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| May 4, 2021

Waiver of income tax relating to failure to meet the conditions for deduction for support of procurement of assets for vocational training

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On 27 April 2021, Financial Bulletin no. 20/2021 published the Decision on waiver of income tax on grounds of an extraordinary event caused by the spreading of the coronavirus, which relates to corporate and personal income tax corresponding to the tax obligation resulting from failure to meet the condition for the period of using assets for vocational training under article 34g paragraph 1 of act no. 586/1992 Coll. on income taxes, as amended.

The tax for the period from 1 April 2019 to 30 April 2021 will be waived in case of corporate income tax payers and for the taxable period of the years 2020 and 2021 in the case of personal income tax payers.

The waiver will only be used, if the taxpayer posts positive tax for the given period. The waiver depends on the additional fulfilment of the condition of the scope of use, so that this statutory condition would be met in a total of three taxable periods, and an announcement of the taxpayer that he is entitled to this waiver. The taxpayer is obliged to submit the announcement by the end of the deadline for submitting tax return for the period, for which the tax is to be waived. In case the deadline for such a taxable period has expired or will expire before 1 July 2021, it is necessary to submit the announcement to the tax administrator by 1 July 2021.

At the same time, an amendment of the income tax act is being prepared, which, for the periods, to which the waiver applies, stipulates the fiction of fulfilment of the condition for the use of assets for vocational education. The proposed amendment will also affect cases, which are not subject to the waiver, i.e. when the taxpayer does not post positive tax or he acquired the assets for the purposes of vocational education in a taxable period, to which the waiver does not apply, and was not able to use this deduction.