., on Financial Administrations.
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Regulation Information
| Citation | Act No. 73 / 1952 Coll., on turnover tax |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.12.1952 |
|---|---|
| Effective from | 01.01.1953 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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