Law on the amendment of the tax on the stock market, the exchange of profits and various other laws

(Abandal taxation of shares and deduction for loss of goods credits to foreign corporations)

We, by God's grace, the Queen of the Danes, do our thing.

The parliament has adopted the following law, and we know that the following law has been approved by Parliament's consent :

§ 1

In the case of the tax treatment of profit and loss in the balance of shares and so on. (Asset Taxation Act), cf. Law Order no. 1274 of 31. October 2007, as amended by Section 2 of Law No 335 of seven. May 2008, section 1 of the law. 530 of 17. June 2008 and section 1 of the Law No 532 of 17. June 2008, the following changes are made :

1. I § 37, 1. pkt., the words ', cf. However, section 40.

2. The headline before section 38 "Selmaker and other people" ITREAS : "Personnel."

3. § § 38-40 the following shall be inserted and replaced by :

" § 38. The profit and loss of shares covered by the rules laid down in this Act shall be deemed to be implemented if the profit or loss relates to a stock subject to Danish taxation, and the Danish tax-rights are terminated for the purposes other than the death of the taxable person, cf. however, paragraph 1 Two and three. However, at the time of the withdrawal of paragraph 44, the loss and loss of shares which, at the time of termination of the tax obligation, have been owned for less than 3 years, shall not be considered as a reality after 1. Act. When, in accordance with the provisions of a double-tax agreement concluded between Denmark and a foreign state, the Faroe Islands or Greenland are indigenous to the outside of Denmark, this shall be equivalent to the application of the rules laid down in 1. pkt., paragraph 2-5, and section 39-39 B, with the termination of tax duty.

Paragraph 2. The rules of paragraph 1. Paragraph 1 shall apply only to persons at the time of the termination of the tax obligation to have a stock of shares with a total value of 100 000 DKK 100. or more, unless there is a share of shares with a negative purchase of purchase.

Paragraph 3. The rules of paragraph 1. 1 shall apply only to persons who have been taxable in accordance with the same amount of the source tax, in one or more of the shares in one or more periods of not less than seven years in the past 10 years prior to the tax-duty termination. The rules of paragraph 1. However, 1 shall also apply if the shares have been obtained from the spouse of the taxable man and this satisfies the conditions laid down in 1. Act. In addition, the rules applicable to persons who, by the acquisition of shares after sections 34 and 35, have been entered into the tax position of the transferor, and in respect of shares acquired by a tax-free enterprise, where the person owned by himself is a tax-free enterprise ; acquired by success.

Paragraph 4. Gains and losses deemed to have been fulfilled in accordance with paragraph 1. However, in accordance with the rules of section 23 to 29 and 47, the value shall be replaced by the end of the tax obligation instead of the sum of payment. In the case of shares, the taxable price may instead choose to make the taxable profit as the difference between the exploitation rate and the market rate of the stock concerned at the time of the termination of the taxman. However, losses that may have been deducted after sections 13, 14 and 17-22 may be deducted only in the stock of shares held in accordance with paragraph 1. 1.

Paragraph 5. Tax of the total net profit shall be calculated in accordance with paragraph 1. 4 which shall be deemed to be implemented in accordance with paragraph 1. 1. The payment of the total calculated tax in accordance with the rules in section 39 and section 39 A shall be granted when the profit or loss of tax duties shall be established in accordance with the principle of application.

§ 39. Persons can obtain a payment of the total calculated tax, cf. § 38, paragraph. 5, when the due is due to the termination of tax to the section 1 of the source tax, or that, in accordance with the provisions of a double-tax agreement, the person has become a non-Danish home party, cf. § 38, paragraph. ONE, TWO. Act.

Paragraph 2. Destanding by paragraph Paragraph 1 shall be subject to the fact that the tax on non-relocation etc. shall be submitted to customs and tax administration. A inventory plan must be submitted, cf. § 39 A, paragraph. 1, together with the tax return. shall be given that postponement of the tax return on the section 4 (4) of the tax control Act. 4, the submission and inventory records shall be submitted within the time limit.

Paragraph 3. The person ' s relocation etcetera shall be the subject of the person ' s relocation etc. to a country not covered by the 7 Convention. In December 1989, between the Nordic countries on aid in tax matters or Council Directive 76 /308/EEC of 15. in March 1976, as amended by Council Directive 79 /1071/EEC of 6. December 1979, Council Directive 92 /108/EEC of 14. December 1992 and Council Directive 2001 /44/EC of 15. In June 2001, the reference to paragraph shall be paragraph 1. 1 further conditional on the provision of reassuring security. The security shall be proportionate to the chaperone amount and may be placed in the form of shares, bonds covered by trade in a regulated market, bank guarantees or other reassuring security following the rule of the fiscal line.

Paragraph 4. Entering selfcation and inventory, cf. paragraph 2, not in a timely manner, the right to hold shall be suspended and the tax shall be deemed to be due at the time the tax would be due if no reference was made. The tax is rounded by the interest after paragraph 7 (4). 2, on the levying of taxes and levies, etc., with a percentage of 0,4 percentage points per. started month from this point in time.

Paragraph 5. Customs and tax administration may disregard the deadline for the submission of tax and stock records as referred to in paragraph 1. 2, cf. paragraph 4.

§ 39 A. A stock exchange overview shall be drawn up of the shares to which the person is the owner of the time of fraction. Stock where the calculated tax, cf. § 38, paragraph. However, 5 is not to be included in the inventory summary view. In the case of a subsequent tax-free stock exchange, merger or division, the shares acquired with success shall be included in the inventory. In addition, a chaperone balance is established, calculated by the total calculated tax (the amount of the amount). The amount of the aid shall be due in accordance with the rules laid down in paragraph 1 2-10.

Paragraph 2. Where the shares included in the inventory are made, an inventory of profit or loss shall be made. No inventory shall be made in respect of the balance of shares which were covered at the time of fraction covered by Section 44. The decision is made per head. pass the stock and shall be made on the basis of the amount of the stock ' s acquisition sum and the sum of the sum. Acquisition sum included in the stock price of the stock, which was included in the calculation after paragraph 38 (3). 4, as a maximum amount of loss can be made up to the difference between the value of the asset at the time of framing and the sum of the sum. In the case of the abstention, they shall be deemed to have acquired shares only for the first supposed. In the payment of benefits, the rule shall be found in paragraph 1. 3 use, and in the case of losses, the rule shall be found in paragraph 1. 4 use.

Paragraph 3. Tax is calculated from the upright benefit according to the rules of Section 8 (a) of the person tax. The calculated tax shall be deductible from taxes paid to a foreign state, the Faroe Islands or Greenland, in accordance with the rules of section 33 (3) of the body of the body. 1. The calculated tax on taxes paid abroad is due to excess amount for payment. The chaperone balance shall be written down by the amount when it is paid.

Paragraph 4. A negative tax value is calculated from the loss of losses on the basis of the rules of Section 8 (a) of the person tax. The chaperone balance shall be reduced by an amount equal to the negative tax value calculated. In the case of the foreign rules covered by the subject, a loss to be made by the person in respect of the country concerned shall be calculated by a negative tax value. An amount corresponding to the calculated negative tax value is due for payment. The chaperone balance shall be written down by the amount when it is paid.

Paragraph 5. In the case of shares of the issuer company, cf. Section 16 B of the body of the body and on the receipt of the profits of shares, cf. The section 16 A, which is part of the inventory ' s inventory, shall be calculated according to the rules of Section 8 of a person ' s tax. Tax deduction shall be deductible in the calculated tax on taxes paid to Denmark and deduction under the rules of section 33 (3) of the body of the body. 1, for taxes paid to foreign state, Faeroes or Greenland. Inherit the estimated tax sum of the Danish and foreign paid taxes, the excess surplus shall be payable. The chaperone balance shall be written down by the amount when it is paid. In addition, the chaperone of the chaperone with taxes paid to Denmark is being reduced.

Paragraph 6. In other outlines and dispositions made of a company in which shares in the company are included in the inventory and where the enclosure or enclosure will be able to affect the stock exchange value of the shares in downward direction, the tax will be calculated after the rules of Section 8 of the category of persons. This applies both to the outlines to the person and to other outlines and dispositions that may be assumed to be in the interest of the person concerned. Tax deduction in the calculated tax shall be deductible from Danish taxes and deductions according to the rules of section 33 (3) of the body of the body. 1, for taxes paid to foreign state, Faeroes or Greenland. Inherit the estimated tax sum of the Danish and foreign taxes decrees the excess amount for payment. The chaperone balance shall be written down by the amount when it is paid. Furthermore, the chaperone of the chaperone of paid Danish taxes is being reduced.

Paragraph 7. In the case of receipt of loans and so on from a company where shares of the company are included in the inventory statement, an amount equal to the loan payable shall be payable to the payment. The same applies if the loan is received from a company in which the company contees, as a sum corresponding to the ownership share of the aforementioned company is payable. The chaperone balance shall be written down by the amount when it is paid. The provisions of 1. 3. Act. shall apply mutatis muth to the persons referred to in section 4 (4). 2, and to companies, etc., in which the person herself or the person referred to directly or indirectly owns at least 10%. Of the capital. The provisions of 1 to 4. Act. does not, however, apply to loans to companies and so on which the borrowing company owns the entire capital. In addition, the provisions of 1 to 4 shall apply. Act. not where the forgiving company is a financial institution and the person is the owner of less than 5%. Of the stock record.

Paragraph 8. By depreciation of the chaperone of the chaperone by paragraph 1. 3-7 the balance is not writable to less than 0 kr.

Niner. 9. The person's death is equated with an abstention of all of the shares included in the inventory. The rules of paragraph 1. 2-4 and 10-12 shall apply mutatis muth.

Paragraph 10. When all of the shares included in the inventory statement have been passed, the remaining chaperone balance may be suspended. However, the chaperone balance does not lapse if the person has untapped, resulting losses, which may be produced in subsequent incomes.

Paragraph 11. The submission of taxes on each income must be submitted, where there is a positive chaperone balance. The selvanquiary deadline is 1. July of the year after the end of the year. Expires the self-release date on a Friday or on a Saturday, and the following Sunday can be submitted on a timely manner to the following Sunday. If self-grant is not granted in good time, the distance shall be suspended and the amount on the chaperone of the chaperone shall be payable. Customs and tax administration can overlook the deadline for the submission of tax return.

Nock. 12. The time limit for payment of the amount covered by paragraph 1. 3-7, 9 and 11 are the 1. In October of the year after the year of income, the death year of the last timely payment date of the 20th year respectively. at the month of the month. If the last on-day of payment is due on a holiday or on a Saturday, the deadline shall be extended to the following daily life. If the amount is not provided in a timely manner, the sum due shall be forerunted by the interest of the interest after paragraph 7 (3). 2, on the levying of taxes and levies, etc., with a percentage of 0,4 percentage points per. started month from the due date of the month.

§ 39 B. If the person is relocated in Denmark in Denmark, the rule in section 37 shall apply to shares included in the inventory inventory and that person continues to own. However, at this stage, a reduction in the commercial value of the shares held at the time of the transfer is still part of the inventory ' s inventory shall be reduced. The trade value shall be reduced by the lowest of the following amounts :

Paragraph 2. The one in paragraph 1. 1, no. 2, the total net benefit referred to in the case of each share, which continues to be included in the inventory, shall be made of profit or loss, resulting in loss of disclosed gains. If the net decision after 1. Act. leads to a total gain of DKK 0. or a total net loss, no adjustment shall be made of the commercial value.

Paragraph 3. The amount of the trade value in accordance with paragraph 1. 1 and 2 shall be reduced by proportionate to the shares concerned on the basis of their commercial value.

Paragraph 4. Where the trade value is regulated in accordance with paragraph 1, One-three, the remaining chaperone lapses.

Companies and other things.

§ 40. The profit and loss of shares covered by Section 17 shall be deemed to be implemented if the profit or loss relates to an asset which is covered by tax obligations here to the country according to section 2 (2) of the company tax. 1 (a) and the end of this tax obligation, cf. however, paragraph 1 The provisions of section 7 of corporate tax rules shall apply mutatis mutias to the situation in which the duty of the Member of the Commission shall be subject to the conditions of tax after 1. in the case of holdings, because shares forming part of the business establishment with permanent farm operations in this country shall cease to be a part of this business without the establishment of a firm operating facility in the end.

Paragraph 2. The rules of paragraph 1. 1 applies only to companies, etc., which have been taxable according to company tax law, in one or more periods of not less than seven years in the past 10 years prior to the tax-duty termination.

Paragraph 3. Gains and losses deemed to have been fulfilled in accordance with paragraph 1. However, in accordance with the rules of section 23 to 29, the value shall be replaced by the end of the tax obligation instead of the sum to be discharged. However, losses that may have been deducted after Section 17 may be deducted only in the stock of shares deemed to have been fulfilled in accordance with paragraph 1. 1.

Paragraph 4. Tax of the total net profit shall be calculated in accordance with paragraph 1. 3 which shall be deemed to be implemented in accordance with paragraph 1. 1. "

§ 2

In the case of death taxes on death (death penalty code), cf. Law Order no. 908 of 28. In August 2006, as last amended by Section 2 of Law No 532 of 17. June 2008, the following changes are made :

1. § 51 ITREAS :

" § 51. In cases where the tax on the section 39 of the asset is paid by taxes calculated according to the section 38 of the Asset Taxation Act, and in cases where the payment of taxes on the source of the source tax is granted by tax on the source of the source the section 6 of the property of the property of the property of Article 6 of Article 6 or of the exchange rate law of Article 37 may be entered into the chaperone on the conditions applicable to the deceased. ` ;

2. § 65 ITREAS :

" § 65. In cases where the tax on the section 39 of the asset is paid by taxes calculated according to the section 38 of the Asset Taxation Act, and in cases where the payment of taxes on the source of the source tax is granted by tax on the source of the source the section 6 of the property of the property of the property of Article 6 of Article 6 or of the exchange rate law of Article 37 may be entered into the chaperone on the conditions applicable to the deceased. ` ;

§ 3

In the source tax law, cf. Law Order no. 1086 of 14. In November 2005, as amended in section 7 of the Act of Law No 2. 1414 of 21. In December 2005, Section 9 of Law No 515 of 7. June 2006 and section 7 of the law. 335 of seven. May 2008, and no later than Section 3 of Act 3. 532 of 17. June 2008, the following changes are made :

1. I § 73 E (3). 1, the section 38 of the assets tax on the market is deleted.

2. I § 73 E (3). TWO, FOUR. pkt., and paragraph SIX, THREE. pkt -YEAH. the section 39 of the asset tax system shall be deleted.

§ 4

In the law on fiscal treatment of profit and loss of debts, debts and financial contracts (the exchange rate law), cf. Law Order no. 140 of 5. February 2008, as last amended by Section 8 of Law No 521 of 17. June 2008, the following changes are made :

1. I Section 4 (4). 3, is inserted after 1. Act. :

' This shall only apply where it is demonstrated that the corresponding gain on the debt is taxable for the debtor or is subject to rules for the reduction of unused, deductible losses and losses. In the case of tax obligations, the reduction of unused, deductible losses and losses for creditor access shall be deemed to have been deemed to have been subject to the provisions of this Regulation on the subject of rules relating to the payment of the rules governing the use of : the reduction of unused, deductible losses and losses. ` ;

§ 5

In the case of the imposition of income tax to the State (body of equal pay), cf. Law Order no. 1061 of 24. In October 2006, as last amended by Section 2 of Law No 552 of 17. June 2007 shall be amended as follows :

1. I Section 7 A, paragraph 1, no. ONE, SIX. pkt., and no. TWO, SIX. pkt., the ' source tax on paragraph 73 E (3) shall be replaced by the same : 3, "to :" Asset tax on the subject of Article 39 (3). 3, ".

§ 6

Law no. 532 of 17. June 2008 amending the Act of Asset Taxation, the Code of Death, and the tax bill on the bill of death. (More uniform taxation of generation of generation in living live and death) is amended as follows :

1. § 1, no. 7, ITREAS :

" SEVEN. I § 38, paragraph. 3, 3. pkt., is changed after § § 34 and 35 to : § § 34, 35 and 35 A `

§ 7

Paragraph 1. The law shall enter into force on the day following the announcement in the law.

Paragraph 2. sections 1 and section 3 are effective from 30. May 2008.

Paragraph 3. Section 4 has effect on losses that are realized on the 30. May 2008, or later.

Paragraph 4. Persons whose tax duty is discharged or tax-based has been moved before the 30. In May 2008, and which has or will be able to obtain payment of the tax calculated by the end of the tax base, a stock record shall be drawn up according to section 39 A (a) of the stock market. 1, as drawn up by this law's section 1, no. 3. The inventory list must include the shares owned by the person at the time of fraction and continue to own per 30. May 2008, and it must be submitted to customs and tax administration no later than 1. July, 2009. The chaperone balance referred to in paragraph 39 A (1) of the asset ' s liability. 1, as drawn up by this law's section 1, no. 3, shall be done by the amount of the amount remaining for each of the Member State of the Commission. 30. May 2008. If the inventory is not granted in time, the distance shall be suspended and the amount on the chaperone of the chaperone shall be due, as the Article 39 A (1) of the asset is subject to the payment of the asset. Twelve, as drafted by this law's § 1, nr. 3, shall apply mutatis mutis. Customs and tax administration may disregard the deadline for the submission of the inventory of stock records as mentioned in 2. pkt., cf. 4. Act. If this person can document that the person concerned at the time of the tax obligation is to be relocated by the tax base, the condition laid down in Article 38 (3) of the asset shall be that the condition of the tax base met. 2, as drawn up by the paragraph 1 of this law. 3, the remaining chaperone shall be discarder.

Paragraph 5. Persons whose tax duty is discharged or tax-based has been moved before the 30. This May 2008, which has paid the tax which was calculated by the end of the tax burden, the tax base, and as per the tax base, were to be relocated. 30. May 2008 still owns shares owned at the time of fraction, instead of being covered by the rules of section 38 to 39 B of the shares of the shares of the shareholder of the Act of Title 1, no. 3, provided that no later than 30. In May 2009, customs and tax administration shall be notified accordingly. If that person is after 1. Act. choose to be subject to the rules of section 38 to 39 B of the shares of the shares of the shares in respect of this law. 3, the person shall compile a inventory sheet according to the section 39 A (a) of the stock market. 1, as drawn up by this law's section 1, no. 3. The inventory list must include the shares owned by the person at the time of fraction and continue to own per 30. May 2008, and it must be submitted to customs and tax administration no later than 1. July, 2009. The chaperone balance referred to in paragraph 39 A (1) of the asset ' s liability. 1, as drawn up by this law's section 1, no. 3, shall be made of an amount equal to the tax paid by the dislocation of shares which the person continues to own per 30. May 2008. If the inventory is not made available in good time, the selection shall be considered as after 1. Act. for the fall. Customs and tax administration may disregard the deadline for the submission of the inventory summary as referred to in 3. pkt., cf. 5. Act. If this person can document that the person concerned at the time of the tax authority ceased to relocate the tax base, the condition laid down in Article 38 (3) of the asset shall be fulfilled. 2, as drawn up by the section 1 (1) of this Law. 3, the claim of the tax which was paid during the removal of the movement shall be suspended. The repayment of the remaining tax paid during the relocation resulting from the fact that the subject is covered by the rules in the section 38 to 39 B of the shares in the field of Article 38 (b) of this Act. 3, cf. 1.-6. PC, or has documented that the condition in the section 38 (s) of the asset is subject to Article 38 (s). 2, as drawn up by the section 1 (1) of this Law. 3, have been met, cf. 7. pkt. shall be made by 1. October 2009. A interest shall be added to the interest rate in accordance with section 7 (3). 2, in the Act of the levying of taxes and duties, etc. by a percentage of 0,4 percentage points per started month from 1. In October 2009, if the repayment occurs after this date.