Compared to other EU states, a milder alternative to this Directive has been implemented, where, for example, only tax-efficient cross-border arrangements are subject to notification, not arrangements within the Czech Republic. There is also an exemption from the notification obligation for certified tax advisors, lawyers, notaries and auditors, due to the obligation of professional secrecy towards their clients. However, in these cases, this obligation passes to the taxpayers, or to the users of these schemes, and therefore the named professions have only an obligation to inform their client about this obligation.
The deadlines for fulfilling the obligation to notify cross-border arrangements under the new legislation are as follows:
If there is a change in the information in these arrangements, there is an obligation to notify the change within 30 days of the last day of the calendar quarter in which the change occurred.
The notification shall be made on the prescribed form and shall be made by means of a data message.
Sanctions for non-compliance with the notification obligation may be imposed up to the amount of CZK 500 thousand.
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