Decree of the Ministry of Finance No. 86 / 1968 Coll.
Decree of the Ministry of Finance on pooling funds of socialist organisations
Valid
Effective from 28.06.1968
86
DECLARATION
Ministry of Finance
of 13 June 1968
on pooling the funds of socialist organisations
According to Section 391 (2) of the Economic Code No. 109 / 1964 Coll., § 11 (2) of Act No. 83 / 1958 Coll., on the modification of the financial planning and financial management of national enterprises and other economic organisations of the State Socialist Sector, § 20 (1) (a) of Act No. 8 / 1959 Coll., laying down the basic rules on the State Budget and on the management of budgetary resources, and implementing the provisions of Section 86 (3) of Decree No. 100 / 1966 Coll., on the planned management of the national economy:
The combined funds are used exclusively for the purpose for which they were provided under the contract for the pool of funds *) (hereinafter referred to as "the contract ').
The provisions on the pooling of national assets for the purpose of building common facilities *) apply mutatis mutandis to the pooling of national assets for the purpose of joint operation or joint activities carried out under the contract.
1. If the tangible national assets transferred free of charge by the State Socialist organisation into business under the contract become the property of a cooperative or social organisation, the State Socialist organisation shall reserve in the contract a share in the proceeds of the combined assets, e.g. by a share in the profits of the activity carried out under the contract, or by any other compensation for the use of the property.
2. In the event of liquidation of a cooperative or social organisation to which the national assets referred to in paragraph 1 have been transferred, in the event of the disappearance of the pool of funds or in the event of termination of the participation in the pool of funds, the State Socialist organisation shall exclude the free transfer of the transferred tangible national assets, or payment of the purchase price of the transferred funds after deduction of the use of the funds, and the price of the other imported assets in accordance with the applicable price regulations.
Resources of remuneration
1. In order to provide a contribution or loan, the economic organisation shall use free own resources from the reserve fund or from the building fund or credit. In addition, economic organisations may use the funds of the cultural and social needs fund within the framework defined by the relevant provisions for the purposes of pooling. * * *)
2. For pooling, subsidies or subsidies from the State budget may be used only if they have been established for that purpose or with the agreement of the authority which provided them.
3. The budgetary and contribution organisation shall use the resources allocated to it by its budget or its additional resources to the extent defined by the relevant provisions. †) Unused combined appropriations of budgetary and contribution organisations entrusted with carrying out the activity under the contract and deposited in a special account shall not be forfeited at the end of the year.
4. The resources transferred from all other organisations represent income not included in gross income formation or profit for the receiving economic organisation, if they are not related to the cost of joint activities; where this appropriation is intended to be used for investment construction, it shall be transferred to the construction fund, otherwise it shall form an operational fund for joint action.
5. If the contract provides for the payment of part of the increased contribution from stocks or the stabilisation levy or operating expenses or the contribution to the loss to the joint operator, the contributing economic organisation shall, on the basis of its bill, pay the relevant share of the free own resources (paragraph 1) or of the credit or expense account, as applicable. *)
Transfers of appropriations
1. The transfers * *) of funds to cover shares or joint construction contributions shall be treated as follows:
(a) if the investor is a State economic or cooperative organisation or a contribution organisation, the other associated organisations shall transfer their shares and contributions to joint investment construction to the investor's source investment account under the terms of the contract; resources will be recorded and reported separately with the investor,
(b) where the investor provided for by a contract is a central managed budgetary organisation, the shares and contributions from other organisations shall be transferred to its separate separate specific account of funds intended to finance investments under the terms of the contract. For national committees and budgetary organisations managed by them, the appropriations shall be transferred to the management of the national committee.
2. The investor shall include the shares and contributions to the joint investment construction to be received under the contract in the planned resources; * * *) the contributing organisation shall indicate its share or contribution in the other financial need for investment construction.
Remuneration of organisations in pooling funds for the joint operation of equipment or for other joint activities
1. In the pooling of funds for the construction and joint use of newly acquired facilities or the joint use of existing facilities, the contributions † shall be carried out as follows:
(a) where equipment acquired under a contract in which each of the participating organisations carries out its activities separately, each organisation shall carry out, in accordance with the applicable rules, all payments, except for the contribution from the basic funds (paragraph (b)) and the payment from the depreciation of the basic funds (paragraph (c)) separately;
(b) the contribution from the basic funds shall be carried out by the organisation responsible for managing the basic funds. The amount of this levy shall be calculated on the basis of the shares of each organisation in the common basic resources and the rates applicable to their activities. The participating organisations shall reimburse the sums due to them by the managers of the common basic funds. Where the organisation concerned is not obliged to carry out the levy by basic means, the share of the common basic resources shall be exempt from the levy,
(c) the contribution from the depreciation of basic funds transferred under the contract to joint operation or to joint operation and acquired before 1.1.1967 shall be made by the organisation which had the basic funds under management on 31.12.1966, unless another organisation is bound to this obligation. †) The contract may specify whether and how much will be reimbursed by other organisations to that organisation. If, on termination or termination of the activity covered by the contract, the basic funds acquired before 1.1.1967 and their transfer free of charge to the original administrator, if the contribution from the depreciation of the basic funds was made by another organisation under the contract, the obligation to pay them back to the original administrator shall be transferred only if the contract so provides.
2. In the case of a transfer free of charge of basic funds acquired before 1.1.1967 from an organisation which does not carry out depreciation or from an organisation which is not obliged to make a contribution from the depreciation of basic funds to an organisation subject to the payment obligation of depreciation, that organisation shall not be obliged to make a contribution from the depreciation of basic funds. This obligation shall not arise even when the basic funds are transferred back free of charge on termination or termination of the activity carried out under the contract to the original basic funds manager.
3. The depreciation of the basic funds acquired after 1.1.1967 in part or in full from contributions made by the Administration of State tangible reserves shall be made by the administrator of the basic funds to the State budget by means of the Administration of State tangible reserves, calculated on a basis equal to the contribution granted.
1. Where, in an activity carried out by an organisation designated by a joint operation contract (hereinafter referred to as "the operator '), all participating organisations shall be subject to the same levy rates, all contributions shall be made by the operator in accordance with the rules applicable to it. *)
2. In an activity carried out by an operator under a contract with organisations for which different rates of levies apply, the provisions of paragraph 1 shall apply with the following derogations:
(a) gross income or profit payment * *) shall be made by the operator at an amount calculated on the basis of the shares of the resources invested by each organisation and the rates applicable to them;
(b) the contribution from the basic resources shall be made by analogy with the provisions of Paragraph 6 (1) (b); However, the provisions of the third sentence do not apply here,
(c) the contribution from the depreciation of basic funds shall be made by analogy in accordance with the provisions of Sections 6 (1) (c) and 6 (2).
1. The shares in the profit or loss of the activity carried out under the contract, broken down between the participating organisations after the payments have been made to the operator, shall not be subject to any additional contribution from the beneficiary. * * *) This proportion is used by the budgetary organisation as an additional source of the budget and may transfer the unused amount to the incentive fund; The contribution organisation shall also proceed mutatis mutandis.
2. Where the operator of an activity carried out under a contract is a budgetary or contribution or social organisation, the shares in the economic result of that activity, divided among the participating economic organisations, shall be included in the basis for determining the levy (tax) applied under the rules applicable to them.
Fees for pooling funds in agricultural organisations
In the case of the contribution of funds from non-agricultural organisations to agricultural organisations for the purpose of carrying out an activity of a non-agricultural nature, they shall make payments and pay taxes on the whole activity of the agricultural organisation in accordance with the rules applicable to them. In such cases, the shares in the economic result of the agricultural organisation's activities under the contract with the participating state non-agricultural organisations †) shall be included in the basis for determining gross income or profit in the state budget (in the budget of the managing national committee, branch). † †)
Provisions common and final
This decree is without prejudice to specific provisions governing the pooling of funds in certain sectors. † † †
The Ministry of Finance may allow exemptions from the provisions of Sections 3, 5, 7 and 8 of this Decree.
This decree shall take effect on the day of its publication.
First Deputy Minister:
Lér CSc.
*) Pursuant to § 352 of Economic Code No. 109 / 1964 Coll. and § 85 of Government Decree No. 100 / 1966 Coll., on the planned management of the national economy.
* *) § 4, § 12 (3) (f) and § 15 (4) of Decree No. 104 / 1966 Coll., on the Administration of National Property. Tangible assets transferred under the contract to cooperative or social organisations shall be managed in accordance with the rules applicable to them.
* * *) Decree No. 48 / 1967 Coll., on a fund of cultural and social needs and financing of certain activities of state economic organisations.
†) Decree No. 2 / 1967 Coll., on Incentive Funds and the Financing of Certain Expenditure in Budget and Contributory Organisations, Decree No. 100 / 1966 Coll., § 79 etc.
*) For example Decree No. 48 / 1967 Coll., Government Decree No. 100 / 1966 Coll., § 79, Directive on the Single Accounting Schedule in the National Economy (Bulletin of the Central Commission of People's Control and Statistics amount 13-14 / 1966), Decree No. 2 / 1967 Coll.
* *) Budget organisations proceed with transfers of funds according to the instructions of the Ministry of Finance no. 110 / 28 433 / 1967 (Annex to order number 113 in the report of the State Bank of Czechoslovakia, amount 24 of 14.8.1967).
* * *) The funds transferred during the year from contributing organisations can only be used by the investor to finance joint construction that was not included in the plan and budget in accordance with the rules for implementation plans and budget. At present, it is a matter of adapting the management to the binding limits of the plan and budget, the rules on the selection procedure etc. For the national committees No 21 / 1967 Ústí v Council, Article 45 (2). See also Government Order No. 100 / 1966 Coll., State Planning Commission Directive No. 172 197 / 1967 of 5.6.1967, sent to the Czechoslovak State Bank, etc.
†) If they carry out activities under the contract of a cooperative organisation, the provisions of Act No. 113 / 1966 Coll., on pension tax for cooperatives and other organisations apply to them.
† †) See § 26 (4) of Decree-Law No 100 / 1966 Coll.
*) Government Decree No. 100 / 1966 Coll. If the operator is a cooperative organisation, the provisions of Act No. 113 / 1966 Coll.
* *) § 23 Government Decree No. 100 / 1966 Coll.
See, however, the exemption from § 9. Taxation with cooperative organisations is governed by Act No. 113 / 1966 Coll.
†) All organisations except those referred to in § 46 (a) and (d) of Decree-Law No 100 / 1966 Coll.
† †) If the organisation associates its resources with the agricultural organisation for carrying out the agricultural activity, the contributions from the activity carried out under the contract shall be made by the agricultural organisation which provides it, in accordance with the applicable rules.
† † †) e.g. Act No. 11 / 1955 Coll., as amended by Act No. 12 / 1959 Coll., on Water Management, § 32 (a); Government Decree No. 14 / 1959 Coll., implementing the Water Management Act, § 46; Act No. 49 / 1959 Coll., on Uniform Agricultural Cooperatives, Part 7; the method for the creation and use of sectoral funds in the mining sector.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree of the Ministry of Finance No. 86 / 1968 Coll., on pooling funds of socialist organizations |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.06.1968 |
|---|---|
| Effective from | 28.06.1968 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0