We would like to briefly inform you about the latest developments in the area of top-up taxes.

Czech Republic

On 29 December 2023, Act No. 416/2023 Coll. on top-up taxes for large multinational groups and large domestic groups was promulgated in the Collection of Laws of the Czech Republic (the Czech Republic). This law is effective from 31 December 2023.

The final wording of the Act did not change significantly during the legislative process.

CR:

• will apply the attributed top-up tax,
• introduces a national top-up tax,
• allows the application of temporary/permanent exemptions (safe harbours) both to the attributed top-up tax and (according to the latest interpretations of the Czech tax administration) to the national top-up tax.

We informed you in greater detail about the law on top-up taxes in our September article.

Slovakia

Slovakia has made use of the option to postpone the application of the attributed top-up tax (see also below), but is introducing a national top-up tax.

EU

On 12 December 2023, the EU published Commission Notice (C/2023/1536). This Notice includes Member States that have taken the decision to postpone the application of the income inclusion rule and the undertaxed profits rule (i.e. postpone the application of the attributed top-up tax) because there are no more than 12 ultimate parent groups within the scope of the top-up tax. These are Estonia, Latvia, Lithuania, Malta and Slovakia.

For other members of multinational groups (in the Czech Republic, too), the above may represent additional obligations, where the undertaxed profits rule may be applied.

In addition, on 22 December 2023, the EU issued Questions and Answers on the Minimum Tax Directive, which clarify the interpretations of the EU Directive.

OECD

On 18 December 2023, the OECD published another commentary on Pillar 2 in which, among other things, it also deals with transitional exemptions (safe harbours).

If the issue concerns you, please do not hesitate to contact us. We will be happy to discuss the details and possible impacts on your group with you.