Notice On A Charge Of Payroll, Etc.

Original Language Title: Bekendtgørelse om afgift af lønsum m.v.

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=121431

Overview (table of contents) Chapter 1 exemptions

Chapter 2 Registration

Chapter 3 the tax basis and sectoral breakdown

Chapter 4 Indication

Chapter 5 Adjustment of tax base

Chapter 6 accounting

Chapter 7 Penal provisions, etc., entry into force and The full text of the Ordinance on the charge of payroll, etc.

Under section 2 (a), section 3, paragraph 4, section 4, paragraph 4, article 6 b, paragraph 6, article 18, paragraph 2, and article 20 of the law on the tax on payroll, etc., see. lovbekendtgørelse nr. 466 of 22. May 2006, as amended by Act No. 526 of 17. June 2008, fixed:

Chapter 1

Tax exemptions

§ 1. Religious communities recognised pursuant to Royal resolution is exempt from paying tax. The same applies to religious communities, as a church Ministry has granted marriage authorization, as well as public and free church organizations and missions, free church organisations, private and independent ecclesiastical institutions, independent congregations and free churches.

Chapter 2

Registration

§ 2. Companies that have the same owner, registered under a. Provided that separate accounts for individual companies, companies can, however, request are recorded separately.

(2). Companies that are joint registered according to VAT Law § 47 (4), 2. paragraph, must be registered in accordance with the common payroll afgiftsloven if one or more of the common registered enterprises engaged in taxable activities. Companies that engaged in taxable activities alone, and who do not have the same owner, may request to be registered under a. Companies that are registered under a, regarded as a business.

(3). Changes, which means that a company's settlement terms be changed shall be declared across from customs and tax administration not later than 8 days after the change has occurred.

Chapter 3

Tax basis and sectoral breakdown

§ 3. To your company's payroll included any form of salary, as the company's employees have acquired Inc. all charges, regardless of whether they are included in the salary or be granted separately, see. However, payroll afgiftslovens § 4 (3). Wages for employees who are employed in the branches, etc., abroad, and for which the company pays ATP contributions, to be included in the wage bill.

(2). The salary shall be taken into account at the time the expense the company must implement payroll cost.

§ 4. The taxable amount in respect of companies covered by the payroll afgiftslovens § 4, paragraph 4 shall be determined according to the rules laid down in paragraphs 2 to 5 below.

(2). The taxable amount in accordance with paragraph 1 for businesses that must determine the tax base after payroll afgiftslovens § 4, paragraph 2, shall be calculated by the part of the company's payroll, which relate to the taxable part of the company. The company has employees who both carries out activities in the taxable part of the business and other activities, there must be a distribution of the employee's wage bill on the basis of the actual time spent in respectively the taxable part of the company and the rest of the company. The company may not be able to make a factual statement of the time, the company must take into account the part of the taxable amount to the wage bill, which estimated that relate to the taxable part of the company.

(3). The taxable amount in accordance with paragraph 1 for businesses that must determine the tax base after payroll afgiftslovens § 4 (1) is the part of the company's payroll with the addition of the company's profits or less the company's deficit relating to the taxable part of the company. The company's payroll is calculated according to the rules laid down in paragraph 2. The part of the company's surplus or deficit, there must be added to the taxable amount shall be determined on the basis of the company's accounts. Leading company not a separate sector accounts for the taxable part of the company or the company's financial statements may not be organised in such a way that the distribution of the company's surplus or deficit is demonstrated by the financial statements, the entity shall take into account the part of the taxable amount of the surplus or deficit, which estimated that relate to the taxable part of the company. If the company can't prove the assessment of customs and tax administration can impose on the company to keep separate accounts for the sector or the taxable parts of the company.

(4). By the Customs and tax administration's assessment of whether the discretionary allocation of the company's payroll and the surplus or deficit in accordance with paragraphs 2 and 3 are made on reasonable way, will a breakdown, corresponding to the ratio between the turnover in the taxable part of the company and the company's total turnover in that income year as a starting point, be taken into account. There may in assessing the discretionary distribution, among other things. take account of turnover, employees, etc.

(5). The taxable amount in accordance with paragraph 1 for businesses both to determine the taxable amount for payroll afgiftslovens § 4 (1) and (2) shall be determined on the basis of a corresponding distribution as above in accordance with paragraphs 2 to 4.

Chapter 4

Indication

§ 5. The company's declarations after § 6, § 6 afgiftslovens payroll (a) or section 6 (b) shall be submitted digitally or on a form after the Customs and tax administration procedures.

(2). The company argues the charge to deposit in the boxes contained declarations in accordance with paragraph 1. Amount must be entered in whole dollars.

Chapter 5

Adjustment of tax base

§ 6. For companies, which after the submission of the final Declaration of the levy after payroll afgiftslovens section 6 (b) changes in the company's statement of surplus or deficit URf.eks. in the context of the fiscal equation, the paid fee will be adjusted accordingly.

Chapter 6

Accounting

§ 7. Businesses that are registered for payroll afgiftsloven, shall keep accounts, so that the amount taken into account for the calculation of tax for each statement period, is evident from the financial statements.

(2). Accounts, which must be carried out in the ordinary business accounts must be carried out in a clear and orderly way, and it must contain such specifications, it can serve as the basis for customs and tax administration control over the calculation of the levy.

(3). Companies must keep a record of the total payroll. Parts of the wage bill, which are not to be included for the taxable amount, must be recorded in the accounts or by a separate statement for each period.

(4). Posting of a statement period must include the amount to be taken into account for the wage bill for the period in question.

§ 8. The company's accounting under section 7 for a statement period must be completed before the Declaration is lodged.

(2). Customs and tax administration may require that the company's accounting after a period of at least 14 days must be updated for the assessment periods, for which the closing date for the submission of a declaration is exceeded.

§ 9. Companies shall keep accounts, vouchers and other accounting material for 5 years after the end of the financial year in question.

(2). Computerised at lønanvisning, can collect lists with information about the content of each lønbilag step instead of copies of the said Annex.

Chapter 7

Criminal and commencement provisions, etc.

§ 10. Anyone who intentionally or grossly negligently violates § 2, paragraph 3, section 3 (1), (2). paragraph, section 7, section 8, paragraph 1, or article 9, paragraph 1 or fails to comply with an order issued under section 4 (4) 2. paragraph, or section 8, paragraph 2, be punished by a fine, unless a higher penalty is inflicted for payroll afgiftslovens § 18 (3). The provisions of § 18 afgiftslovens payroll (4) and section 19 shall apply mutatis mutandis.

§ 11. The notice shall enter into force on the 1. January 2009. At the same time repealed Executive Order No. 1176 of 23. November 2006 on the charge of payroll, etc., the Danish Ministry of taxation, the 2. October 2008 Kristian Jensen/Glynn Henningsen