Daňové ztráty a dodatečné daňové přiznání

As previously mentioned in earlier alerts, a tax loss extends the tax assessment period —not only for the tax period in which it occurred but also for all subsequent tax periods in which the tax loss can be utilized.

A taxpayer may waive the right to apply a tax loss in the future. However, this must be communicated to the tax authority within the deadline for submitting the regular tax return for the tax period in which the tax loss is determined. This notification is binding and cannot be revoked; once the waiver of the possibility to apply the tax loss is declared, it has definitive effects for all subsequent periods. In such a case, the tax assessment period is not extended.

What if the taxpayer does not submit the notification and attempts to "cancel" the tax loss by filing a supplementary tax return?

According to the Income Taxes Act, this action does not affect the running of the tax assessment period—the extended tax assessment period remains in effect.

For completeness, it should be noted that even in situations where a tax loss arises solely based on the submission of the supplementary tax return, the extended tax assessment period applies to all periods in which this subsequently determined tax can be utilized.

In summary, the supplementary tax return cannot "erase" a tax loss or shorten the associated deadlines.

Authors:

Ladislava Zamazalová

Karolína Moškořová