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Czech Republic 鈥� Changes in Employee Income Taxation in 2024

GMS Flash Alert 2024-031 | February 1, 2024

罢丑颈蝉听GMS Flash Alert聽describes some of the significant changes by virtue of the recently approved amendment in respect of the income tax law1, social security legislation2, and the Labour Code3聽in the Czech Republic, that affect the way employees' incomes are taxed from 1 January 2024

WHY THIS MATTERS

The recent amendments to the income tax law1聽and related employment legislation in the Czech Republic have profound implications for the tax treatment of employees鈥� income. 聽

The lowering of the income threshold for the progressive tax rate affects higher-income individuals, potentially leading to increased tax liabilities. 聽Changes in the taxation of leisure-related benefits-in-kind and the unified treatment of meal allowances may impact compensation structures and employee decisions. 聽Discontinuation of certain tax credits and deductions alters the landscape of incentives and could impact the decisions taxpayers make in several areas (e.g., union membership, child-care, and education).

Major changes have been introduced to the taxation of various employees鈥� share/option plans.

Beyond tax rates, these changes may prompt a re-evaluation of compensation structures, benefits, and tax planning strategies for individuals 鈥� including international assignees subject to Czech tax law 鈥� and businesses in the Czech Republic.

More Details

Many of these changes were first discussed in聽GMS Flash Alert听2023-227, 30 November 2023.

Tax Rate

The income threshold for applying the聽23-percent tax rate聽has been reduced to 36 times the average wage on an annual basis (CZK 1,582,812) and three times the average wage on a monthly basis (CZK 131,901). 聽A 15-percent rate will continue to apply to income below this threshold.

Tax Exemption of Leisure-Related Benefits

Non-financial benefits provided to employees for their leisure activities (e.g., culture, sports, medical devices, books) are now exempt only up to half of the average annual wage, which聽is CZK 21,983.50聽for 2024. 聽Non-financial benefits above this limit are subject to tax and insurance contributions.

This limit does not apply to the non-financial income of employees and their family members from participation in an occasional sporting or cultural event organised by the employer if, given the nature of the event, it is customary for the employer to organise such events, and that its form and scope are appropriate.

The General Financial Directorate has issued its 鈥淢ethodological Guidance on the Taxation of Benefits and Other Types of Performance Provided by Employers to Employees from 1 January 2024鈥�.4聽聽This is an extensive and complex document for taxpayers that in practice may raise further questions.

Meal Allowances for Employees

For employees, the tax treatment of meal allowances provided both in financial and non-financial forms has been unified: both forms are equally exempt from tax in aggregate up to 70 percent of the upper limit of the meal allowance that can be granted to employees for domestic business trips lasting between five and 12 hours. 聽For 2024, an allowance of聽CZK 116.20聽is thus exempt from tax. 聽The exemption is conditional on the employee having worked at least three hours per shift, or at least three hours per calendar day for employees without set shifts (e.g., members of corporate bodies), and, simultaneously, no entitlement to a meal allowance having arisen to the employee as part of the travel allowance during his/her business trip. 聽However, the employee shall be entitled to an additional tax-exempt allowance (in the same amount) if his/her shift including breaks (in accordance with the Labour Code) exceeds 11 hours in total (11 hours per calendar day for employees without set shifts).

According to the interpretation of the law, minor refreshments provided to employees for consumption at the workplace shall not be included in the limit for tax-exempt allowances.

Tax Credits and Items Deductible from the Tax Base

Individuals will no longer be able to claim in their 2024 Czech personal income tax returns or year-end settlements:

  • membership fees paid to trade unions and fees paid for exams verifying the results of further education as items deductible from the tax base;
  • a tax credit for placing a child into pre-school facilities;
  • a tax credit for being a student (which can also no longer be claimed within the monthly payroll).

The tax credit for a dependent spouse will only be available from 2024 if the spouse has an income of up to聽CZK 68,000聽per year and is also caring for a child under the age of three living in a jointly-managed household.聽

Vehicles Provided for Employee鈥檚 Business and Private Use

An employee鈥檚 taxable income is reduced where the employee is provided with an emission-free company vehicle for business and private purposes. 聽The monthly taxable income is therefore determined as follows:

  • 1% of the input cost of a vehicle;
  • 0.5% of the input cost of a low-emission vehicle;
  • 0.25% of the input cost of a zero-emission vehicle.

Lump-Sum Compensation for Remote Work

The tax-exempt lump-sum compensation of expenses related to remote work (home office) which employers can provide in accordance with the Labour Code will be reduced from CZK 4.60 to聽CZK 4.50聽per hour from January 2024.聽

Increase in the Maximum Annual Assessment Base

Unlike the reduction of the income threshold for applying the progressive tax rate, the maximum assessment base for social security contributions remains at 48 times the average wage, i.e.,聽CZK 2,110,416聽for 2024. 聽Above this income, no social security contributions are payable by employees and employers.

Minimum Wage Increase

From January 2024, the minimum wage has increased from CZK 17,300 to聽CZK 18,900. 聽Consequently, the minimum monthly assessment base for the payment of health insurance contributions for employees and the income threshold for the entitlement to a tax bonus for a child have also increased. 聽The minimum guaranteed hourly wage has been increased to CZK 112.50.

Introduction of Employee Contribution to Sickness Insurance

Employees now contribute 0.6 percent of their assessment base to the sickness insurance scheme, resulting in an increase in their total social security and health insurance contributions from 11 percent to聽11.6 percent.

Employer and Employee Contributions to Private Insurance Products

Employers and individuals may contribute to two new tax-efficient insurance products 鈥� a long-term investment product and long-term care insurance.

If the conditions of the law are met, contributions to the following schemes will be tax-efficient:

  • supplementary pension insurance with state contribution, additional pension savings and pension;
  • insurance;
  • private life insurance;
  • long-term investment product;
  • long-term care insurance.

On the employee鈥檚 part, the total of the employer's contributions to all products not exceeding CZK 50,000 per year remains exempt from tax. 聽Contributions paid during the year by individuals for specified products can be claimed in their Czech personal income tax return or year-end tax settlement in the total amount of聽CZK 48,000聽per year.

乐鱼(Leyu)体育官网 INSIGHTS

The new rules are intended to raise additional revenues for the state treasury of the Czech Republic.聽 Companies with individuals assigned to/from the Czech Republic will need to take into account the above-mentioned changes in their international assignment budgeting, and they also should consider communicating accordingly with affected individuals, as well as with key stakeholders, so that they can properly plan, budget, and make necessary adjustments.

If employers and / or their mobile employees have concerns about how the proposed measures could impact them, they should consult with their qualified tax professional or a member of the Global Mobility Services team with 乐鱼(Leyu)体育官网 in the Czech Republic (see the Contacts section).

Change in Taxable Moment for Employees鈥� Share/Option Plans

The new rules apply to income flowing to employees from the acquisition of an interest/share or a transferable option in a business corporation that is their employer or its parent, subsidiary, or affiliated corporation. 聽(For prior coverage, see聽GMS Flash Alert听2023-229, 1 December 2023.)聽 Starting from 1 January 2024, such income will be taxed at the time when:

  • the employee ceases to carry out employment for the employer, its parent, subsidiary, or capital-related person or its legal successor;
  • the employer enters into liquidation;
  • the employee or employer ceases to be a Czech tax resident;
  • the share or option is transferred;
  • the option is exercised;
  • a share exchange occurs in which the total nominal value of the employee鈥檚 shares changes; no later than 10 years after the acquisition of the share or option.

Employees are now required to inform their employers of the transfer of a share or an option before the end of the calendar month in which the transfer took place so that employers can make relevant monthly payments.

According to information from the Ministry of Finance, the term 鈥榚mployer鈥� includes not only legal but also economic employers within the meaning of the聽Income Tax Act. 聽Thus, for foreign employees assigned to work in the Czech Republic for a Czech economic employer, the point of time of taxation of income from employee stock/option plans may occur, e.g., upon the termination of their assignment.


乐鱼(Leyu)体育官网 INSIGHTS

While the taxable moment has mostly been shifted to the future (postponed), the change has not been reflected in Czech insurance laws, and the payments of social security and health insurance contributions remain regulated in the old way (e.g., when shares are allocated to an employee) which聽results in a discrepancy between the time of taxation and the time when the duty to pay the contributions arises.

The changes in the relevant social security and health insurance laws should be adopted within the next few months. 聽

Employers that have implemented or are considering implementing employee share or stock option plans may wish to re-evaluate their plans in light of the new legislation.聽 While the new legislation helps some employees by allowing them to defer taxation of their employment income realised from share or stock option plans, there are still many unclear issues, namely for cross-border employees.聽

Contacts

Lenka Novakova

Manager

乐鱼(Leyu)体育官网 in Czech Republic

Iva Krakorova

Manager

乐鱼(Leyu)体育官网 in Czech Republic

Additional resources

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Footnotes

1聽 Act of the Czech National Council on Income Taxes No. 586/1992 Coll.听补迟:听

2聽 Act on Social Security Premiums No. 589/1992 Coll. at -聽

3聽 Labour Code No. 262/2006 Coll. at -聽

4聽 Methodological guidance of the General Financial Directorate (in Czech) at:聽


CZK 1 = EUR 0.040

CZK 1 = USD 0.0437

CZK 1 = GBP 0.034

CZK 1 = CHF 0.0375

Source: www.xe.com聽

The information contained in this newsletter was submitted by the 乐鱼(Leyu)体育官网 International member firm in the Czech Republic.


Disclaimer

The information contained in this newsletter was submitted by the 乐鱼(Leyu)体育官网 International member firm in the Czech Republic.

GMS Flash Alert is a Global Mobility Services publication of the 乐鱼(Leyu)体育官网 LLP Washington National Tax practice. The 乐鱼(Leyu)体育官网 name and logo are trademarks used under license by the independent member firms of the 乐鱼(Leyu)体育官网 global organization. 乐鱼(Leyu)体育官网 International Limited is a private English company limited by guarantee and does not provide services to clients. No member firm has any authority to obligate or bind 乐鱼(Leyu)体育官网 International or any other member firm vis-脿-vis third parties, nor does 乐鱼(Leyu)体育官网 International have any such authority to obligate or bind any member firm. The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation.

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