Global

Details

  • Service: Tax, International Executive Services
  • Type: Regulatory update, Survey report
  • Date: 1/4/2014

Income Tax 

Taxation of international executives
Tax returns and compliance
Tax rates
Residence rules
Termination of residence
Economic employer approach
Types of taxable compensation
Tax-exempt income
Expatriate concessions
Salary earned from working abroad
Taxation of investment income and capital gains
Additional capital gains tax (CGT) issues and exceptions
General deductions from income
Tax reimbursement methods
Calculation of estimates/prepayments/withholding
Relief for foreign taxes
General tax credits
Sample tax calculation


All income tax information is summarized by KPMG Ceska republika, s.r.o., the Czech Republic member firm of KPMG International, based on the Income Taxes Act No. 586/1992 Coll. as subsequently amended.


Tax returns and compliance

When are tax returns due? That is, what is the tax return due date?


The tax return has to be submitted by 1 April of the following year, or 1 July if the return is prepared and submitted by a certified tax adviser or by a solicitor. In the latter case, a power of attorney in respect of the tax adviser must be submitted to the tax authority by 1 April upon which the deadline for submission of the tax return is automatically prolonged by three months (to 1 July).


In special cases the tax authority can postpone the date for submission of the tax return by up to three months at a written request of the taxpayer or his/her tax adviser (even if the deadline was already once prolonged due to filed power of attorney). The request needs to be filed before the respective deadline.


What is the tax year-end?


31 December.


What are the compliance requirements for tax returns in the Czech Republic?


Residents


Generally, Czech tax residents are liable to declare and pay tax in the Czech Republic on their worldwide income, that is employment income, income from self-employment, rental income, investment income and capital gains, and other taxable income.


The deadlines for final tax payments are the same as for the tax return. The tax payment is transferred to the appropriate account of the tax authority under a unique tax identification number of the individual. In the case of foreigners, the tax identification number is generated by the tax authority upon registration.


Non-residents


Individuals who are Czech non-resident for tax purposes are subject to tax only on income from Czech sources.


back to top

Tax rates

What are the current income tax rates for residents and non-residents in the Czech Republic?


Residents


There is a flat rate of 15 percent applicable on a super-gross salary (gross salary increased by 34 percent of employer part of Czech obligatory social security and health insurance contributions) This is either hypothetical (if the employee is not subject to the Czech social security scheme) or actually paid if the individual is subject to the Czech social security scheme.


From 1 January 2013, in addition to standard 15% flat rate, a 7% solidarity tax increase is imposed on annual gross income (sum of gross employment income and taxable self-employment income) exceeding CZK 1,245,216 (amount applicable for 2014). In the case of employees on Czech payroll, the solidarity tax increase is applied monthly on income exceeding 1/12 of the above annual threshold as an advance payment.


Other income except for employment and self-employment income is taxed at 15 percent.


Non-residents


The same as for Czech tax residents.


back to top

Residence rules

For the purposes of taxation, how is an individual defined as a resident of the Czech Republic?


An individual will be considered Czech resident for tax purposes with worldwide income tax liability if:


  • his/her permanent residence (permanent abode) is in the Czech Republic or
  • he/she resides usually in the Czech Republic.

Individuals who reside usually in the Czech Republic are understood to be persons who stay in the Czech Republic for at least 183 days in a given calendar year, either continuously or intermittently.


Is there, a de minimus number of days rule when it comes to residency start and end date? For example, a taxpayer can’t come back to the host country for more than 10 days after their assignment is over and they repatriate.


Not applicable.


What if the assignee enters the country before their assignment begins?


If the individual enters the country before the assignment, the days spent in the Czech Republic are to be counted in the 183-day period for the purposes of determining the individual’s residence.


back to top

Termination of residence

Are there any tax compliance requirements when leaving the Czech Republic?


The tax authority shall be advised once foreign individual terminates his/her work activities and stay in the Czech Republic and thereby cancel his/her tax registration. The taxpayer has to file his/her annual income tax return for the year concerned including the income earned up to the termination of the residence. The tax return is to be filed within the standard statutory deadlines for filing.


What if the assignee comes back for a trip after residency has terminated?


Assuming that the individual comes back for a private trip after the residence was terminated, the entry does not have any personal income tax consequences.


Communication between immigration and taxation authorities


Do the Immigration authorities in the Czech Republic provide information to the local taxation authorities regarding when a person enters or leaves the Czech Republic?


Yes, the communication between both authorities is established and the tax authorities can contact the immigration authorities to obtain such information.


Filing requirements


Will an assignee have a filing requirement in the host country after they leave the country and repatriate?


The taxpayer also has to file his/her annual income tax return for the year in which the assignee leaves the Czech Republic, provided that in the year concerned, he/she performed activities in the Czech Republic and is not protected by applicable double tax treaty. The tax return is to be filed within the statutory deadlines for filing.


In the years following the year of leaving the Czech Republic, the assignee generally does not have any filing requirements.


However, please note that if the assignee received Czech-source income such as a bonus for the work carried out in the Czech Republic; or if he/she was granted with equity compensation such as stock options and worked in the Czech Republic between the moment of grant and vest/exercise, he/she may be liable to declare and pay tax on the proportionate part of the income from equity compensation/stock options in the year of option vest/exercise in the Czech Republic.


back to top

Economic employer approach1

Do the taxation authorities in the Czech Republic adopt the economic employer approach to interpreting Article 15 of the OECD treaty? If no, are the taxation authorities in the Czech Republic considering the adoption of this interpretation of economic employer in the future?


Generally, the Czech Republic authorities adopt the economic employer approach to interpreting Article 15 of the OECD treaty. Providing that the salary of the assignee is recharged by the foreign employer to the Czech company, such seconded employee will be taxable in the Czech Republic. That is, condition that the remuneration is paid on behalf of the employer who is not a resident of the Czech Republic is not met (usually Article 15 (2)b) of the double tax treaties). This approach (economic employer concept) also follows from the Czech tax legislation.


De minimus number of days2


Are there a de minimus number of days before the local taxation authorities will apply the economic employer approach? If yes, what is the de minimus number of days?


Not applicable.


back to top

Types of taxable compensation

What categories are subject to income tax in general situations?


As a rule, it can be stated that all types of remuneration and benefits received by an employee for services rendered constitute taxable income regardless of where paid. Typical items of an expatriate compensation package that will be considered fully taxable are as follows:


  • base salary
  • school tuition reimbursement (cash consideration)
  • foreign location allowances
  • housing allowance (cash consideration)
  • housing provided by employer (rental contract is concluded between the employer and the landlord; employer pays rent directly to a landlord): fully taxable in case of a Czech tax resident; for Czech non-residents, housing provided by employer is exempt up to CZK3,500 per month
  • reimbursement of foreign and/or home country taxes
  • home leave
  • company car provided by an employer for business and private purposes, 1 percent of the acquisition cost of the car (including VAT) per each month of usage is considered taxable benefit of the employee
  • cash allowances of any kind
  • expenses during business trips reimbursed by an employer (travel reimbursements) exceeding limits stipulated by Czech Labor Code.

back to top

Tax-exempt income

Are there any areas of income that are exempt from taxation in the Czech Republic? If so, please provide a general definition of these areas.


The Czech tax legislation defines certain tax-exempt considerations, such as some employees’ benefits-in-kind provided in non-cash form by an employer as possibilities to use health care, sport, cultural, or educational facilities. Such considerations have to be provided from the employer's tax non-deductible costs.


Non-resident employees performing work for their parent company (employer) registered abroad can enjoy total tax exemption provided that the period relating to performance of these activities does not exceed 183 days in any 12-month period (or period as modified by the relevant double tax treaty) and their work is not carried on in a permanent establishment.


back to top

Expatriate concessions

Are there any concessions made for expatriates in the Czech Republic?


None.


back to top

Salary earned from working abroad

Is salary earned from working abroad taxed in the Czech Republic? If so, how?


Since the residents are liable to declare and tax their worldwide income in the Czech Republic, the income earned by a Czech resident from working abroad is subject to Czech tax (according to a respective double tax treaty or in accordance with the Czech Act in Income Taxes). Double taxation avoidance is applied according to the relevant double tax treaty.


Salary earned abroad by a Czech tax non-resident is not taxable in the Czech Republic.


Foreign executives working in the Czech Republic sometimes have part of their income allocated abroad through dual contracts or salary splitting. This can be effective provided that the amount of compensation allocated abroad is reasonable in comparison to the time spent working outside the Czech Republic and to the total remuneration.


back to top

Taxation of investment income and capital gains

Are investment income and capital gains taxed in the Czech Republic? If so, how?


Generally, Czech tax residents are liable to tax on their worldwide income, including investment income and capital gains, in the Czech Republic. Individuals who are not Czech resident for tax purposes are subject to tax only on their income from Czech sources.


Basically, income in the form of interest, dividends, settlement shares, and silent partners’ shares has tax withheld at the source, if from Czech sources.


Dividends, interest, and rental income


Interest and dividends earned by Czech tax resident are generally taxable in the Czech Republic.


Interest and dividends from Czech sources are subject to 15 percent flat tax rate, which is withheld at the source by the payer of the income (bank, financial institution, etc.).


Interest and dividends derived from sources abroad are to be declared and taxed through personal income tax return, where they are included in a general taxpayer’s tax base subject to the flat rate of 15 percent. Double tax avoidance is applied according to the relevant double tax treaty.


Rental income (gross amount) can be reduced either by actually incurred expenses according to the Czech tax legislation or by 30 percent lump sum, maximum annual amount of lump-sum expenses is CZK 600,000.


Gains from stock option exercises


Residency status Taxable at:
Grant Vest Exercise
Resident N N Y
Non-resident N N Y*
Other (if applicable) N/A N/A N/A

* Provided that between the grant and vest/exercise (depending on the SOP Plan) of the stock option, the employee was working in the Czech Republic and the stock option relates to the work performed within this period; then a proportion of the income from the stock option (attributable to the time spent in the Czech Republic) should be taxed in the Czech Republic.


Generally, the granting of stock options is not a taxable moment, provided that the option is granted for free and the employee does not have any rights to dispose of the option/shares. The vest is not a taxable moment, assuming that the employee does not acquire the shares automatically at the vest.


The taxable moment is the exercise of the option that is when the employee actually acquires shares. The taxable amount is the market value of the shares at the moment of exercise, or the difference between the market value at the moment of exercise reduced by an amount paid by the employee for the shares. Income from stock options granted by the employer is taxable as employment income.


Foreign exchange gains and losses


The foreign exchange gains realized are tax exempt generally, provided that they are not realized as a result of trading with currencies.


Principal residence gains and losses


Gains from a sale of principal residence realized by Czech tax resident are taxable as other income and as such included in a general tax base (subject to flat tax rate of 15 percent).


The taxable amount is determined as the sales price reduced by the original acquisition price. Any losses incurred can be offset only against gains from sale of other immovable properties and cannot be carried forward.


Gains from sale of principal residence are tax-free provided the individual lived in this residence for at least two years right before the sale or provided funds from the sale are used for buying his/her other principal residence under certain conditions.


Capital gains and losses


Capital gains on the disposal of securities acquired before 31 December 2013 not included in business assets (other than government bonds) represent tax-free income after the assets have been held for six months and individual’s share on registered capital and voting rights (direct and indirect) of the company does not exceed 5 percent during the period of 24 months before its sale. Otherwise, capital gains on disposal of securities are tax-free only after the securities have been held more than three years.


As of 1 January 2014 the capital gains realized on the disposal of securities up to annual amount of CZK 100,000 are tax exempt for the taxpayer.


The capital gains realized on the sale of ownership interest in business companies (limited liability company) are tax-free only after the ownership interest has been held more than five years.


The capital gains are taxed in the Czech Republic through the tax return, where they are included in the taxpayer’s general tax base (subject to 15 percent flat rate).


Any capital losses from sale of securities can be offset against gains from sale of other securities only and cannot be carried forward.


Gifts


The gift tax was abolished as of 1 January 2014 and it was implemented into the Czech Income Tax Act. Income Tax (at the rate of 15%) is generally imposed on assets donated. The tax legislation allows for an exemption from income tax of gifts between relatives, between the persons living in the same household for a periof at least one year before the gift was provided and exemption applies under certain circumstances in case of gifts provided to the trust.


Moreover, the gifts up to the annual value of CZK 15,000 are generally exempt from the income tax. Gifts provided abroad are generally subject to 15% withholding tax unless the relevant double tax treaty does not provide otherwise.


back to top

Additional capital gains tax (CGT) issues and exceptions

Are there additional capital gains tax (CGT) issues in the Czech Republic? If so, please discuss?


Not applicable.


Are there capital gains tax exceptions in the Czech Republic? If so, please discuss?


Capital gains on the disposal of securities acquired by the individual by the end of 2013 not included in business property (other than government bonds) represent tax-free income after the assets have been held for six months if the individual’s share on registered capital and voting rights (direct and indirect) of the company does not exceed 5 percent during the period of 24 months before its sale. Otherwise, capital gains on disposal of securities are tax-free only after the securities have been held more than three years.


The capital gain realized on the sale of ownership interest in business company (limited liability company) is tax-freee only after the ownership interest has been held more than five years.


back to top

General deductions from income

What are the general deductions from income allowed in the Czech Republic?


The Czech tax legislation provides for the following deductions from tax base. The following deductions can be claimed by Czech tax resident and also by Czech tax non-resident who have more than 90 percent of the worldwide income from Czech sources and who is the resident in other EU Member country, Norway or Island.


  • Interest on mortgage provided in the Czech Republic or abroad, provided that further conditions stipulated by the Czech tax legislation are met (particularly that the mortgage has to be used for financing own permanent housing/accommodation of the individual or family members).
  • Contributions paid by an individual to a private pension fund in the Czech Republic as defined by the Czech tax legislation (certain conditions apply).
  • Contributions paid by an individual to a private life insurance scheme or private pension insurance scheme in the Czech Republic or in another EU (EEA) Country, provided that further conditions stipulated by the Czech tax legislation are met.
  • Cash or non-cash charitable contributions made to defined Czech entities and individuals as well as similar entities and individuals registered in another EU (EEA) country.

Tax credits


The following tax credits can be claimed in the Czech Republic.


  • Tax credit of CZK24,840 per year for the taxpayer (generally for residents and non-residents, tax credit cannot be claimed by individuals receiving pension from Czech pension insurance scheme or a foreign compulsory old age insurance scheme).

The following credits can be claimed by Czech tax resident and also by Czech tax non-resident who have more than 90 percent of the worldwide income from Czech sources and who is the resident in other EU Member country, Norway or Island.


  • Tax credit of CZK13,404 annually per dependent child.
  • Tax credit of CZK24,840 for a spouse whose own worldwide income does not exceed CZK68,000 per year.

back to top

Tax reimbursement methods

What are the tax reimbursement methods generally used by employers in the Czech Republic?


Tax reimbursements can be grossed up on an accrual basis or on the year rollover basis.


If accrual basis is used, the company incurs a liability to pay taxes on behalf of the employee. Such taxes can be included in taxable income in the year in which they accrue, regardless of when paid.


back to top

Calculation of estimates/prepayments/withholding

How are estimates/prepayments/withholding of tax handled in the Czech Republic? For example, Pay-As-You-Earn (PAYE), Pay-As-You-Go (PAYG), and so on.


Pay-as-you-go (PAYG) withholding


The income of an individual paid by a Czech entity based on a local contract with a Czech entity or working in the Czech Republic under the economic employer is subject to monthly wage tax withholdings. The withholdings are made by the employer through a payroll agenda. Similarly, the foreign entity employing individuals in the Czech Republic for more than 183 days or foreign entity having a permanent establishment (other than created due to rendering of services) in the Czech Republic will have the duty to register as a payroll agent and make monthly wage tax withholdings.


PAYG installments


Czech and foreign employees employed and paid by a foreign employer with no branch in the Czech Republic must make tax installments (except for employees of foreign employer that is liable to act as payroll agent; see above). The amounts payable and the payment frequency are determined by reference to the tax liability of the previous year; it follows, that the prepayments are not due in the first year of the individual’s activities in the Czech Republic.


  • If the tax liability of the previous years was CZK30,000 or less, the tax is payable in a single installment by the due date for filing the tax return; no prepayments are due in the following year.
  • If the tax liability of the previous year was higher than CZK30,000 but less than CZK150,000, the tax prepayments are payable biannually in an amount of 40 percent of the previous year’s tax liability. The first prepayment is due by the 15th day of the sixth month after the deadline for filing the tax return (tax liability payment).
  • If the tax liability of the previous year was higher than CZK150,000, the tax is payable quarterly in an amount of 25 percent of the previous year’s tax liability. The first prepayment is due no later than by the 15th day of the third month after the deadline for filing the tax return (tax liability payment).

Any balance outstanding is payable by the due date for filing of the tax return.


When are estimates/prepayments/withholding of tax due in the Czech Republic? For example: monthly, annually, both, and so on.


Please see above.


back to top

Relief for foreign taxes

Is there any Relief for Foreign Taxes in the Czech Republic? For example, a foreign tax credit (FTC) system, double taxation treaties, and so on?


The Czech Republic has a broad network of double tax treaties - both former Czechoslovakian and the new Czech treaties are in force. Beneficiaries of income tax treaties may be exempt from income tax on certain income but such exempt income must be reported in a tax return. The method of bilateral relief from double taxation depends on the particular treaty. However, from 2008 tax period the taxpayer may also choose the method of exemption with progression with respect to employment income from a treaty country under the local Income Tax Act regardless of the double avoidance method stipulated by the respective double tax treaty whichever is more favorable for him/her, i.e. the double taxation avoidance under the treaty or under the local ITA, providing that certain conditions are met.


back to top

General tax credits

What are the general tax credits that may be claimed in the Czech Republic? Please list below.


The following tax credit can be claimed in the Czech Republic.


  • Tax credit of CZK24,840 per year for the taxpayer (with the exception of taxpayers receiving pension – see above).

The following credits can be claimed by Czech tax resident and also by Czech tax non-resident who have more than 90 percent of the worldwide income from Czech sources and who is at the same time resident of other EU Member country or Norway or Island.


  • Tax credit of CZK13,404 annually per dependent child.
  • Tax credit of CZK24,840 for a spouse whose own worldwide income does not exceed CZK 68,000 per year.

back to top

Sample tax calculation3

This calculation assumes a married taxpayer resident in the Czech Republic with two dependent children whose three-year assignment begins 1 January 2011 and ends 31 December 2013. The taxpayer’s base salary is USD100,000 and the calculation covers three years. The spouse’s income does not exceed CZK68,000 per year.


2012
USD
2013
USD
2014
USD
Salary 100,000 100,000 100,000
Bonus 20,000 20,000 20,000
Cost-of-living allowance 10,000 10,000 10,000
Housing allowance 12,000 12,000 12,000
Company car 6,000 6,000 6,000
Moving expense reimbursement 20,000 0 20,000
Home leave 0 5,000 0
Education allowance 3,000 3,000 3,000
Interest income from non-local sources 6,000 6,000 6,000

Exchange rate used for calculation: USD1.00 = CZK19.60.


Other assumptions


  • All earned income is attributable to local sources.
  • Bonuses are paid at the end of each tax year, and accrue evenly throughout the year.
  • Interest income is not remitted to the Czech Republic.
  • The company car is used for business and private purposes and originally cost USD50,000.
  • The employee is deemed resident throughout the assignment. Tax treaties and totalization agreements are ignored for the purpose of this calculation. This means that the taxpayer is subject to Czech social security scheme.

Calculation of taxable income


Year-ended 2012
CZK
2013
CZK
2014
CZK
Days in the Czech Republic during year 366 365 365
Earned income subject to income tax
Salary 1,960,000 1,960,000 1,960,000
Bonus 392,000 392,000 392,000
Cost-of-living allowance 196,000 196,000 196,000
Net housing allowance 235,200 235,200 235,200
Company car* 117,600 117,600 117,600
Moving expense reimbursement 392,000 0 392,000
Home leave 0 98,000 0
Education allowance 58,800 58,800 58,800
Taxable employment income 3,351,600 2,057,600 3,351,600
Other income - interest 105,600 105,600 105,600
Total taxable income 3,457,200 3,163,200 3,457,200

* Assuming it is a car benefit, that is car available for business and private purposes, assessed in an amount of 1 percent from the acquisition price (USD50,000) per each month that is USD6,000 (CZK117,600) per 12 months.


Calculation of tax liability


2012
CZK
2013
CZK
2014
CZK
Taxable income subject to partial tax base 3,351,600 3,057,600 3,351,600
Social security (employer's part) 464,532** 585,792** 612,948**
Social security (employee's part) 0 0 0
Tax base from employment income 3,816,132 3,643,392 3,964,548
Interest income 105,600 105,600 105,600
Total tax base 3,921,732 3,748,992 4,070,148
Solidarity tax increase*** 0 127,062 147,447
Czech Republic tax thereon 588,255 562,335 610,515
Foreign tax credits 0 0 0
Less:
Domestic tax rebates (dependent spouse rebate)
Per dependent children 26,808 26,808 26,808
Per individual 24,840 24,840 24,840
Per dependent spouse 24,840 24,840 24,840
Total Czech Republic tax 511,767 612,909 681,474

2012 tax period: 25 percent of taxable income (either real or hypothetical mandatory employer part of social insurance contributions); subject to caps of CZK 1,206,576 and 9 percent of taxable income (either real or hypothetical mandatory employer part of health insurance contributions); subject to cap of CZK 1,809,864.


2013 tax period: 25 percent of taxable income (either real or hypothetical mandatory employer part of social insurance contributions); subject to caps of CZK 1,242,432 and 9 percent of taxable income (either real or hypothetical mandatory employer part of health insurance contributions); no cap applicable.


2014 tax period: 25 percent of taxable income (either real or hypothetical mandatory employer part of social insurance contributions); subject to caps of CZK 1,245,216 and 9 percent of taxable income (either real or hypothetical mandatory employer part of health insurance contributions); no cap applicable.


*** Applicable on income exceeding annual cap for social insurance.




1Certain tax authorities adopt an ‘economic employer’ approach to interpreting Article 15 of the OECD model treaty which deals with the Dependent Services Article. In summary, this means that if an employee is assigned to work for an entity in the host country for a period of less than 183 days in the fiscal year (or, a calendar year of a 12-month period), the employee remains employed by the home country employer but the employee's salary and costs are recharged to the host entity, then the host country tax authority will treat the host entity as being the ‘economic employer’ and therefore the employer for the purposes of interpreting Article 15. In this case, Article 15 relief would be denied and the employee would be subject to tax in the host country.


2For example, an employee can be physically present in the country for up to 60 days before the tax authorities will apply the ‘economic employer’ approach.


3Sample calculation generated by KPMG Česká republika, s.r.o., the Czech Republic member firm of KPMG International, based on the Income Taxes Act No. 586/1992 Coll. as subsequently amended.




© 2014 KPMG Cesk republika, s.r.o., a Czech Republic Limited Liability Company and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (KPMG International), a Swiss entity. All rights reserved.

 

Share this

Share this

Contact

 Czech Republic – Topics

Taxation of international executives