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Law Amending The Capital Gains Tax Act, Estate Tax And Withholding Tax (More Uniform Taxation Of Gene Rational Survival And Death)

Original Language Title: Law Amending The Capital Gains Tax Act, Estate Tax And Withholding Tax (More Uniform Taxation Of Generational Survival And Death)

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Law on the amendment of the tax on the capital, the tax on law and the source of the tax bill

(More uniform taxation of generational change in live live and death)

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. In May 2008, the following changes are made :

1. I § 34, paragraph. 1, no. ONE, ONE. pkt., the grandchildren ' s grandchildren shall be replaced by : ', the grandchildren of the seafarers or a cooperator means a person who satisfies the conditions laid down in the penalty slots section 22 (3). 1 (d).

2. § 34, paragraph. 1, no. 2, revoked.

Number 3-5 becomes the second paragraph. 2-4.

3. I § 34, paragraph. 1, no. 3, which becomes number one Two, change " 15%. of the voting ' s value to : ' 1%. of the share capital of the stock or the capital chapter. ' ;

4. I § 34, paragraph. 5, in 1. pkt " No. Two-four " to : 2 and 3 ", and in 2. Pct . `. Number four : 3 ".

5. I § 34, paragraph. SIX, ONE. pkt., the ' no. Number four : 3 ".

6. § 35 is hereby repealed and the following shall be inserted :

" § 35. § 34, except for paragraph 1. 1, no. 1, shall apply mutatis mutilation to an employee when the employee during the last five years has been employed in a number of hours corresponding to full-time employment in composite at least three years in the company and so on which have -Issued the stock. Transfer of shares after paragraph 34, except for paragraph 1. 1, no. 1 may also occur when the employee in the last five years has been employed for a number of hours corresponding to full-time employment in a composite or several companies which are affiliated, cf. Section 4 (4) of the exchange rate law. 2, with the company that has issued the stock. By the balance of the hour after 2. Act. the number of hours in which the employee has been employed in two or several group-connected companies shall be added together. It is a condition that companies are conjoined at the same time and in the period in which the employee is after 1. Act. have been employed for a number of hours corresponding to full-time employment in composite at least three years at the company, which shall be transferred at the time of the transfer.

Paragraph 2. If the shares transferred as referred to in paragraph 1 shall be transferred. 1 has been received by the transferor as remuneration for a merger, division, assets or share exchange rates within the last five years, may be the number of hours employed by the employee in the acquiring or acquired company ; shall be taken into account in the calculation of the 10-second paragraph after paragraph 1. 1.

Paragraph 3. If the company, etc., which has issued the shares of shares referred to in paragraph 1, shall be : 1, established by the transformation of a personal owned company within the last five years, may be the number of hours employed by the employee in the calculation of the number of hours corresponding to full-time employment ; by paragraph 1.

Paragraph 4. Paragraph 1-3 shall apply mutatis muctis to the acquisition of shares of a death row by a close employee.

Assignment to previous owners with successful

§ 35 A. § 34, except for paragraph 1. 1, no. 1 shall apply by analogy to the transfer of shares to an earlier owner where the transfer to the previous owner is done within the first five years after the transferee has acquired the shares. It is a condition that the transferor acquired the shares from the previous owner and that the transferor entered the fiscal position of the former owner in the acquisition. 1. and 2. Act. shall apply by analoging to a previous owner's acquisition of shares from a death row. ` ;

7. I § 38, paragraph. THREE, FOUR. pkt., is replaced by ' by § § 34 and 35 ` to : " after § § 34, 35 and 35 A ` ;

§ 2

In the case of death taxes on death (death penalty code), cf. Law Order no. 908 of 28. In August 2006, as amended, inter alia, section 2 of the Act of Law No, 1580 of 20. In December 2006 and at the latest at Section 3 of Act 3. 335 of seven. In May 2008, the following changes are made :

1. I § 27, paragraph. ONE, ONE. pkt., ' however, ' However, paragraph 2 shall be replaced by the following : Two and three.

2. I § 27 inserted after paragraph 1. 2 as paragraph 3 :

" Stop. 3 The sale or other form of the death penalty by the death penalty or the second form of the death penalty for a close associate or an ex-owner in accordance with the rules of section 35 or 35 A or of the source tax of the section 33 C (s) of the asset or the source of the asset ' s tax. " (12 or 13) is not included in the settlement of the boil-tax income. ' ;

Paragraph 3 becomes paragraph 3. 4.

3. I § 29, paragraph. ONE, TWO. pkt., a business undertaking, one of several commercial undertakings, or a proportion of one or more business enterprises ` ;

4. § 29, paragraph. TWO, TWO. pkt., is hereby repealed and the following shall be inserted :

" 1. Act. shall not apply to the extent to which the property was used in the deceased or a post-living spouse business. If more than half of the property was used in the name of the deceased or a post-living spouse, 1. Act. , however, not in any part of the property ' s property relating to the property concerned. ` ;

5. I § 29, paragraph. 5, the " Stk. One, three and four, " to the Stk. ONE-FOUR.

6. I § 37, paragraph. ONE, ONE. pkt., inserted after "brother or sister's child or grandchild" : ", near the employee, cf. the section 35 and the source 33 C (C) of the asset ' s tax on the age of 35 and the source. 12, or a previous owner, cf. Article 35 A and the source 33 C (C) of the asset ' s liability law. THIRTEEN. "

§ 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 6 of Law No 406 of 8. May 2006, section 9 of Law No 515 of 7. June 2006, section 10 of law no. 1545 of 20. December 2006, section 3 of law no. 345 of 18. April 2007 and section 3 of the law. 347 of 18. April 2007 and at the latest in paragraph 7 of the Act 335 of seven. In May 2008, the following changes are made :

1. I Section 2 (2). 1, no. 4, 9. pkt., is replaced by ' § 34 and § 35 ` to : ' § § 34, 35 and 35 A `.

2. I § 26 A pasted as paragraph 8 :

" Stop. 8 A spouse may assign his deposits to the establishment account to another spouse, which then enters the tax position of the delegate with regard to these deposits. `

3. section 33 C (s), ONE, ONE. pkt . , ITREAS :

' In the life of a business operator, one of several commercial undertakings or a proportion of one or more business operators for children, grandchildren, siblings, sister's children, the grandchildren of the seafarers or a colleter, means one ; the person who, at the time of transfer, meets the conditions laid down in section 22 (2) of the penalty slots. Paragraph 1 (d) may, in the transfer, apply the rules laid down in paragraph 1. 2-11 and 14. "

4. section 33 C (s), ONE, THREE. pkt ., repealed, and replace the following :

" Stop. 2-11 and 14 shall apply only to the taxation of property rights relating to immovable property covered by the property tax law, to the extent to which the property is used in the transferor ' s or transferor ' s consenting spouses of the transferor ' s business. If more than half of the property is used in the deceased or a post-living spouse activity, 1. Act. however, the property of the property concerned relating to the property concerned. ` ;

5. I section 33 C (s), ONE, SIX. pkt., There's gonna be seven. pkt., shall be replaced by ' covered by 3. Pct. " to : ' covered by 3. and 4. Pct. "

6. I section 33 C (s), ONE, SEVEN. pkt . , There'll be eight. PC, is replaced "13" to : "14".

7. I section 33 C (s), ONE, EIGHT. pkt., There's gonna be nine. PC, shall be replaced by the section 34 and section 35 of the shares of the shares of the shares of the shares of the shares of the shares in section 34, 35 and 35 A `.

8. section 33 C (s), 12, is hereby repealed and the following shall be inserted :

" Stop. 12 Paragent1-11 and 14 shall apply mutatis mutilation to an employee when the employee during the last five years has been employed for a number of hours corresponding to full-time employment in composite at least three years in the company. Paraglials 1 to 11 and 14 shall apply mutatis mutilation to one of several commercial undertakings or a proportion of one or more business operators to a former employee, if the transfer occurs within five years of the former employee ; the first time acquired a share of the undertaking and, if the former employee of the preceding 5 years prior to the first acquisition of a share of the undertaking, was employed in a number of hours corresponding to full-time employment in the compound ; at least three years in the establishment. 1. and 2. Act. shall apply by analogy to the acquisition by an employed person or an ex-employee of an enterprise, one of several commercial undertakings or a proportion of one or more commercial undertakings from a death row.

Paragraph 13. Paragens 1 to 11 and 14 shall apply mutatis mutilation to a business undertaking, one of several commercial undertakings or a proportion of one or more business undertakings to a former owner when the transfer to the previous owner is done before : for the first five years after the transferor has acquired the establishment or the proportion thereof. It is a condition that the transferor acquired the establishment or the proportion thereof from the previous owner and that the transferor entered the tax position of the former owner. 1. and 2. Act. shall apply by analoging to an operator ' s acquisition by a previous owner, one of several commercial undertakings or a proportion of one or more business operators from a death estate. ` ;

Paragraph 13 will then be paragraph 1. 14.

9. I § 33 D, paragraph ONE, ONE. pkt . , the ' paragraph shall be amended Paragraph 1 and 12 shall be replaced by the following : 1, 12 and 13 "and" and "§ 34 and § 35" to : "§ § 34, 35, 35 and 35 A".

§ 4

Paragraph 1. The law shall enter into force on 1. January, 2009.

Paragraph 2. sections 1 and 3 shall have effect on transfers that take place on 1. January, 2009, or later.

Paragraph 3. § 2, nr. 1 and 2 shall have effect on sales, which shall take place on 1. January, 2009, or later.

Paragraph 4. § 2, nr. 3-5 shall apply when a person has died on the 1. January, 2009, or later. In the changeover of the shift in the living spouse living live, the provisions shall apply where the transfer request has been submitted to 1. January, 2009, or later.

Paragraph 5. § 2, nr. 6, having effect on outlines that take place on 1. January, 2009, or later.

Givet at Christiansborg Castle, the 171. June 2008

Under Our Royal Hand and Segl

MARGRETHE R.

/ Kristian Jensen