Act No. 74 / 2012 Coll.
Act amending Act No. 95 / 1999 Coll., on the Conditions for the Transfer of Agricultural and Forestry Land from State Property to Other Persons and amending Act No. 569 / 1991 Coll., on the Land Fund of the Czech Republic, as amended, and Act No. 357 / 1992 Coll., on the Income Tax, Donation Tax and Real Estate Transfer Tax, as amended, as amended, and Act No. 569 / 1991 Coll., on the Land Fund of the Czech Republic, as amended
Valid
Effective from 01.04.2012
74
THE LAW
of 7 February 2012
amending Act No. 95 / 1999 Coll., on the Conditions for the Transfer of Agricultural and Forestry Land from State Property to Other Persons and amending Act No. 569 / 1991 Coll., on the Land Fund of the Czech Republic, as amended, and Act No. 357 / 1992 Coll., on the Income Tax, Donation Tax and Real Estate Transfer Tax, as amended, 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:
Act No. 95 / 1999 Coll., on the terms of the transfer of agricultural and forestry land from state ownership to other persons and amending Act No. 569 / 1991 Coll., on the Land Fund of the Czech Republic, as amended, and Act No. 357 / 1992 Coll., on the tax on inheritance, tax on donation and property transfer tax, as amended, as amended, Act No. 253 / 2001 Coll., Act No. 253 / 2003 Coll., Act No. 354 / 2004 Coll., Act No. 94 / 2005 Coll., Act No. 179 / 2005 Coll., Act No. 342 / 2005 Coll., Act No. 178 / 2006 Coll., Act No. 186 / 2006 Coll., Act No. 118 / 2008 Coll., Act No. 458 / 2011 Coll., is amended as follows:
1. in Article 4 (1) (a), including footnotes 18a and 18b:
"(a) a natural person who is a citizen
1. Czech Republic 18),
2. another Member State of the European Union18a),
3. the State Party to the Agreement on the European Economic Area, or
4. Swiss Confederation18b),
18a) Treaty on the Functioning of the European Union.
(18b) Agreement on the free movement of persons between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part. '
footnote 18c is deleted.
2. The heading of Section 7 reads:
"Transfers to beneficiaries, agricultural entrepreneurs, business associates, cooperative members and owners of agricultural land '.
3. in Article 7 (1) (b), the words "self-governing farmers 22)," shall be replaced by "natural persons who are agricultural entrepreneurs 22) and which."
Footnote 22:
"22) Act No. 252 / 1997 Coll., on Agriculture, as amended."
4. In Article 7 (1) (c), the words "with an area of at least 10 ha 'shall be inserted after the words" on land'.
5. In Paragraph 7 (1), at the end of the text in point (d), the words "and which are demonstrably operating agricultural production in the Czech Republic for at least 36 months on land of at least 10 ha 'shall be added.
6. Paragraph 7 (5) reads as follows:
"(5) Challenge referred to in paragraph 4 The Land Fund shall not do so where, among persons who have applied for the purchase of an agricultural parcel, the beneficiary is the person whose entitlement to the transfer is due to the loss of land and the financial value of the claim represents at least 50% of the minimum price of the land for sale (hereinafter referred to as" the beneficiary with priority '), or the person who has leased the land from the Land Fund on the date of the sale and for the 36 months prior to the sale, he has been a permanent tenant or tenant of the land. Within the requested period of 36 months, the period during which the lessee or the lessee of the land was the legal predecessor of the current lessee shall be included. Such persons shall have a preferential right of sale before the other persons referred to in paragraph 1, in such a way that, in the first place in the order of priority, the beneficiary shall be the beneficiary and, second, the lessee shall apply that right in the application referred to in paragraph 3.';
7. In Article 7, the following paragraph 9 is inserted after paragraph 8:
"(9) The transferee of agricultural parcels may transfer such parcels to a legal person of which he is a member or member and who carries on an agricultural activity on those parcels. The transfer shall also transfer all other rights and obligations of the transferor to the new acquirer to the land in question. In the case of this transfer, the Land Fund shall not apply the pre-purchase right under Paragraph 10. '
Paragraphs 9 to 12 shall be renumbered paragraphs 10 to 13.
8. In Paragraph 8 (3), "paragraph 12 'is replaced by" paragraph 13';
9. In the first sentence of Paragraph 9 (6), the word "interest-free 'is replaced by" interest calculated in accordance with European Union39'.
Footnote 39 reads:
"(39) Communication from the Commission on the revision of the method for setting the reference and discount rates (2008 / C 14 / 02)."
10.Paragraph 9 (8) reads as follows:
"(8) For the purchase price, the Land Fund shall include all claims which the buyer has against it under the Land Act and which the Land Fund considers undisputed. '
11. In Article 17, at the end of paragraph 1, the sentence "For the transfer of forest land in recognised farm farms, the restrictions referred to above shall not apply to distances and areas from the national forest complex. Forest land in these recognised farms may be transferred to other owners of land in those recognised farms, up to a total area of 10 ha. '
12. In Paragraph 17 (2), the words "less than one half 'are replaced by the words" at most one half'.
Amendment of the Land Fund Act of the Czech Republic
In Article 15a (2) of Act No. 569 / 1991 Coll., on the Land Fund of the Czech Republic, as amended by Act No. 119 / 2008 Coll., the word "interest free 'is replaced by" with interest calculated in accordance with the European Union6 Regulation'.
footnote 6:
"(6) Communication from the Commission on the revision of the method for setting reference and discount rates (2008 / C 14 / 02)."
Efficacy
That law shall take effect on the first day of the calendar month following its publication.
Germany
Klaus v. r.
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Regulation Information
| Citation | Act No. 74 / 2012 Coll., amending Act No. 95 / 1999 Coll., on the Conditions for the Transfer of Agricultural and Forestry Land from State Property to Other Persons and amending Act No. 569 / 1991 Coll., on the Land Fund of the Czech Republic, as amended, and Act No. 357 / 1992 Coll., on the Income Tax, Donation Tax and Real Estate Transfer Tax, as amended, and Act No. 569 / 1991 Coll., as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.03.2012 |
|---|---|
| Effective from | 01.04.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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