An affidavit is one of the documents that almost all of us will encounter sooner or later. It may appear when dealing with tax matters, applying for social benefits, dealing with a bank or even when registering a child for kindergarten. Although at first sight it is a simple paper with a few sentences, its importance is certainly not small. It contains information that you sign and thus take responsibility for its truthfulness.
An affidavit is a written statement of a fact that is signed by the person making it. Unlike a normal certificate from an institution (such as a certificate of employment or income), it is based purely on your responsibility. Legally, it is a document that carries weight because it contains your signature and personal details. If the information on it is proven to be untrue, there can be consequences – from administrative proceedings to criminal liability.
It is used in a range of situations where it is not possible, appropriate or efficient to obtain confirmation from a third party. It is typically required by employment agencies, the tax office, schools, employers or banks. It often serves as a quick substitute for official documents that would otherwise be difficult to obtain.
The affidavit is not formally required by law, but its requirement stems from the practice of individual institutions. For example, if you are claiming a tax credit for your wife, the tax office may want you to certify that your wife is not claiming the credit herself. Or, if you are applying for social benefits, you will need to prove that you have no income by means of an affidavit.
The difference with a notarial deed is that you make the affidavit yourself and no notarisation is required. However, this does not mean that it is a worthless piece of paper. On the contrary, by signing it, you confirm that you take full responsibility for the information provided.
Don’t you know how to write a proper affidavit to be recognized by the authorities or your employer? We will prepare a tailor-made document for you – clear, legally sound and valid for your specific purpose. You will avoid mistakes, delays and the risk of having your application rejected.
In the tax area, we often see employees claiming a spouse’s deduction. In order to claim the allowance, it must be documented that the spouse does not have income in excess of the statutory limit. In this case, the tax office or employer requires an affidavit stating explicitly that the person is not claiming the allowance themselves and that their income is below the limit. This document becomes part of the tax return and is crucial for the correct application of the discount.
In addition to the spouse allowance, there are a number of other tax reliefs where an affidavit is necessary. For example, this may be a child credit for which the other parent certifies that they do not claim it. Similarly, if you are not claiming mortgage interest, again an affidavit is required. Without this document, both parents or partners could be claiming the same allowance, which the tax office would then challenge retrospectively.
Another common situation arises for people claiming welfare, unemployment or other benefits. The employment office often requires proof that the applicant actually has no income. If they cannot produce a certificate from their employer or a bank statement, they can get by with an affidavit of zero income. This document is particularly important during periods of transition when the claimant has no income but needs help from the state.
Social benefits, child benefit or some school and nursery benefits are usually linked to whether parents or partners live in the same household. An affidavit of cohabitation thus serves as proof that the family actually lives together and shares expenses. Although this may seem formal, it is of great importance when assessing entitlement to various state benefits.
Entrepreneurs, sole traders or people with irregular incomes sometimes find themselves in a situation where they have to prove their income without having a traditional tax return or a certificate from their employer. An income affidavit can thus serve as a temporary solution until official documents are available.
A housing certificate is also common. For example, when enrolling a child in a school outside the catchment area, it is often necessary to prove that the child actually lives at the address given. Similarly, banks want to know the real place of residence of the customer when granting a loan. In these cases, an affidavit of residence will help to quickly and easily document the necessary facts.
Some companies, especially in the security or financial services industry, may also require an affidavit of good character. This is an alternative to a criminal record. Similarly, when dealing with insurance claims, the injured party may be asked to provide an affidavit that he or she does not claim the loss with another entity.
Tip: You can’t get a mortgage, benefits or a decent rent today without proof of income. Whether you are an employee, entrepreneur or contract worker, sooner or later someone will ask you for official proof of your monthly income. Find out how to get one.
A properly drafted affidavit should be simple, easy to understand and contain all the essential elements. Although there is no one-size-fits-all form, certain points should never be missed.
1.Identification of the person – include your name, surname, date of birth and permanent address. This will ensure that it is clearly identified who is drafting the document.
2. Description of the facts – briefly but clearly describe what you are stating. For example, ‘I declare that I have no taxable income in 2025’ or ‘I declare that I am cohabiting with my husband’.
3. Date and place of execution – this information shows that the document is up to date.
4. Signature – by hand or, in the case of electronic submission, by a recognised electronic signature.
The language should be clear, without complicated legal wording. The authorities and institutions will appreciate brevity and clarity. You can find a number of templates on the internet, but we always recommend adapting them to the specific situation.
Beware of the legal consequences – if you provide false information in the affidavit, this could lead to criminal prosecution. The Czech legal system considers knowingly making a false statement in an official act to be an offence, and in some cases even a criminal offence of fraud. It is therefore always better to tell the truth, even if it may not be convenient at the time.
At first glance, these two terms may seem similar, but the difference between them is significant. An affidavit is a document that you write yourself and affirm with your signature. It does not require any other formality, unless the authority says otherwise.
An affidavit carries more legal weight. It is usually made before a notary or other public authority and is accompanied by a sworn statement. This means that the signatory assumes an even stronger responsibility for the truthfulness of the information. This type of declaration is used in more serious cases, such as court proceedings, inheritance disputes or certain commercial transactions.
Another difference is that an affidavit often involves a fee because it requires official verification. Therefore, if an office or institution requires an affidavit, a simple piece of paper signed by you is not enough. On the contrary, if an affidavit is sufficient, there is no need to go to a notary or pay a fee.
If you find yourself in a situation where you are not sure how to write an affidavit, or whether a simple affidavit is sufficient or whether an affidavit is required, we recommend that you contact a professional. An attorney can help you not only with wording, but also with determining whether your affidavit is sufficient for a particular office or institution.
You will thus avoid the risk of having your application rejected, unnecessary delays or even legal problems associated with incorrect information. If you need help with a tailor-made affidavit, do not hesitate to use our legal advice service. We will prepare a document exactly according to your needs and the current legal regulations.
Tip: Wondering how to relieve your family budget? Tax relief is one of the most common ways. This includes tax relief for your spouse or civil partner. We’ll advise you on how to claim it.
An affidavit is a written confirmation of a fact which is signed by the declarant, who thereby assumes full responsibility for the truth of the information given. It is used in particular where it is not possible to produce official documents – for example, when claiming tax credits (for a spouse, child or mortgage interest), when applying for social benefits (affidavit of zero income or household), when enrolling a child in school (declaration of housing), in employment (declaration of good character) or in insurance claims (declaration of non-indemnity). A properly executed declaration must include identification of the person, a clear and specific description of the fact, the date, place and signature – whether handwritten or electronic. The difference with an affidavit is that this is made before a notary or public authority and carries more legal weight, often involving a fee. Although the affidavit looks simple, incorrectly filling it in, giving false information or using an inappropriate template can have serious consequences, including administrative proceedings or criminal prosecution.
No, in most cases a simple signature will suffice. Notarisation is only required if the authority expressly provides for it.
Not essential – it is just a specific type of affidavit used in the tax field.
Yes, it is currently possible to use an electronic signature or a data box. The document then has the same weight as a paper form.
It depends on the purpose for which it was issued. It is usually limited to the period to which it relates (for example, a tax period).
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