AMENDMENT TO THE ACT ON TAX ADMINISTRATION

(Act No. 114/2003 Coll., amending and supplementing the Act No. 511/1992 Coll. on Taxes and Fees Administration and on changes in the system of financial authorities, as amended)

The latest amendment to the Act on Tax Administration introduces provisions limiting the duration of tax controls at the offices of tax entities. The tax administrator is obliged to terminate the control within six months from its commencement. In a complicated case, the superior authority of the tax administrator may prolong the tax control by six months; however, the decision thereon must be issued prior to the expiry of the original period. The tax administrator is also obliged to notify the tax entity being controlled in writing of prolongation of the control and to state reasons therefor.

The amendment has also repealed the provisions on estimate of tax liability. The duty to file an estimate of tax liability by the end of a calendar year was introduced as from 1 January 2003 and applied to the so-called selected tax entities (determined by the Act No. 150/2001 Coll. on Tax Authorities) and other entities determined by the tax administrator.

The repealing of Section 40 of the Act, which regulated the duty to file a property return, is a significant change. Individuals owning immovable or movable property, value of whichever exceeding SKK 1.500.000, were up to now obliged to file a return at three-year intervals.

Following this change, the duty of state officials to declare their financial status pursuant to the Constitutional Act No. 119/1995 Coll. on Avoidance of Conflict of Interests in Performance of Functions of Members of Parliament and Higher State Officials, the duty of judges to declare their financial status by a property return pursuant to Section 32 of the Act No. 385/2000 Coll. on Judges and Associate Judges, as well as the duty of state servants to declare their financial status pursuant to Section 54 of the Act No. 312/2001 Coll. on State Service, remain valid and effective.

This Act came into effect on 1 May 2003.

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