Nová informace GFŘ - jak na opravu odpočtu DPH u závazků po splatnosti

The General Financial Directorate has circulated a draft Information for external consultation regarding the correction of the right to deduct VAT on receivables that are overdue on the debtor's side. This is a new regulation introduced by the amendment to the VAT Act, effective January 1, 2025. We have already informed you about the introduction of this new obligation in our alert HERE.

Taxpayers are now required to reverse the claimed VAT deduction on received taxable supplies that have not been paid by the last day of the sixth month immediately following the month in which the supply became due. Practically, this new obligation will first affect VAT returns for July 2025. Failure to comply with this obligation may result in the imposition of penalties and interest on late payments.

The introduction of this obligation has raised several questions. For example, whether the regulation also applies to supplies subject to the reverse charge mechanism, whether the adjustment is affected by time shifts, or how to proceed in cases of overlaps with other institutes such as retention, offsets, discounts, or partial deductions.

The information currently provides guidance for procedures in the following areas:

• Reporting in tax returns,
• Unpaid liabilities under the reverse charge mechanism,
• Special provisions for quarterly taxpayers,
• Split payment of supplies (e.g., retention),
• Offsetting receivables,
• Assignment of receivables,
• Supplies subject to different VAT rates,
• Overlap with complaint procedures and discounts,
• Overlap with proportional/shortening coefficients.

At this stage, this is only a draft that is undergoing external consultation. Some situations remain unclear, and it is uncertain whether they will be addressed in the officially published Information. We are monitoring further developments.

Authors:

Ivana Krylová

Michaela Kleinpeterová