CLOSER LINK BETWEEN THE IMMOVABLES TAX ACT AND THE CIVIL CODE

Amendment No. 23/2015 Coll. to Act No. 338/1992 Coll., the Immovables Tax Act, which took effect on 5 February 2015, revises and provides more details on certain provisions of the Immovables Tax Act in order to achieve greater harmony with and a closer link to the new Civil Code. The amendment provides a better definition of the subject of tax on land tracts, buildings and apartments, and it introduces the term “taxable apartments” (considered a recently finished or used apartment). The amendment also more precisely defines a “construction tract of land”, which is regarded as a tract of land to be built up which does not contain a taxable building. Moreover, the amendment more clearly sets the conditions for awarding tax relief on land where the relief (exemption) to be awarded requires a public transport structure to be built and used on the land tract (as per the occupancy decision or occupancy approval issued by a special Construction Authority). The Act’s terminology was harmonized with the Tax Authority’s terminology (e.g. “tax assessment” has been replaced with the term “determination of tax” and there are other changes in the terms referring to a taxation period or the penalty for late tax claim).

To ensure they duly discharge their tax obligations in 2016, taxpayers should get familiar with the new terminology. Despite the changes, however, the new rules should not make things more administratively demanding for taxpayers.