Taxes in Europe Database v2
Law No. 338/1992 Coll., as amended by subsequent acts.
In general, the acquirer (the transferor is a guarantor). However, if the acquirer have no permanent residence or seat in the Czech Republic (while the transferor yes), the transferor itself is the taxpayer. For purpose of calculation of the gift tax, persons are divided into three categories depending on relationship of the transferor and the acquirer:
The free-of-charge acquisition of property basing on a legal act or in connection with a legal act.
In general, the tax base is equal to the price of the acquired property determined in accordance with price regulations, i.e. Act No. 151/1997 Coll. on property appreciation, in later amendments, reduced by the value of the debts and other liabilities connected with the acquired property, customs duty paid if the acquired property is imported into the Czech Republic and the value of the acquired property that is exempt from the gift tax. All these data must be determined based on an expert’s evaluation prepared as to the day of the property acquisition.
In genaral, the rates are progressive depending on value of property (tax base).
In most cases the gift tax return must be filed with the competent tax authority within 30 days following the day on which the ownership to the acquired immovable was entered into the real estate cadastre or the contract on transfer of immovable entered into force; this applies to transfer of immovables which are not registered in the real estate cadastre. Gift tax must be paid within 30 days following the day on which payment order issued by the tax authority was delivered to the taxpayer.