Property tax – the most important facts

JUDr. Ondřej Preuss, Ph.D.
18. March 2023
7 minutes of reading
7 minutes of reading
Real Estate

Did you become a new property owner in the previous calendar year? Check out a quick summary on property tax – what it is, when it is due and how to apply for it. We’ll also answer common questions, such as how to fill out your property tax form or what to do if you file after the deadline. We’ll also discuss important elements such as the local property tax coefficient and the specifics of this obligation as set forth in the Property Tax Act.

Daň z nemovitých věcí

Chapters of articles

Who pays annual property tax and for what

Property tax is a property tax that is regulated by the Real Property Tax Act. It stipulates that the taxpayer is any natural or legal person who owns or uses immovable property (land or a building).

This tax is divided into two parts: tax on land and tax on buildings and units, which is also reflected in the way returns are completed. If you do not know how to fill in the property tax form, it is advisable to consult a specialist or use the detailed instructions provided by the tax authorities.

In the vast majority of cases, it is the property owner who is the taxpayer. Sometimes, however, it may also be the trust or unit trust (if the property is owned by the unit trust) or the builder who has the right to build on the land.

Real estate tax is the collective name for two separate taxes. These are the land tax and the buildings and units tax. If we emphasize their separate nature, it is also reflected in the fact that they are listed separately in the tax return.

The subjects of land tax are:

The subject of the tax on buildings and units (flats and non-apartment) are:

  • buildings and units situated in the territory of the Czech Republic and
  • completed or in use.

The law regulates the types of land and buildings that are completely exempt from the tax. These include, for example, land and buildings owned by the state or a municipality or land and buildings used for schools, galleries and health care facilities. Buildings and units are not subject to the tax on buildings and units, nor are buildings consisting of taxable units (e.g., apartment buildings as units).

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Tip for article

Tip: Each taxpayer calculates the amount of the tax himself in his tax return. This is done not only with the area of the land or building, but also with the statutory rates and coefficients (local coefficient and coefficient according to the size of the municipality). How is the tax amount calculated? We have dealt with this in a separate article.

Manželský pár zkoumající, kdy se platí daň z nemovitosti
Manželský pár zkoumající, kdy se platí daň z nemovitosti

How to opt out of paying tax

If, on the other hand, you previously owned the property and paid the tax annually, but as of 1 January of the new year you are no longer the owner, you must notify the tax office so that you no longer pay the tax. There is no specific form, just a simple computerised or handwritten notice to be delivered to your tax authority (i.e. the local tax office) by 1 February at the latest.

Tip for article

Tip: Previously, it was also compulsory to pay property tax. However, this was abolished in 2020.

How and when is property tax paid?

You can pay the tax by bank transfer, bank transfer, SIPO or cash at the tax office. If the tax exceeds CZK 5,000, it is possible to split the payment into two instalments. The standard deadline for paying the tax is the end of May. If the payment is divided into two instalments, the second instalment must be paid by the last day of November.

Wondering how to file your property tax and when to file? Returns are due by January 31, with the status as of January 1 being determinative. If you need a form, look for the property tax form section of the office’s website. In some cases, you also need to take into account the local coefficient, which affects the final amount.

However, the return is not filed repeatedly (as is the case with income tax, for example), but only once. Thereafter, “only” the tax is paid.

Tip for article

Tip: Every property owner is required to register for tax. This can be done by filing a real estate tax return, which can be filed electronically or in paper form. However, the tax return is not filed annually, but only once. When it must be filed and what its requirements are, we have discussed this in a separate article.

Many new property owners wonder why they are asked on their property tax form if they are farmers or fishermen. This is because people who farm and fish have a staggered deadline for paying their taxes – specifically August 31 and November 30.

What happens if you don’t file or pay your property tax on time?

Failure to file or pay your property tax on time puts you at risk of penalties that include penalties and interest on late payments.

  • According to the Real Estate Tax Act, the penalty for late filing begins on the sixth business day after the deadline and is 0.05% of the assessed tax for each day of delay.
  • If the real estate tax is not paid on time, you will not avoid interest on the late payment from the 5th day after the due date. These are equal to the two-week repo rate set by the CNB (currently 0.05%), plus 14 percentage points.
Tip for article

Tip: You will not be fined if the fine does not exceed CZK 200.

What to do if you no longer own the property?

Have you sold or donated a property in the previous calendar year? Then you are no longer liable for property tax. However, you must notify the relevant tax office in good time.

  • §Section 13a(9) of the Real Estate Tax Act states: “If a person who was a taxpayer of real estate tax has lost the status of a taxpayer because during the tax year the ownership or other rights to all real estate in the territorial district of the same tax administrator which was subject to real estate tax with him have changed or these real estate assets have ceased to exist, he is obliged to notify the tax administrator of this fact no later than 31 January of the following tax year.”

There is no prescribed form to opt out of the tax, so a free form letter or a new tax return can be used if you still own any real estate in the zoning district.

Tip for article

Tip: The jurisdiction of the tax office is determined by the location in which the property is located, not by your permanent residence.

Property Tax Return Summary:

  • A tax return must be filed by anyone who acquired real property in any way during the previous calendar year.
  • The obligation also applies to anyone who has sold real property but continues to own other property in the same county.
  • Normally, property tax returns must be filed by 31 January.
  • The tax return must be filed in the county in which the property is located.

Anyone dealing with a property tax form should know that the tax calculation includes not only the value of the property, but also factors based on the size of the municipality or township. If you have just acquired real estate, be sure to also find out if you are subject to any other obligations, such as the real estate transfer tax, which was previously governed by a special law. Although this tax has been abolished, many new owners still mention it when enquiring about tax obligations.

Are you dealing with a property purchase or tax obligations?

At The Affordable Lawyer, we are happy to help you with everything. We will protect your rights, prepare contracts and advise you on the obligations that need to be met. We will guide you through the entire process and make sure everything goes without a single mistake.

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Author of the article

JUDr. Ondřej Preuss, Ph.D.

Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.

Education
  • Law, Ph.D, Pf UK in Prague
  • Law, L’université Nancy-II, Nancy
  • Law, Master’s degree (Mgr.), Pf UK in Prague
  • International Territorial Studies (Bc.), FSV UK in Prague

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