In the Czech Republic, the application must be submitted in the Czech language. The respective documents are in the Czech language only.  

The still wine is not exempted from the excise duties. The excise duty on still wine is 0,- CZK in the Czech Republic. The tax return form must be submitted. In order to receive and to use the still wine with the exemption from excise duty, the recipient must have a permission from the Customs Authority.

Within the European Union (EU) there is a free movement of goods. Goods with the customs status of the Union goods are not subject to customs supervision (customs regulations). Transport of goods between EU Member States which are subject to excise duty (other products) are subject to inspection stipulated by the tax legislation. Administrator of the VAT regarding the trade between EU Member States are tax authorities.

The issue of transport of Excise Goods (Selected Products in the Czech Republic) between EU Member States and their taxation by Council Directive 2008/118 / EC of 16 December 2008 concerning the general arrangements for excise duty and repealing Directive 92/12/EEC (hereinafter "Directive 118" ) http://eur-lex.europa.eu/search.html?instInvStatus=ALL&or0=DTS%3D3,DTS%3D0&or1=DTT%3DL&DTN=0118&DTA=2008&qid=1401773947943&DTC=false&DTS_DOM=ALL&type=advanced&SUBDOM_INIT=ALL_ALL&DTS_SUBDOM=ALL_ALL. Taxation of beer, wine and spirits (alcoholic beverages) in the EU by Council Directive 92/83 / EEC of 19 October 1992 on the harmonization of the structures of excise duties on alcohol and alcoholic beverages http://eur-lex.europa.eu/search.html?DTN=0083&DTA=1992&qid=1433136190791&DB_TYPE_OF_ACT=directive&CASE_LAW_SUMMARY=false&DTS_DOM=ALL&typeOfActStatus=DIRECTIVE&type=advanced&SUBDOM_INIT=ALL_ALL&DTS_SUBDOM=ALL_ALL.

Transport of Excise Goods under the free tax circulation procedure regulated by the Commission Regulation (EC) no. 3649/92 of 17 December 1992 under a simplified accompanying document for the intra-Community movement of products subject to excise duty which have been released for consumption in the Member State of dispatch http://eur-lex.europa.eu/search.html?DTN=3649&DTA=1992&qid=1432210845957&DB_TYPE_OF_ACT=regulation&CASE_LAW_SUMMARY=false&DTS_DOM=ALL&typeOfActStatus=REGULATION&type=advanced&SUBDOM_INIT=ALL_ALL&DTS_SUBDOM=ALL_ALL and Commission Regulation (EC) no. 436/2009 of 26 May 2009 laying down detailed rules for the application of Council Regulation (EC) No 479/2008 as regards the vineyard register, compulsory declarations and the gathering of information to monitor the wine market, the documents accompanying consignments of wine products and the wine sector registers to be kept http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02009R0436-20150930&qid=1483691186857&from=EN.

Regulation is directly applicable under the EU regulations. For their application in the Czech Republic do not have to be implemented into national legislation of the Czech Republic. The Directive must be implemented into national legislation. The above directives are incorporated into the Act no. 353/2003 Coll., on Excise Duties, as amended (hereinafter the "Act 353").

In § 4 para. 5 of Act 353 is specifying the quantity of Excise Goods (hereinafter "EG") placed in free tax circulation in the tax territory of the Czech Republic and intended for personal consumption, in which the need not prove to taxation. That means, if it not the EG for business purposes, the person that these EG in this amount stored or transported, may not have document according to § 5 of act 353. In assessing whether EG are designed for business or for personal consumption tax administrator may decide that for EG intended for personal use can be considered also a larger quantity than is specified in § 4 para. 5 of Act 353.

Next information will be for the EG transported for business purposes.

In the case of movement EG after release for consumption in another EU Member State to the tax territory of the Czech Republic, a person who receipt EG the must register as a taxpayer with the local tax authorities (customs office), notify movement, what and amounts EG have be transported and a guarantee provide on relevant excise duties.

The tax period is for EG according to § 17 of Act 353 calendar month, except for EG imported from third countries. Rates of excise duty on wine and intermediate products are set out in § 96 of Act 353 on alcohol in § 70 of Act 353 and on beer in § 85 of the Act 353.

For beer are a several excise rates depending on the size of the brewery (annual production volume of beer). In the case of movement to or from another EU Member State is necessary the certificate of the size of the brewery for the applied of the reduced rate of tax on beer. The certificate issued by the tax authorities. When is movement realized under an exemption (from / to a tax warehouse), this information is put into a document EAD (electronic accompanying document).

Movement of EG after release for consumption under the regulation § 29-31 of Act 353. The recipient / sender EG has the obligation to notify the competent tax authorities (customs office). Movement of EG after release for consumption is realized without of permit.

EG after release for consumption may be among the Member States of the EU or through the tax territory of another Member State of the EU conveyed only with the SAD document (simplified accompanying document) http://www.celnisprava.cz/cz/dane/tiskopisy/Doklady%20pro%20dopravu/EU_SAD1a.pdf.

Still wine can be transported in the Czech Republic with an accompanying document for the transport of wine products or commercial document (invoice, delivery note) pursuant to Government Decree no. 143/2015 Coll., On the particulars of accompanying documents for carriage of wine products on the territory of the Czech Republic.

Taxpayers who move the EG after release for consumption in the tax territory of the Czech Republic to another Member State shall become entitled to a reimbursement under the conditions specified in § 14 of the Act 353.

Movement under a duty suspension arrangement (document eAD) regulate §§ 24-28 of the Act 353. The person who receipt of EG under a duty suspension arrangement need a permit to operate a tax warehouse according to § 19a et seq. Act 353 or permit for a receipt EG according to § 22 et seq. Act 353 or permit for single receipt EG according to § 23 et seq. Act 353 (at the moment of receipt of EG this permit expires - § 23c of Act 353).

Electronic transmission of documents accompanying the movement of EG under a duty suspension arrangement allows the Excise Movement and Control System (hereinafter "EMCS"). To access into the EMCS is required permits for electronic communication with customs Office http://www.celnisprava.cz/cz/dane/spd-system-emcs/Stranky/default.aspx. On this page are also published further information on movement of EG under a duty suspension arrangement.

Requests for authorization are charged according to the tariff Part I, Item 1 point 1 point. h) of the Act no. 634/2004 Coll., on administrative fees, as amended, the amount of CZK 1,000. The authorization procedure is conducted according of §§ 43a to 43q Act 353. According to § 43i of Act 353 the period for processing the application is 60 days.

Store and send EG under a duty suspension arrangement may only operator of the tax warehouse.

Ethyl alcohol / spirits, which are subject to the compulsory labeling of ethyl alcohol according to Act no. 307/2013 Coll., On the compulsory labeling of ethyl alcohol, as amended (hereinafter the "Act 307"), must be labeled a control tape for labeling of ethyl alcohol no later than the time of its introduction into release for consumption in tax territory of the Czech Republic. Ethyl alcohol can be labeled only on the place, which is mentioned in the decision on registration of persons to the compulsory mark ethyl alcohol, issued by the tax authorities, such as the copier instead of ethyl alcohol. Place to the labeling of ethyl alcohol may be in Czech or by foreign supplier ethyl alcohol.

From a tax territory CR may be ethyl alcohol transported under the provisions of § 12 para. 1 of Act 307, only unlabeled the Czech control tape for labeling ethyl alcohol.

Person of compulsory labeling of ethyl alcohol must be registered according to the Act 307. One of the conditions this registrations is a provide bail.

Pursuant to § 19 of Act 307, the person the compulsory labeling of ethyl alcohol is required to provide bail in the amount of:

- CZK 100 000, entitling during one calendar year to take control tapes, which can be labeled a maximum 2,000 liters of ethyl alcohol,

- CZK 500 000, entitling during one calendar year to take control tapes, which can be labeled more than 25 000 liters of ethyl alcohol, or

- 5,000,000 CZK, entitling during one calendar year to take control tapes, which can be labeled more than 25,000 liters of ethyl alcohol.

 

In the event that the person compulsory labeling of ethyl alcohol provide bail in the amount of CZK 100 000, in one calendar year can not to release for consumption ethyl alcohol in consumer packaging with a volume of up to 0.06 liters in quantities greater than 500 liters of ethyl alcohol.

Unused of returned control tapes are of that annual amount deducted. Dealing with control tapes and returning control strips is regulated by Decree no. 334/2013 Coll., To implement certain provisions of the Act on mandatory labeling of spirits, as amended.

Suitability of place to the labeling of ethyl alcohol and its amenities tracking device are governed by the provisions of §§ 21 and 22 of Act 307. Cases where the labeling of ethyl alcohol is prohibited are specified in § 12 of the Act 307.

Distance selling is regulated by Article 36 of the Directive 118. EG placed in free tax circulation shipped to another EU Member State are subject to excise duty in the Member State of destination (delivery of the consignment or transport). Conditions for dispatching EG are different in the EU Member States. In the Czech Republic is sending EG (after release for consumption) in the territory of another EU member state governed by §§ 33k and 33l of Act 353. Accordance § 33k of the Act 353 must have notification to the tax authorities about dispatching EG on the territory of another EU Member State a fixed content and must be done before dispatching EG. The blank for this announcement does not exist.

Ban and restrictions on the sale and serving of alcoholic beverages are regulated by § 11 of Act No. 65/2017 Coll., On the Protection of Health from the Harmful Effects of addictive substances, as amended.

Forms for registration, authorization procedures and forms for movement EG are available at: https://www.celnisprava.cz/cz/dane/tiskopisy/Stranky/danove-tiskopisy.aspx.

Further information on the authorization procedure can be found at: https://www.celnisprava.cz/cz/dane/tiskopisy/Stranky/povoleni_spd.aspx.

Further background information can be obtained from the relevant administrator of excise duties (customs office). Contact details of the various customs offices are located here http://www.celnisprava.cz/cz/aplikace/Stranky/scu.aspx.

Laws, regulations and ordinance of government can find here http://www.zakonyprolidi.cz.

EU regulations can find here http://eur-lex.europa.eu.

 

This page was published on: 11/21/2017 10:59 AM