Law on the amendment of the tax on equity, corporation tax law and various other laws

(Convert bonds, leased cars, tax-tax company qualification, etc.)

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 Section 1 (1). 2, pasted as Act 2. :

' The rules of the law shall also apply mutatis mutias to the owner shares of companies covered by the section 2 C of corporate tax. ` ;

2. I Section 1 (1). 3, the words ' and other securities which may be converted to shares or securities as referred to in paragraph 1 shall be deleted ; TWO. "

3. I Section 9 (1). 1 and 2, is inserted after ' the rules in ' : ' § A, `.

4. After paragraph 9 is inserted before heading "Fund assets, assets and drawing courses, etc." :

" § 9 A. The drawback of convertible debt securities at a time of three years or more after the acquisition is included in the inventory of the income of the taxable income.

Paragraph 2. Loss of conversion of convertible bonds at a time of three years or more after the acquisition may be deducted from the benefits of the income year in accordance with paragraph 1. 1. Additional losses may be deducee in the net profits of the income year after paragraph 8.

Paragraph 3. Additional losses which cannot be dedudiable in accordance with paragraph 1. 2, may be deducee in the winnings of the following income as referred to in paragraph 1. 1. Additional losses in addition may be deducted from the net gains in the following income years after paragraph 8. Loss can only be transferred to deduction in future income if it cannot be sped in net profits in a previous income in terms of abstention covered by paragraph 1. 1 or 8. "

5. I § 17, paragraph 1. 4, and Section 19 (1). 5, is replaced by ' § § 8, 9 ` to : ' § § 8-9 A `.

6. The heading for Chapter 7 ITREAS :

"Acquire and abstention etc."

7. Insert after section 29 Chapter 7 :

" Acquire Time

Companies and other people

§ 29 A. Stocks acquired when converting a convertible bond is considered to be purchased at the time of conversion.

Transition and other. "

§ 2

In the law on income taxation of limited liability companies, etc. (company tax law), cf. Law Order no. 1037 of 24. August 2007, as amended by Section 2 of Law No 513 of the seventh. June 2006, section 8 of law no. 1534 of 19. In December 2007 and section 12 of the Act of Law No 335 of seven. In May 2008, the following changes are made :

1. I Section 1 (1). 1, no. 2, the following shall be inserted after ' deposit capital ` : ` : ' and companies covered by § 2 C `.

2. I § 2 pasted as paragraph 6 :

" Stop. 6. Paragraph 1-3 shall not apply to companies, as referred to in section 2 C, which is registered abroad, in Greenland or in the Faroe Islands. `

3. I § 2 A, paragraph FIVE, SIX. pkt., the following shall be inserted after ' Asset tax on the Danish Act of Article 8 (8). 3, ' : ' and section 9 A (3). 3, ".

4. The following section 2 B is inserted :

" § 2 C. Taxable branches of foreign and tax-based entities, registered in the country of registered registration or in the seat of the seat in this country, are taxed in accordance with the rules for companies covered by Section 1, paragraph 1, no. 2 if direct owners with more than 50% are in the case. of the capital or possession of more than 50%. of the voting rights in one or more foreign states, on the Faroes or Greenland Islands,

1) where the branch, respectively, is treated as a tax subject to the branch as an independent tax subject, or

2) no information is exchanged with the Danish authorities following a double-tax agreement, another international agreement or a convention or an administrative agreement on aid in tax matters.

Paragraph 2. In the case of tax transparency, legal persons who, in accordance with Danish tax rules, do not constitute an independent tax subject, but whose circumstances are regulated by company law, a corporate agreement or a association statute.

Paragraph 3. The participants shall not be regarded as having passed the assets and liabilities of the transparency unit or branch at the time of the qualification following paragraph 1. 1. Assets and liabilities which are no longer covered by Danish taxation shall be deemed to have been treated by the participants in the commercial value at the time of eligibility for the qualification referred to in paragraph 1. 1.

Paragraph 4. Assets and liabilities shall be treated in the calculation of the taxable income for the company as if they were acquired at the time of the participants, and for the amounts of acquisition, to which they are acquired by the participants. No acquisition sum shall be fixed on goodwill or any other immaterial rights as referred to in Section 40 of the depreciation Act, to the extent that they are worked out by one or more participants. The only thing in relation to the purchase price can be counted at a maximum of a sum equal to the difference between the sales sum and the commercial value at the time of withdrawal under Danish taxation. Any tax depreciation and depreciation taken by the participants shall be regarded as having been carried out by the company. § 4 A, paragraph 1 The corresponding use of depreciation eligible assets shall apply to the extent that they are not already covered by the Danish tax rate, since they shall be deemed to have been acquired at the time when the individual participants acquired the asset. The company shall be considered no matter one. Act. in order to have acquired debts, the creditvalue of the courier shall be credited at the time of the qualification following paragraph 1. 1. The extent to which the contestants are natural persons who would not have been taxed must have been deducted at the time of sale or inexcerpt at this time. Assets which, for one or more of the contestants have been acquired in the framework of nutrition, are treated by the inventory of the company ' s income as though they were acquired by this company as a source of nutrition. However, the company shall be deemed to have acquired these nutritional assets at the time of the qualification following paragraph 1. 1, to the extent that the participants would not have been taxed, have been deducted from the abstention of the assets at this point in time. If one or more of the participants have included unachieved profit and loss of securities, the securities shall be treated by the inventory ' s taxable income, as though these profits and losses were co-counted at the company. In the calculation of losses as referred to in Article 8 (8) of the Asset Taxation (8), 2, and section 17 (3). 2, the yield and other yields received by the participants shall be deemed to have been received by the company. The companies are succinating to the attendance-entitled deficit in accordance with the rules of the participants. the section 15 of the body of the body and untapped deductible losses from previous incomes, cf. Article 8 (8) of the stock market. 3, and section 9 A (3). 3, the Danish exchange rate law, section 31 (1), 3, and the property section 6 (6) of the property. 4 when the deficits and losses are suffered as part of the transparency of the transparency or branch of the branch.

Paragraph 5. Confession of the ownership shares of the company shall be subject to the tax law of the shares in the stock market. The ownership of the owners shall be deemed to have been acquired for an amount equal to the tax value of the participant ' s share of assets and pasives at the time of eligibility for the qualification referred to in paragraph 1. 1.

Paragraph 6. Ecodings for the owners of companies covered by paragraph 1. 1 is considered to be profit-making charges.

Paragraph 7. The company shall be included in the subject of paragraph 1. 1, the company shall be deemed to have been discharged and assets and liabilities, which are intact at the time of the transition, are sold to the commercial value at this time.

Paragraph 8. In assessing the direct owners of the transparency units and branches of branches, foreign transparent entities and branches shall not be considered to be independent tax subjects, even if they satisfy the conditions laid down in paragraph 1. 1 if they are not considered to be independent tax subjects in their country of origin.

Niner. 9. Paraguation 1 to 8 shall not apply to collective investment units (venture funds) which only invests in shares and so on covered by the stock tax law for the purpose of wholly or partially acquiring shares and analogues for the purpose of : participate in the management and operation of these. The following conditions are provided that the following conditions are met :

1) The venture fund must, in addition to investment commitments and unswolled cash depositments in financial institutions alone, occupying shares and so on the subject of the tax on taxation of shares in the stock market. Intent locks in a financial institution may be placed on a sealed account as collateral against the purchaser ' s warranty claims related to the selling of companies of the venture (s).

2) Indirect or indirect investment may be made directly or indirectly in companies which, together with any related companies, have to be made in accordance with any group affiliates. Tax Control Act, section 3 B, has less than 250 employees, and either has an annual balance of less than 125 million. DKK or an annual turnover of less than 250 million. DKK

3) None of the participants must possess more than 50%. of the capital or of the captor more than 50%. of the voices in the venture fund. Concerns and attendees, cf. Section 4 (4) of the exchange rate law. 2, and Article 4 (4) of the Asset Taxation Code. 2 is considered in this context for one participant.

4) The Venture Fund must have at least 8 participants. Concerns and attendees, cf. Section 4 (4) of the exchange rate law. 2, and Article 4 (4) of the Asset Taxation Code. 2 shall be taken into account in this context for one participant. `

§ 3

In the Act on fusion, fission and the transfer of assets, etc. (Merger tax law), cf. Law Order no. 1286 of 8. In November 2007, as amended by Section 6 of Law No 335 of seven. In May 2008, the following changes are made :

1. I § 8 (3) 8, the following shall be inserted after ' Asset tax on the Danish Act of Article 8 (8). 3, ' : ' and section 9 A (3). 3, ".

§ 4

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 amended, inter alia, section 6 of Law No 1. 343 of 18. April 2007 and at the latest by law no. 336 of seven. In May 2008, the following changes are made :

1. I § 5 G, paragraph 1 ONE, TWO. pkt., is changed " cf. Section 4 (4) of the exchange rate law. 2, "to :" cf. Tax Control Act, section 3 "B".

2. I Section 15 (3). TWO, ONE. pkt., the following shall be inserted after ' Asset tax on the Danish Act of Article 8 (8). 3, ' : ' and section 9 A (3). 3, ".

§ 5

In the tax control law, cf. Law Order no. 1126 of 24. In November 2005, as amended by section 18 of Act No 1. 1414 of 21. In December 2005 and at the latest in paragraph 13 of the Act 335 of seven. In May 2008, the following changes are made :

1. I § 3 C (3) 7, 8. pkt., is replaced by the sections 8 and 14 of the asset tax law, section 8, 9 A and 14 '.

2. I § 3 C (3) 9, after ' corporate conversion ' means the following : ', a change in tax qualification according to section 2 A or 2 C `.

§ 6

In the case of the taxation of shipping company (tonnage tax law), cf. Law Order no. 834 of 29. In August 2005, as last amended by Section 11 of Law No 540 of 6. June 2007 shall be amended as follows :

1. I § 1 is inserted after 2. Act. :

" 1. Act. does not apply to companies covered by section 2 C of corporate tax. ` ;

§ 7

In the case of the income taxation of self-employed persons (business tax law), cf. Law Order no. 1075 of 10. September 2007, as amended by Section 13 of Law No 1. 1235 of 24. In October 2007, the following changes are made :

1. I § 6 pasted as paragraph 3 :

" Stop. 3. Where a lease is transferred from the company ' s company ' s system of taxable income, the income of the undertaking ' s taxable income for the last income is included in the company scheme, the amount by which they were paid by the transfer ; lease benefits exceed the difference between the commercial value of the car at the conclusion of the lease agreement and the car's commercial value of the transfer. The transfer of a leased vehicle from the company regime to the taxable person shall be considered as having been taken from the beginning of the income year. `

§ 8

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

Paragraph 2. § 1, no. 1, section 2, no. 1, 2 and 4, section 5, nr. 2, and Section 6 has effect on income commencing on 15. April 2008 or later. If the contestants do not have a falling income, the provisions will have effect when the first participant begins a new income. If the owners of a branch or a transparent unit make a choice by foreign rules on the 15th. April 2008 or later, which means that the condition of the section 2 C (2) of the company tax budget. 1, no. 1, as drawn up by the section 2 of this law. 4, fulfilled, the provision shall also apply to revenue commenced before the 15th. April 2008, however, at the earliest and with the 15th. April 2008.

Paragraph 3. § 1, no. 3-5, section 2, no. 3, section 3, section 4, no. 2, and § 5, nr. 1 has effect on the abstention of convertible bonds that take place on the 15th. April 2008 or later.

Paragraph 4. § 1, no. 7 have effect on convertible bonds to shares taking place on 15. April 2008 or later.

Paragraph 5. § 4, no. 1 has effect on expenditure due to be held on 15 April 2008 or later.

Paragraph 6. Section 7 shall have an effect on cars transferred from the company regime to the taxable person when the choice is made in the case of a tax return on the 15th. April 2008 or later.