What to Do If You Missed Your Tax Return Deadline?

The period leading up to the deadline for electronic tax return filing is often a time of increased stress, pressure, and unexpected complications for many entrepreneurs, especially for accounting firms.

While the official deadlines may seem generous at first glance, in practice, many unforeseen circumstances can prevent the timely and correct submission of a tax return.

These may include delays in receiving documents from the client, illness or staff shortages within the accounting team, or a sudden increase in workload at the end of the reporting period.

In such cases, it is essential to understand what legal options are available, what alternatives the entrepreneur or accountant can consider, and how to minimize the risk of penalties and sanctions.

Who Is Required to File a Tax Return in the Czech Republic?

The obligation to file a personal income tax return applies not only to self-employed individuals but may also extend to employees, students, pensioners, or other taxpayers who received taxable income during the tax period.

Most commonly, this duty applies to self-employed persons, even if they conduct business only as a secondary activity, such as alongside employment.

In addition, a tax return must be filed by individuals who received income from rent, capital assets, or other sources if the total annual amount exceeded the threshold – CZK 50,000 in 2024. The obligation also applies to employees who had multiple employers simultaneously during the year or whose employers did not perform an annual tax reconciliation.

Legal entities, unlike individuals, are required to file a tax return without exception, regardless of the amount of income, profit, or loss. However, each situation must be assessed individually, as the law provides for certain exceptions.

Key Deadlines for Filing a Tax Return

The Income Tax Act sets out several different deadlines for filing a tax return, depending on how the return is submitted and who is submitting it.

The legal framework is specified in the Tax Code, specifically in § 136, paragraph 1 and onwards, which states:

“A tax return for taxes assessed over a tax period of at least 12 months must be filed no later than three months after the end of the tax period. The deadline for filing the tax return under paragraph 1 is extended to:

• 4 months after the end of the tax period, if the tax return was not filed within three months of the end of the tax period but was later submitted electronically, or
  
• 6 months after the end of the tax period, if the taxpayer is legally required to have their financial statements audited, or if the tax return was not filed within three months and was later submitted by a tax advisor.”
  

The standard deadline for submitting a paper tax return is 1 April of the following year (i.e., within three months after the end of the tax period). For returns for the year 2024, this means the deadline is 1 April 2025.

If the taxpayer submits the return electronically, for example via a data box or through the MOJE daně tax portal, the deadline is extended by one month, until 2 May 2025.

An additional deadline, which may be especially convenient for many entrepreneurs, applies when a tax return is prepared by a tax advisor based on a power of attorney granted by the taxpayer. In that case, the deadline for submission is extended to 1 July 2025.

Tax Return Submission Delay with a Tax Consultant

One of the most common legal ways to gain extra time for preparing and filing a tax return is to use the services of a tax consultant.

In such cases, the law allows the tax return to be submitted by 1 July of the following year (i.e., within six months after the end of the tax period), provided the taxpayer grants a power of attorney authorizing the consultant to represent them before the tax authority. This power of attorney can be submitted together with the tax return.

This option is especially useful for entrepreneurs with complex business operations, detailed financial statements, or a large volume of documentation that requires additional time to process.

In addition to the extended deadline, working with a tax consultant often provides greater legal certainty that the tax return will be correctly prepared in full compliance with current tax legislation.

For legal entities required to have their financial statements audited, the deadline for filing a tax return is 1 July, regardless of whether they are represented by a tax consultant.

Submitting After the Deadline Without Penalties

Section 250, paragraph 1 of the Tax Code provides for situations in which a taxpayer misses the tax return deadline, but the delay is minor.

If the tax return is submitted within five working days after the statutory deadline, the tax authority will not automatically impose a penalty for late filing, even without a formal request. This so-called “grace period” offers some flexibility and can be especially helpful in cases of short delays caused by, for example, system outages, mailbox errors, or late delivery of documents.

However, the best option remains to submit and pay on time, or at least within the five-day grace period, to minimize the risk of penalties.

What to Do If You’ve Missed the Deadline

If a tax return is not submitted either by the statutory deadline or during the five-day “grace period,” the financial administration will impose penalties. Most often, this means a late filing penalty.

According to the law:

“A taxpayer must pay a penalty if they fail to file a tax return or an additional tax return when they are required to do so, or if they file it after the deadline and the delay exceeds five working days. The penalty is calculated as:

• 0.05% of the assessed tax for each additional day of delay, up to a maximum of 5% of the assessed tax;
  
• 0.05% of the assessed tax deduction for each additional day of delay, up to a maximum of 5% of the deduction; or
  
• 0.01% of the declared tax loss for each additional day of delay, up to a maximum of 5% of the tax loss.”
  

If the penalty for late filing is less than CZK 1,000, the taxpayer does not have to pay it, and the tax authority will not impose it. The maximum possible penalty is CZK 300,000.

If a taxpayer fails to file a return when required and does not file it at all, even within the extended timeframe, the penalty will be calculated using the maximum percentage rates outlined above. In this case, the minimum penalty is always CZK 500.

In addition to the late filing penalty, interest on late tax payment may also be charged.

If the delay was caused by illness, a natural disaster, or another objective obstacle, the taxpayer may request remission of the penalty or interest. However, they must be able to prove the reason and submit supporting documentation.

📌 Missed a deadline or unsure how to proceed? Contact us through our website for a consultation – our experts will be in touch shortly to help you navigate it with confidence.

Source:

https://www.podnikatel.cz/clanky/nestiham-podat-danove-priznani-ani-elektronicky-co-s-tim