Automatické vracení vratitelného přeplatku vzniklého z dodatečného daňového přiznání k DPH

Automatic refund of refundable tax overpayment claimed in supplementary tax return

In addition to the institute of the prepayment on VAT overpayment, the Tax Code Amendment in effect from 1 January 2021 have brought yet another benefit for VAT payers.  If a supplementary VAT return resulted in a refundable VAT overpayment, the VAT payer no longer has to apply for a refund; the overpayment should be refunded automatically. 

The special provision of Section 105 of the VAT Act, pursuant to which the VAT overpayment was automatically refunded only in case of regular VAT return, was repealed. According to the Tax Code Amendment, the automatic refund of a refundable overpayment applies to both the assessment and additional assessment of the tax deduction.

The time limit for overpayment refund is set at 30 days from the date of implicit assessment or additional assessment of the tax. In the case of a tax audit ending with the issue of a payment order or additional payment order, the time limit is reduced to 15 days. The minimum amount of refundable overpayment has been increased from CZK 100 to CZK 200.

The amendment have certainly simplified the tax procedures for VAT payers. The same procedure can be applicable also for other taxes, where tax overpayment (negative tax) can arise.

If you have any questions, please contact the authors of the article or your regular EY team.

Authors:

Stanislav Kryl
Jevgenija Bajziková