Corporate minimum tax returned to the Income Tax Act in 2024. The consolidation package, Act No. 261/2025 Z. z., added another band from 1 January 2026 and substantially increased it for the largest businesses.
The new bands
Under § 46b(2) of the Income Tax Act, as effective from 1 January 2026, minimum tax is based on taxable income or revenue for the tax period:
| Taxable income (revenue) | Minimum tax |
|---|---|
| Up to EUR 50,000 | EUR 340 |
| Over EUR 50,000 to EUR 250,000 | EUR 960 |
| Over EUR 250,000 to EUR 500,000 | EUR 1,920 |
| Over EUR 500,000 to EUR 5,000,000 | EUR 3,840 |
| Over EUR 5,000,000 | EUR 11,520 |
Until the end of 2025, there were four bands, with the highest simply covering revenue above EUR 500,000 at EUR 3,840. The amendment split that band and tripled the amount above EUR 5 million. The new rules first apply to a tax period beginning no earlier than 1 January 2026.
The amount depends on taxable income or revenue, not profit. A loss-making business with high turnover pays under the same band as a profitable one.
When it is payable
Minimum tax is payable for each period in which the tax calculated in the return is below the prescribed amount or a tax loss is reported. It is due by the tax return deadline.
It is reduced by half where the average registered number of employees with disabilities is at least 20% of the total average registered workforce (§ 46b(3)).
Who does not pay?
Section 46b(7) exempts in particular:
- Newly established taxpayers for their first period, with a major exception discussed below.
- Taxpayers during liquidation or bankruptcy.
- Operators of sheltered workshops or sheltered workplaces.
- Registered social enterprises.
- Taxpayers from the period in which they receive notice of commencement of company dissolution proceedings.
- Land communities meeting the statutory conditions.
The exception affecting transformations
The exemption for a newly established taxpayer is qualified. § 46b(7)(a) exempts a taxpayer first required to file for the period in which it was established, except a legal successor of a taxpayer dissolved without liquidation.
A company formed through a merger by formation of a new company or a full division into newly formed companies therefore pays minimum tax in its first period. Transformation planning often overlooks this because the new company appears to “start from zero”.
The choice of accounting effective date amplifies the effect. For a period shorter than twelve months, minimum tax equals one twelfth of the amount multiplied by the number of calendar months. The effective date therefore determines not only accounting treatment but also the amount payable.
Tax credits and their expiry
The positive difference between minimum tax and tax calculated in the return can be credited in no more than three immediately following tax periods, and only against the portion of liability exceeding minimum tax (§ 46b(5)).
The entitlement expires on dissolution without liquidation, entry into bankruptcy or entry into liquidation (§ 46b(8)).
This directly affects transactions. If a target has unused credits and a merger is planned, their value disappears rather than passing to the successor. They cannot therefore be priced as an asset, and this is one of our due diligence questions.
The same applies to liquidation: if credits exist, consider timing, because nothing can be done with them once liquidation begins.
Practical points
- Above EUR 5 million taxable revenue, minimum tax is EUR 11,520 from 2026 instead of EUR 3,840.
- Revenue, not profit, determines the band; losses do not reduce it.
- A merger successor pays from its first period.
- The accounting effective date affects the first period’s length and the amount.
- Unused credits expire on merger, bankruptcy or liquidation.
We prepare transformations through mergers and acquisitions, including the project and accounting effective date, and compare liquidation before choosing the route. We are not tax advisers: they calculate the tax; we structure the transaction and timetable with these consequences in mind.
This article provides general legal information as at 10 August 2026. It does not constitute legal services or advice on your specific matter. Laws change and the details of your situation may differ. Check the appropriate course of action or contact us before making a decision.
