LOCAL VAT MEASURES FOR FOREIGN COMPANIES IN CZECH REPUBLIC
Czech Republic had simplification measures applicable for call-off stock arrangements up to 31/12/2019. If conditions were met, foreign companies were not required to register for VAT purpose locally.
Since 01/01/2020, the European simplification regime for call-off stock arrangements ("2020 Quick Fixes") entered into force and is to be applied by all Member States. This implies that all other possible national arrangements regarding call-off stock arrangements are mute and, if they provide for divergent rules, should be viewed as not in line with EU Law.
Simplification measures applicable for call-off-stock arrangements in Czech Republic up to 31/12/2019 have been withdrawn and replaced by the new European simplification VAT regime in respect of call-off stock accordingly.
Triangulation can be applied when the middleman (B) is VAT registered for others supplies in the 3rd country (Member State of destination)?
Information available on request
Triangulation can be applied when the chain transaction involves four or even more parties?
Information available on request
Chain transactions refer to successive supplies of goods which are subject to a single intra-Community transport. The intra-Community movement of the goods should only be ascribed to one of the supplies, and only that supply should benefit from the VAT exemption provided for the intra-Community supplies. The other supplies in the chain should be taxed and may require the VAT identification of the supplier in the Member State of supply.
However, the divergent approach amongst Member States in the application of these exemptions for cross-border transactions has created difficulties and legal uncertainty for businesses.
Optional reverse charge (art. 194 of the VAT Directive)
Member States in which the VAT is due may provide that the person liable for the payment of VAT is the person to whom the goods or services are supplied where the transaction is carried out by a taxable person who is not established in the country in which the VAT is due.
Optional reverse charge for supply of goods?
Yes
A new general reverse charge mechanism has been introduced and is applicable to all domestic supplies of goods performed by a company which is not established nor VAT registered in Czech Republic and provided the customer is a VAT registered Czech taxpayer. Foreign companies currently VAT registered are therefore no longer required to be VAT registered and can start the VAT deregistration process within six month.
Optional reverse charge for supply of services
Yes
Reverse charge is applicable to all domestic supplies of services provided the customer is VAT registered [regardless established or not] in Czech Republic.
Optional reverse charge (art. 199c of the VAT Directive)
VAT Warehousing implemented in Czech Republic?
No
Czech Republic has not introduced VAT warehousing regime.
VAT Directive
Member States may exempt the importation of goods and the supply of goods which are intended to be placed under warehousing arrangements other than customs warehousing.
Is it possible for a company to pay the import VAT via the periodical VAT return?
Yes
Postponed accounting via the VAT return is automatically applied provided the importer is registered for VAT purposes in Czech Republic at the time of import.
VAT DIrective
Member States may provide that VAT on importation does not need to be paid at the time of importation on condition that it is entered as such in the VAT return to be submitted.
VAT OBLIGATIONS IN CZECH REPUBLIC
How is the tax period determined in Czech Republic?
Monthly/Quarterly
Your company has to report its VAT position by filing periodical VAT returns on a monthly basis [standard tax period]. Quarterly reporting period may be allowed provided the turnover in the previous calendar year did not exceed CZK 10 million. This option is however not possible for the first two years after registering for VAT.
When should periodical VAT return be filed?
Periodical VAT returns must be filed by electronic means [since 1/1/2014] to Czech VAT authorities before the 25th day of the month [25 of N+1] following the tax period [month/quarter] to which it relates.
VAT Directive
The tax period shall be set by each Member State at one month, two months or three months. Member States may, however, set different tax periods provided those ones do not exceed one year. The VAT return shall be submitted by a deadline to be determined by Member States. That deadline may not be more than two months after the end of each tax period.
Is this requirement laid down in the country and what is the filing deadline?
No
Your company is not required to file any summarizing annual VAT return in Czech Republic.
VAT Directive
Member State may require taxable persons to submit a return in respect to all transactions carried out in the preceding year. That return shall provide all the information necessary for any adjustments.
Are quarterly filings allowed by the country and what is the filing deadline?
The recapitulative statement [ESL] must be drawn up for each calendar month and must be submitted to local VAT authorities by the 25th of the month after the end of the reporting period [month]. Filing the statement on a quarterly basis is not possible.
VAT Directive
The recapitulative statement shall be drawn up for each calendar month. However, Member States, in accordance with the conditions and limits which they may lay down, may allow taxable persons to submit the recapitulative statement on each calendar quarter where the total quarterly amount of intra-EU supplies of goods does not exceed either in respect of the quarter concerned or of any of the previous four quarters the sum of € 50.000 or its equivalent in national currency. The recapitulative statement shall be submitted within a period not exceeding one month.
What is the payment deadline?
The VAT due should be paid by the filing deadline for the VAT return [25th of the month following the tax period].
Are interim payments required?
Interim payments are not required in Czech Republic.
VAT Directive
Any taxable person liable for the payment of the VAT must pay the net amount of the VAT when submitting the VAT return. Member States may, however, set a different date for payment of that amount. Member States may require interim payment to be made.
Is any VAT credit automatically carried forward or refunded?
There is no automatic carry-forward mechanism in Czech Republic. Refund is done immediately [generally within one month from the deadline for submission of the VAT return] provided that the amount exceeds CZK 100.
VAT Directive
Where, for a given tax period, the amount of deductions exceeds the amount of VAT due, the Member States may, in accordance with conditions which they shall determine, either make a refund or carry the excess forward to the following period. However, Member States may refuse to refund or carry forward if the amount of excess is insignificant.
VAT OVERVIEW IN CZECH REPUBLIC
What is the local name of the tax?
Dan z pridané hodnoty [DPH]
What is the structure of the VAT number?
Czech VAT numbers have 10 characters [CZ + 8 digits] for legal persons.
VAT Directive
Member States must apply a standard VAT rate [not lower than 15%] which must be the same for the supply of goods and for the supply of services. Member States may apply either one or two reduced rates [not lower than 5%] only to supplies of goods or services as listed in the Annex III of the VAT Directive.
VAT rates
Czech Republic applies a standard VAT rate of 21% and two reduced rates of 10% [since 01/01/2015] and 15%:
- VAT rate on catering services is reduced from 21% to 15% (since 01/01/2016)
- VAT rate of 10% is applicable to foodstuffs, medications for humans and books (since 01/01/2015)
CZK 1,140,000
see various thresholds applied in the EU
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