25.10.2023
Unfortunately, not every business is successful or promising. If yours is not bringing you the joy, money or anything else you originally expected, you may be considering closing it. What does it take legally, time-wise and financially to dissolve a business license?
Don't terminate just interrupt
You can interrupt your trade for any length of time and if you decide to return to the business at some point in the future, you can renew your trade again and continue your business. If there is even a slight possibility that you will return to the business at some point, even if in a different form, this is certainly a better option, as it avoids the CZK 1,000 fee for setting up the business again. You only have to report the interruption to the Trade Licensing Office, there is no need to explain or prove anything.
When you decide to terminate your trade licence
If you are adamant that your business has been a dead end and you will never rebuild it in the future, then a real and final closure of the trade is in order. However, along with the trip to the trade office, think about other important steps.
Deal with your employees
Most sole traders work for themselves, so the livelihood of other people is not tied to them (except for their own family). However, if you are one of the minority who employ other people, you need to think about terminating the ties with them as well. While termination of a trade is one of the reasons under the Labour Code when you can give notice, it also comes with other obligations such as two months' notice and payment of severance pay of up to three times the average salary (depending on how long the employee has worked for you). In this situation, the employment relationship can also be terminated by a termination agreement, but the employee must agree to it.
Sort out your debts and liabilities
If you have outstanding debts or liabilities, it is definitely advisable to invoice or pay everything before you close the business. However, if you were to close the business and fail to pay an invoice, you are unlikely to avoid paying it anyway, as the amount owed would probably be recovered from you even after the business has closed.
Termination at the Trade Licensing Office
The termination of a trade must first of all be notified to the central registration point (CRM) (trade offices, Czech POINTs). For this purpose, a special form called a change sheet is filled in, which is also used in cases where, for example, the name, address or other important data related to the business changes. You can fill in the change sheet directly at the trade office or Czech POINT. You will list here all the trades you wish to close. If you reported more than one trade at the beginning of your business, then you must terminate each trade individually. The declaration can be made by:
in person at a central registration point - An application for termination of a trade licence can be made at any trade office throughout the country, as local jurisdiction has been revoked. The registration in the trade register will be made by the trade office that received the application first.
online (with an electronic signature, or to a data box), or send the completed and signed form to the relevant trade licensing office by post.
You can cancel your trade on the date you fill it in, or you can choose a later date. However, it is not possible to end a trade retrospectively. If you do not fill in any date and leave this box blank, the trade will be terminated on the date the decision to terminate it becomes final (this is the 16th day after the decision is issued or delivered to you). From the date of receipt of the decision, you have 15 days in which to lodge an appeal. However, you can also waive your right to appeal and thus shorten the time limit considerably.
After the termination of the trade, information about your business will remain available and visible in the public trade register for 4 years. After this period, it will be moved to the non-public part of the register.
Tip: You can also notify other institutions, such as the Tax Office, the health insurance office or the district social security office, of the closure of your business via the change certificate. This will save you a lot of time and work.
Please note that you are still obliged to pay social security and health insurance contributions, as well as to keep accounting or tax records during the waiting period in which the trade office assesses your application. The waiting period is up to 30 days, during which you are still considered an entrepreneur.
Bypass other authorities
Unless you have taken our well-intentioned advice and notified the other authorities of the end of your business via the change sheet, you must now inform all these places individually. They have different notification deadlines, so plan your visits so you can get everything done in time.
Notify the health insurer within 8 days of closing your business.
Notify the tax office by the 15th day after you close your business.
Submit the notification to the district social security office no later than the 8th day of the month following the month in which the business was closed.
If you fail to meet the deadlines and thus breach your notification obligation, you may be fined up to CZK 10,000. The good news is that you don't have to pay anything to close your business. The authorities will provide all services free of charge.
Don't forget to file your tax return next year
Don't forget to submit your tax returns and reports to the district social security office and health insurance office on time and correctly in March next year, even if you are already a full-time employee, for example. In this case, your employer will not process the taxes for you and it is up to you or your tax adviser or accountant.