§ 82
Tax Refund to Persons Registered for Tax Payments
in Other Member States
(1) The tax paid as part of purchased goods or services in this country or in the import of goods can be claimed by
a person registered for tax payments in another member state who has not any registered office or business operation
in this country and does not render deliveries for the period for which the tax refund is claimed, with the exception of
deliveries specified in § 66, 68, 69 and 70 and with the exception of deliveries specified in § 15 and § 13 para. 8, if the
person has the obligation to state and pay tax under § 108 of the payer or person identified for the tax for whom the
delivery is made.
(2) The claim for tax refund can be raised by a person registered for tax payments in another member state in
respect of goods and services under similar conditions as those under which the payer can claim its title to tax
deduction.
(3) The title to tax refund arises on the date of submitting a written application on a form prescribed by the
Ministry of Finance. Person registered for tax payments in another member state applies for tax refund to the Financial
Office for Prague 1. The person registered for tax payments in another member state must submit the application
while following some rules:
a) it is to be filled in the Czech language,
b) it must contain tax receipts or documents on the sale of goods or delivery of services issued by the payer,
c) the applicant must submit a document that it is a person registered for tax payments in another member state
issued by a competent authority in the relevant member state where the applicant is registered for tax payments
and this document may not be older than 1 year of its issuing,
d) the applicant must submit a written statement that in the period, for which tax refund is claimed, it met conditions
specified in paragraph 1.
(4) Person registered for tax payments in another member state is in the position of a tax entity for tax refund
purposes under special legislation.
(5) The payer providing taxable delivery is obliged to state on the document on the sale of goods or delivery of
services issued at the request of a person registered for tax payments in another member state:
a) name of the company or name and surname of the person including any amendments, address of registered office
or business operation of the payer who provides the taxable delivery,
b) tax identification number of the payer who provides the taxable delivery,
c) name of the company or name and surname of the person including any amendments, address of registered office
or business operation of the person for whom the taxable delivery is provided,
d) scope and subject of taxable delivery,
e) tax document registration number,
f) date of taxable delivery,
g) tax rate and tax base,
h) tax amount in crowns and hellers, rounded to tens of hellers or fifty hellers, if necessary,
i) total price including tax.
(6) The period for tax refund must cover at least three subsequent calendar months in a calendar year but not
more than a calendar year. The period for tax refund may be shorter than three months only in the event that it is a
remaining portion of a calendar year. The application for tax refund for a remnant of the calendar year can contain the
purchase of goods or services or import of goods that were not included in previous applications but do fall within the
relevant calendar year. The application may not contain tax refunds relating to previous calendar years. The tax refund
application for the current calendar year may be filed by the 30 June of the following calendar year, otherwise the title
becomes void.
(7) If the submitted application is incomplete or there are any doubts as to the accuracy, verity or cogency of the
application, the tax is not refunded until the defects and doubts have been removed.
(8) Persons registered for tax payments in another member state that is entitled to tax refund receive the tax
refund within 6 months from the date following the date of submitting the application or the date of removing defects
in the application. The tax is refunded in amounts rounded to crowns.
(9) Tax will be refunded if the tax refund amount totals
a) at least CZK 7,000 for a period shorter than one calendar year but not less than 3 months, or
b) at least CZK 1,000 for a period of one calendar year or period shorter than three months, if it is the remaining
portion of a calendar year.