Tax residency in the Czech Republic
Definition and requirements
An individual is considered a Czech tax resident if:
- the individual has a permanent place of residence in the Czech Republic in which they intend to stay permanently or
- the individual stays for 183 days or more in the Czech Republic continuously or intermittently in the calendar year
Tax residence is crucial for the determination of the extent of taxation in each country. A Czech tax resident is obliged to report his worldwide income in the Czech Republic, i.e. including income from sources abroad. In contrast, a Czech tax non-resident in the Czech Republic is only obliged to tax income from sources in the Czech Republic (e.g. for income from employment, days physically worked in the Czech Republic).
Days of presence
For the purposes of calculating the days of presence in the Czech Republic within one or more periods, any part of the day of presence is regarded as a whole day (including day of arrival and day of departure).
Split tax residency
An individual may be considered a split tax resident if they move their permanent place of residence during the year.
Double tax treaty
Should an individual be also regarded as a tax resident in another country based on the other country’s domestic law, the double tax treaty determines their final tax residency status based on the following tie breakers:
- Country of permanent home, if in both countries;
- Country of centre of vital interests (personal and economic relations), if in both countries;
- Country of habitual abode (183 days), if in both countries;
- Nationality.
Types of taxable income in the Czech Republic
Based on the Czech legislation, the following types of income are subject to taxation:
- Employment income: Salaries, bonuses, remuneration of executives and members of the board of directors.
- Self-employment income: Revenues from business and professional services
- Capital gains: Interests and dividends (from foreign sources), dividends and interests from Czech sources are usually subject to withholding tax at source and may not be included in the annual personal income tax return.
- Rental income: Proceeds from the lease of real estate and flats, long-term rental of movables.
- Other income: Proceeds from the sale of securities, sale of property (unless they are exempt from taxation).
All forms of remuneration, whether in cash or in other forms, are generally considered taxable income (with the exception of certain tax-exempt income / benefits).
For each type of income, the legislation states calculation of the tax base.
Employee benefits
A specific group of income from dependent activities are employee benefits, such as:
- Provision of company car for work and private purposes – 1% / 0,5% (low-emission vehicle) / 0,25% (emission-free vehicle) of the purchase price of the car (including VAT) is considered taxable income (min. CZK 1,000), this income is also subject to social security and health insurance contributions.
- Non-monetary benefits in the field of culture, education, purchase of services and goods from medical institutions, recreation and trips etc., which are provided by the employer to the employee or his/her family members, are exempt from taxation on the employee’s part only up to half of the average wage for the whole calendar year. For 2024, the threshold is CZK 21,983. The employee’s taxable income is the amount exceeding the limit. The tax non-deductibility on the employer’s part is linked to the exemption on the employee’s part i.e. expenditure on non-monetary benefits will always be tax non-deductible if it is also exempt on the employee’s part. Excess amounts might be tax deductible on the employer’s part if the entitlement to non-monetary benefits is based on an internal regulation, collective agreement or employment contract. Pension and life insurance contributions – exempt from tax up to CZK 50,000 / year.
- Meal vouchers, employer canteen and meal cash allowance – exempt up to 70% of the upper limit of the meal allowance that can be granted to employees for a business trip lasting 5 to 12 hours (CZK 116.20). For exemption from taxation, it is also necessary to meet the condition of the employee’s presence at work which lasts at least 3 hours. For shifts lasting at least 11 hours, it will be possible to grant double the amount. The amount above the stipulated limit is considered employee’s taxable income subject to social security and health insurance contributions (both on the employee’s and the employer’s side). The claim should be stipulated in an internal directive/employment contract.
Personal income tax in the Czech Republic
Tax rate and tax period
- 15% is the standard tax rate
- 23% is a second tax rate
In the Czech Republic, the tax period is the same as the calendar year. Based on the local tax system, salaries paid in January for the work performed in December are considered as taxable income of the previous calendar year.
Tax base and deductions
The standard tax rate of 15% applies to all types of income up to CZK 1,582,812 (approx. EUR 63,312) for 2024. The tax rate of 23% applies to all types of income exceeding this amount.
The tax on income from dependent activities is deducted and paid by the employer through the payroll. Selected categories of employee benefits are not considered taxable income. These are, for example, some non-monetary benefits up to half of the average wage for the whole calendar year (CZK 21,983 for 2024), pension and life insurance contributions or meal vouchers and meal cash allowance up to CZK 116.20 for 2024.
The basis of the tax on dependent activity is simply gross salary plus taxable benefits. For other types of income, expenditures can be claimed. In order to reduce the tax base and tax liability, employees can take advantage of the tax benefits listed in the following table. Tax reliefs and tax allowances directly reduce tax liability. Tax base deductible items then reduce the tax base. Some tax reliefs can be applied monthly, other tax benefits are applied only on an annual basis. Tax residence also has an impact on the application of tax benefits:
- Czech tax resident: Some tax reliefs and tax allowances can be claimed monthly. Foreigners must prove their residence with a tax domicile issued by the Czech tax office on the basis of an application, or they must provide a permanent residence permit. A Czech tax resident can claim other tax benefits via annual tax settlement with their employer or a personal income tax return.
- Czech tax non-resident: A Czech tax non-resident can only claim the basic taxpayer relief per month. Czech tax non-residents can claim other tax benefits only if they have received more than 90% of their income from sources in the Czech Republic, and this is possible only via filing a personal income tax return.
Tax reliefs | Amount/year | Conditions |
Taxpayer relief | CZK 30,840 | applicable for everyone |
Spouse relief | CZK 24,840 | spouse living with the taxpayer in common household in case the spouse’s income did not exceed CZK 68,000 in the taxable period, only until the child reaches the age of 3. |
Disability relief | CZK 2,520 CZK 5,040 | for first or second degree of disability for the third degree of disability |
Relief for the holders of disability card | CZK 16,140 | card of person with disabilities |
Allowance on 1st, 2nd, 3rd or more dependent children | CZK 15,204 CZK 22,320 CZK 27,840 | child lives with the taxpayer in a common household |
Donation for charitable purposes including blood donation | max. 15% of tax basement CZK 3,000 per blood donation | at least 2% of tax basement, minimum CZK 1,000 (in total) |
Life Insurance Contributions * | Max CZK 24,000 | payment of insurance benefits after 60 months (5 years) and simultaneously not earlier than on 60 years of age (unless the insured amount is agreed) |
Mortgage interests | Max CZK 150,000 per a household (for mortgages concluded after 1.1.2021) | interest on building savings, mortgage loans or related contracts direct contractor apartment, land or building ownership, cooperative share use for permanent housing |
Pension Insurance Contributions* | Max CZK 24,000 | payment of insurance benefits after 60 months and at the earliest in the year of reaching the age of 60 years; tax base deduction is applicable from the amount exceeding CZK 12,000 of the contributions paid (up this amount a state subsidy is applicable) |
*Please note that in case of pension insurance / life insurance contributions paid to insurance company seated outside the Czech Republic, all related documents need to be translated into Czech (if not issued in Czech). As tax deduction can be applied contributions paid to an organization within EU.
Social security contributions in the Czech Republic
Social security rates and registration
- 24.8% rate for the employer
- 7.1% rate for the employee
In the Czech Republic, social security is paid by both the employee and employer, while the employer is obliged to register the employee at the local social security authorities (even if it is a foreign employer).
Social security base calculation
The assessment base for the social security is the gross total taxable employment income. Although there is no minimum calculation base, but the maximum value is set to CZK 2,110,416 for 2024 (in 2023, this value was CZK 1,935,552). It is settled as an annual amount.
In case the employee works for multiple employers, the maximum assessment base for social security has to be followed by all of them, separately. If the cap is reached, the employee may ask the Czech Social Security Authority for refund of overpayment after the end of year.
Payment and reporting of the social security
The contributions are calculated and paid separately and not included in the due tax. In case the employee is employed by 2 or more employers, all employers are obliged to report and pay social security contributions.
The reporting and payments are made by the employer on a monthly basis within the payroll agenda.
A1 Forms
Upon request, the Czech authorities issue A1 forms in case of posting to other countries easily, even for a longer period (e.g. 1 or 2 years) under the Art. 12 of the EU regulation 883/2004, if the employee travels abroad regularly or often due to different activities.
On the other hand, a foreign employee is not subject to the Czech insurance system if they submit an A1 form confirming participation in a foreign insurance system issued by a foreign authority.
Health insurance contributions in the Czech Republic
Health insurance rates and registration
- 9% rate for the employer
- 4.5% rate for the employee
Therefore, health insurance is paid by both the employee and employer, but it is the employer’s obligation to register the employee at the local health insurance institute (even if it is a foreign employer).
Health insurance base calculation
The assessment base for health insurance is the gross total taxable employment income, with no minimum or maximum calculation base.
Payment and reporting of the health insurance
The contributions are calculated and paid separately and not included in the due tax.
In case the employee is employed by 2 or more employers, all employers are obliged to report and pay health insurance contributions on a monthly basis within the payroll agenda.
A1 Forms
The practice of issuing A1 forms and the recognition of forms issued by a foreign authority was described in the previous section.
Obligations of the employer and the employee regarding the employment
Employment of EU citizens
In general, EU citizens and their family member are not considered foreigners. EU citizens are covered by one of the fundamental freedoms of the internal market, namely the free movement of workers. EU citizens have the right to move and reside freely within the EU Member States. They can therefore reside and work in the Czech Republic without the need for any permit, i.e. they enjoy the same treatment as citizens of the Czech Republic. This means that although they do not need a work permit, they may need (there is no obligation) a temporary residence permit if they stay in the Czech Republic for more than 3 months.
A spouse, parent of a citizen under the age of 21, descendant under the age of 21, descendant of the spouse of an EU citizen, ancestor or descendant dependent on care and nutrition or a foreigner in a permanent partnership with an EU citizen are considered to be family members of the EU citizen. When employing EU citizens, the employer has information obligation and the obligation to keep records of EU citizens (obligation to register certain personal data about employed or posted EU citizens or their family members).
Information obligation
If an employer employs an EU citizen, they have the following information obligation:
- Must inform the relevant regional branch of the Labour Office of the Czech Republic in writing about the entry of an EU citizen or their family member into employment or to perform work within the framework of posting.
- This obligation must be fulfilled by the employer at the latest on the day of taking up employment or performing work within the framework of the posting. Notifications can be submitted via a data box, in person or by e-mail.
- In the event of termination of employment or posting, the employer is obliged to inform the relevant regional branch of the Labour Office of the Czech Republic also about termination of employment or of the posting within 10 calendar days at the latest.
- When renewing an employment contract, the employee must be reported again.
- If the contract is for an indefinite period, termination must be reported.
- The employer faces a fine of up to CZK 100,000 for non-compliance with the information obligation.
Employment of third – country nationals
Unlike EU citizens, the Employment Act does not provide foreigners with any priority status or the same rights as citizens of the Czech Republic. Third-country nationals must, in principle, have a residence permit and a work permit. Both conditions must be met before performing work in the Czech Republic.
In order to be employed, a foreigner must hold:
- Work permit (for work shorter than 3 months, issued by the Labor Office of the Czech Republic).
- Employee cards (for a period longer than 3 months) – it is also a residence permit.
- Blue cards (for a period longer than 3 months, with university education) – it is also a residence permit.
- Intra-employee transferred (ICT) cards (for performance longer than 3 months).
In some cases, it is not necessary to have a work permit, e.g. in the case of posting as part of the provision of services by an employer from another EU Member State, preparation for a future profession, with a secondary or university degree obtained in a Czech school (accredited field, full-time form), family cohabitation, educational or scientific activities.
Obligations of the employer when employing foreigners
As with the employment of EU citizens, employers have almost the same obligations:
- Must inform the relevant regional branch of the Labour Office of the Czech Republic in writing about the foreigner’s entry into employment or the performance of work within the scope of posting. The regional branch of the Labour Office of the Czech Republic is competent according to the foreigner’s place of work.
- This obligation must be fulfilled by the employer at the latest on the day of taking up employment or performing work within the framework of the posting. Notifications can be submitted via a data box, in person or by e-mail.
- In the event of termination of employment or posting, the employer is obliged to inform the relevant regional branch of the Labour Office of the Czech Republic about the termination of employment or performance of work within the posting within 10 calendar days at the latest.
- When renewing an employment contract, the employee must be reported again.
- If the contract is for an indefinite period, termination must be reported.
- The employer faces a fine of up to CZK 100,000 for non-compliance with the information obligation.
- Furthermore, the employer is obliged to keep copies of documents proving the right of residence of foreigners, for the duration of employment and for a period of 3 years from termination, including translation into the Czech language.
Obligations of an EU citizen and their family members
If an EU citizen decides to stay in the Czech Republic for more than 30 days, they are obliged to report their place of residence at the relevant Foreign Police office within 30 days of entering the territory. A citizen or their family member is fined up to CZK 3,000 for failing to report to the Foreign Police.
If an EU citizen or their family member changes residence in the Czech Republic and this change is for a period longer than 180 days, they must notify the change of residence within 30 working days from the day the change occurred. Failure to comply with this obligation imposes a fine of up to CZK 3,000 on the citizen or their family member.
Czech tax resident working in one or more other countries
Personal income tax return filing
Generally, an employee is liable to file a Czech personal income tax return if their taxable income exceeds the amount CZK 50,000 during a calendar year. However, if they only have employment income and no other income exceeding CZK 20,000 or CZK 50,000 from occasional activities/other income throughout the year, they may request the employer to perform the annual tax reconciliation on their behalf. However, this needs to be done before February 15.
The tax return is due 3 or 4 months after the end of the tax period, so that is usually April 1 (in paper form) or May 1 (electronically via data mailbox) of the year following the tax period, or July 1 if the tax return is filed by a tax advisor based on a power of attorney. The deadline for filing may be extended by further 3 months, or until November 1 in case there is a foreign income.
The tax return can be filed by post or online, which is mandatory if the employee or tax advisor has a data box. Otherwise, they would risk penalties imposed by the tax authorities. Representation by a tax adviser or power of attorney is optional.
Avoiding double taxation
In case there is an applicable double tax treaty, which allows the application of the set-off method, the employee can apply exemption method based on local legislation if it is more beneficial, but under the assumption that the employment income has been already taxed in the contracting state, and the employer is either a resident of the contracting state or the income is borne by their permanent establishment located in the contracting state.
In practice a confirmation of the tax paid abroad is needed, issued by the foreign tax authority – especially in case of the tax credit method. In case of exemption method, a simple confirmation of income or the copy of the foreign personal income tax return is accepted.
In case there is no double tax treaty is applicable, the tax paid abroad can be deducted from employment income.
Tax benefits and other specifics
A Czech tax resident has the opportunity to claim all the tax benefits listed above if the conditions are met. In most cases, it is necessary to provide the tax administrator with the relevant document proving the right to claim the relevant tax benefit. The documents may be required to be submitted to the tax office together with the tax return.
Assuming that the employee has one employer for whom they also work in another country, the income is taxed in each country according to the relative number of working days. This may also apply to paid leave (provided for a calendar year), holidays and sickness benefits, bonuses, etc. In the tax return, the employee reports their worldwide income, including foreign income which is exempt from taxation in the Czech Republic.
Tax resident of other country working and paying taxes in the Czech Republic
Personal income tax return filing
If the seat of the employer is registered in the Czech Republic, they are obliged to report and pay tax on a monthly basis. This obligation is also applicable in case they are registered in another EU member state, but their branch or permanent establishment is located in the Czech Republic or they have an employee with place of work in the Czech Republic.
Generally, filing the tax return is the personal liability of the employees, the employer cannot file the tax return for them. Employees are obliged to file a tax return mostly in the following cases regardless of their residency:
- they have different types of income i.e. rental income, dividends, income from sale of shares.
- they have incomes from multiple employments
- their income is related to the previous tax periods i.e. bonuses for previous years related to Czech working days
Czech tax non-residents may file a tax return if they want to apply for other tax benefits, as on a monthly basis only the basic taxpayer relief may be applied. The only condition is that they have to have more than 90% of their total worldwide income taxable in the Czech Republic.
The employer can process the annual payroll tax reconciliation provided that the employee does not have the liability to file the personal income tax return.
The tax return is due 3 months after the end of the tax period, so that is usually April 1 of the year following the tax period or May 1 if the employee has a data mailbox, and July 1 if the tax return is filed by a tax advisor. Therefore, the deadline for filing may be extended by further 3 months, or until November 1 in case there is a foreign income.
The tax return can be filed by post or online, which is mandatory if the employee or tax advisor has a data box. Representation by a tax adviser or power of attorney is optional.
Tax benefits and other specifics
Entitlement to tax benefits is subject to condition of having at least 90% of the total income from sources in the Czech Republic. Depending on the respective tax benefit, the evidence or documentation may need to be presented to the tax authorities with the tax return.
Provided that there is a single employer and the employee works for them also in another country, the income is attributed based on the prorate of working days. This may concern, especially, the paid vacation (granted for calendar year), state holiday and sickness, bonuses and benefits.
Penalties
Penalties related to tax
- Delayed filing of the tax return: The fine for late filing is 0.05 % of tax assessed, 0.01 % of tax loss, max. 5% or CZK 300,000. First 5 days of delay are without any penalty. The penalty is issued only if exceeds CZK 1,000
- Delayed payment of the due tax: Late interest payment calculated on the CNB’s annual repo rate at the first day of the relevant calendar half-year increased by 8%. First 3 days of delay are without interest. The late interest payment is issued only if exceeds CZK 1,000
- Delayed or missing registrations at tax authorities: A fine of up to CZK 500,000 for failure to fulfil a non-monetary nature
- Delayed or missing report on monthly salary or withholding tax from salary: A fine of up to CZK 500,000 for failure to fulfil a non-monetary nature
Penalties related to social security
- Not requesting an A1 form from the respective authorities: The fine is up to CZK 20,000
- Delayed report on social security: The fine is up to CZK 50,000
- Delayed payment of the social security contributions: Late interest payment calculated on the CNB’s annual repo rate at the first day of the relevant calendar half-year increased by 8%. The late interest payment is issued only if exceeds CZK 1,000.
- Delayed or missing registrations for the purposes of social security: The fine is up to CZK 20,000
Penalties related to health insurance
- Delayed report on health insurance: The fine is up to CZK 50,000
- Delayed payment of the health insurance contributions: Late interest payment calculated on the CNB’s annual repo rate at the first day of the relevant calendar half-year increased by 8%. The late interest payment is issued only if exceeds CZK 1,000.
- Delayed or missing registrations for the purposes of health insurance: The fine is up to CZK 10,000 or CZK 20,000 in case of repeated failure/CZK 200,000, or CZK 400,000 in case of repeated failure for employers
Criminal acts
Evasion of taxes, fees and similar compulsory payments is provided for under sections 240 and 241 of the Czech Criminal Code. This offence is punishable by imprisonment for 2 to 10 years, depending on the scope of the offence and further circumstances of the case. Alternative punishments may be also applied. Furthermore, if the incorrect reporting of tax to the revenue service is due to distortion of data on status of management and assets (accounting books) provided for in section 254 of the Czech Criminal Code, further punishment may be imposed.
The Czech Criminal Code does not specifically regulate reporting, although intentionally misleading reporting may be considered an attempt to commit a criminal offence. For this reason, the criminal qualification for this offence is equal to the previous point above.
The concept of effective regret applies to the later reporting or payment of due tax, social security or health insurance contributions. In that liability the offence of tax evasion under sections 240 and 241 expires, if the offender satisfies the obligations additionally, prior to the enunciation of a judgement of the court of law.
Prepared by: Accace | Czech Republic