Micro-taxer

Čo v článku nájdete:

Law No 595/2003 Coll. on Income Tax (APR) defines with effect from 1 January 2021 in §2 point (w) the new term “micro-taxer’♦. With effect from 1 January 2021, taxpayers of natural persons whose income (reimbursements) from business or other self-employment (Art. 6 (1) and (2) of the PPAs) does not exceed 49 790,00 € /amount of turnover for registration pursuant to §4 (1) of Law No 222/2004 Z. Coll. on value added tax/ or legal persons whose income for the tax period does not exceed 49 790,00 €. Revenue shall be determined by the taxpayer who accounts in the JÚ system or maintains the tax registration and income of the taxpayer who accounts in the PÚ system; income (revenues) shall be included in any income of the taxpayer, including income not subject to tax, income exempt from tax and income taxed by withholding tax.

Limiting revenue to turnover for the purposes of registration of a domestic VAT payer does not mean that the VAT payer cannot automatically acquire the status of a micro-taxer. The taxable person is required to submit an application for registration for VAT after a turnover of 49 790,00 € for a maximum of 12 previous, consecutive calendar months which may not be identical to the tax period for income tax (calendar or marketing year).

Where, in the calendar (economic) year under consideration, a taxpayer recognises revenue (revenues) up to and including 49 790,00 €, it shall be considered a micro-taxer provided that it simultaneously fulfils the conditions of a negative definition of this term;  the micro-taxer cannot be a taxpayer; which:  

1. conducts as a dependent person a controlled transaction (even insignificant);
2. the taxpayer in respect of the assets which have been declared bankrupt entered into liquidation or has been allowed a payment schedule (procedure governed by Act No 7/2005 Coll. on bankruptcy and restructuring);
3. the taxpayer is a legal person whose tax period is less than 12 consecutive calendar months, e.g. due to the transition from the tax period of the calendar year to the economic year and vice versa, the period preceding the entry into liquidation, the change in the legal form of the taxpayer, etc.;

Position of the micro-taxer allows (does not) order the taxpayer to make use of a specific depreciation adjustment for long-term movable assets (advantaged depreciation), a specific way of making provisions for claims and a special adjustment for deduction of tax loss.

Favourable REPRESENTATION OF MEMOTAL ASSETS

The micro-taxer may be included in depreciation groups 0 to 4, with the exception of a passenger car with an entry price of 48 000,00 € or more; write the amount determined by the taxpayer; not more than during the depreciation period of the modified DSP and not more than up to the entry price according to §25 (1) of the PPAs. The micro-taxer can do the same for the technical evaluation of fully written off assets above 1700,00 €. The amount of tax depreciation in each tax period shall be at the discretion of the taxpayer, allowing the entry price of the property to be included in the tax base, or the entry price increased by the technical valuation of the property, namely also in one tax year.

Favourable method of depreciation according to §26 (13) of the PPAs  may the taxpayer Legal person to be used exclusively for tangible assets put into use in the tax year in which the taxpayer was considered a micro-taxer. A taxpayer may use a favourable depreciation method for tangible assets relating to the pursuit of income from self-employment (Art.6 (1) and (2) of the PPAs) which was included in commercial assets in the tax year in which the taxpayer was considered a micro-taxer. The preferential application of tax depreciation of the aforementioned assets remains with the taxpayer in other tax years, regardless of whether or not the taxpayer is a micro-taxer in other tax periods.  

Under Paragraph 22 (9) of the PPAs  cannot a micro-taxer applying a preferential depreciation method; apply the depreciation interruption, ie. the total depreciation period adjusted for the PPAs cannot be extended. At the same time, the amount of depreciation of assets in individual depreciation years may not be uniform, i.e. in one year the taxpayer may not apply any depreciation of assets, and in the following year it may apply for example 100% (50% …) maximum up to the entry price. The preferential depreciation method will also apply to the technical valuation of the assets thus depreciated, carried out in a period where the taxpayer no longer has the status of a micro-taxer.

If the taxpayer (may or may not be a micro taxpayer at the time) discards tangible property, where preferential depreciation was applied, before the expiry of the depreciation period pursuant to §26 (1) of the PPAs or the extended depreciation period pursuant to § 26 (5) of the PPAs (when the technical evaluation was carried out), obliged to increase the tax base by positive difference between depreciation already applied in preferential depreciation and depreciation which the taxpayer could apply in the case of a uniform (§27 DSP) or accelerated (§28 DSP) depreciation of these assets.

Following the adjustment of the tax base, the ust has been amended. §25 (3) of the PPAs under which residual cost of assets, for which preferential depreciation has been applied, means the difference between the input price of tangible assets and the value of the depreciation that the taxpayer could apply to the uniform (§27 DGP) or accelerated (§28 DGP) depreciation of such assets.

Limited depreciation of leased assets recognised as a tax expense under Paragraph 19 (3) (a). (a) DSP does not apply to rental tangible assets classified in depreciation groups 0 to 4 in a micro-taxer, and in the case of a micro-taxer of a natural person, does not apply to rental material assets which have been included in commercial property in connection with the production of income from business and other self-employment. In this case, the law requires the taxpayer to have the status of a micro-taxer in the tax year for which it determines the amount of depreciation of the leased assets treated as tax expenditure. On the other hand, the law does not refer exclusively to assets in which the taxpayer has a right to preferential depreciation, so that the non-limiting of the depreciation should be applied to all the assets of a micro-taxpayer who satisfies the above-mentioned features (depreciation groups, and to natural persons linked to the production of incomes as SZČN).

Recapitalisation of preferential depreciation of tangible assets § 26 (13) of the PPAs:

• tangible assets classified first 1.1.2021, including the technical valuation of fully written off assets above 1 700,00 €; the taxpayer must be a micro-taxer at the time of the asset classification;
• tangible assets in depreciation groups 0 to 4, excluding luxury cars;
• limited depreciation period without possibility of extension;
• the amount of depreciation is determined by the taxpayer, may be zero in one year, but also 100 per cent of the entry price;
• an adjustment of the tax base for the disposal of assets before the expiry of the depreciation period;
• the calculation of the residual price of the assets for which the favourable depreciation was applied;
• Abolition of the limit on the amount of depreciation recognised as tax expenditure in the case of leased assets u a micro-taxer;

readjustments to the micro-taxer (§20)

A specific way of creating a claim or a claim correction item may be used by the taxpayer, accounting for double accounts, for a claim (ancillary) which was included in taxable income in the tax year in which the taxpayer was a micro-taxer; for the first time in the tax year starting at the earliest on 1 January 2021.

Among the provisions the formation of which is tax expenditure has been supplemented by ust. § 20 para. 2 letter (h) The PPAs, and following that provision was added in Paragraph 20 (23). Condition inclusion of a repair item in an unmarried claim (including accessories to this claim) to tax expenditure in accordance with accounting is:

• the existence of a risk that the debtor will not pay the claim in full or in part (it is also a condition for the accounting of the repair item to the claim);
• the claim was included in taxable income in the tax year in which it had taxpayer position of micro taxpayer (the same applies to the claim accessories);
• in the tax year in which it is made up of a corrective item , the claim is not time-barred;
• in the tax year in which it is made up of a correction item, the taxpayer shall account for the duplicate accounting system;
• in the tax year in which it is made up of a correction item, has taxpayer position of micro taxpayer;
• the claim was not acquired by assignment = only own claims;
• the claim cannot be offset against the liabilities due;

With effect from 1 January 2020, Paragraph 20 (3) added a provision according to which: claim for the purposes of the Income Tax Act, consider on the last day of the tax period not time-barred, if in the relevant tax year (calendar or marketing year) it has not been time-barred for at least one day. This adjustment will not need to constitute a correction item during the tax period in which the claim expires a limitation period under civil or commercial law rules, but only at the end of the tax period in other accounts.

deduction of tax loss by the micro-taxer (§30)

From the taxable base of a taxpayer who is a legal person or from the tax base (a partial tax base) on income pursuant to Article 6 (1) and (2) of a taxpayer who is a natural person if, in the tax period in which they apply the deduction of tax loss, they are deemed a micro-taxer, tax loss may be deducted:

• dose Not more than five immediately consecutive tax years, starting with the tax period immediately following the tax year for which the tax loss was recognised;
• Maximum up to the tax base with a taxpayer who is a legal person; or
• Maximum up to the tax base (sub-tax base) on income by § 6 (1) and (2) a taxpayer who is a natural person;
• it is not required to deduct the tax loss evenly; it allows to deduct the entire tax loss at 100% in one tax year;
• the loss is not required to be recognised for the tax year in which the taxpayer was a micro-taxer;
• first used for Tax loss recognised for the tax yearstarting first 1 January 2021;