Law On Modification Of The Corporation Tax Act, Mergers And Various Other Laws (Adjustment Of The Rentefradrags Constraint Rules, Etc.)

Original Language Title: Lov om ændring af selskabsskatteloven, fusionsskatteloven og forskellige andre love(Justering af rentefradragsbegrænsningsreglerne m.v.)

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=123408

Law on modification of the Corporation Tax Act, mergers and various other laws

(Adjusting the rentefradrags constraint rules, etc.)

WE, MARGRETHE the SECOND, by the grace of God Queen of Denmark, do indeed:

The Danish Parliament has adopted and we know Our consent confirmed the following law:

§ 1

Of the law on income taxation of limited liability companies, etc. (Corporation Tax Act), see. lovbekendtgørelse nr. 1037 of 24. August 2007, as amended, inter alia, by section 12 of Act No. 335 of 7. May 2008 and at the latest by the article 18 of law No. 1003 out of 10. October 2008, shall be amended as follows: 1. In section 2, paragraph 1, point (c) shall be inserted after 1. paragraph: ' As dividends are treated also grants to affiliates, see. section 31 (D), if the beneficiary, if this was the parent company to the grant provider, would be liable to tax on dividends after this provision. '

2. In article 2, paragraph 1 (c), the words three places» 2. paragraph ' to: ' 3. paragraph. ' 3. In section 2, paragraph 1, point (d), 5. PT. , shall be inserted after ' see. section 31 C ': ', for a continuous period of at least 1 year, within which the payment should be '.

4. In paragraph 2 (A) (5) 1. paragraph, the words ' respectively shall cease to be covered by paragraph 1 or 2 '.

5. section 2 (A), (5), 7. paragraphs, are hereby repealed.

6. In paragraph 2 (A) repealed paragraph 6, and instead is inserted: ' (6). If a company ceases to be transparent in accordance with paragraph 1 or 2, shall be considered as company's assets and liabilities to be ceded by the company's owners to market value. The company will then be deemed to have acquired the assets and liabilities from affiliates. section 8 (B) shall apply mutatis mutandis. Carry-over legitimate deficit and unused tax deductible loss of the company shall lapse.

(7). If a company ceases to be transparent in accordance with paragraph 1 or 2, shall be deemed to be the company's owners for having acquired the shares in the company to the market value at the time of the termination of the transparent status.

(8). The individual owners of the companies referred to in paragraph 1 shall be deemed always to have a permanent establishment in Denmark. All assets and liabilities owned by the companies referred to in paragraph 1 shall be considered as always associated owners ' permanent establishments. '

Paragraphs 7 and 8 will be hereafter referred to paragraphs 9 and 10.

7. section 8 (2), (3). paragraph is replaced by the following: ' 1. the paragraph does not include income from international shipping and aviation company or cases where the source country waives the Tax Court pursuant to a double taxation treaty or other international agreement with Denmark. '

8. section 8 (2), 4. paragraph is replaced by the following: ' notwithstanding 1. item is taxed a company of positive income that would be subject to the CFC-taxation in clause 32, if the permanent establishment had been a subsidiary. "

9. In section 8, paragraph 2, 7. paragraph, the words ' article 6 ' is replaced by: ' (A) sections 6 (A) and 6 (C) '.

10. section 11 (B) (1), (3). paragraph, shall be repealed, and replaced by: "However, happens not to be deducted to the extent that the net financial pruning expenditure consists of net capital losses in claims, which exceeds the income of the year, interest income, see. (4). Such net capital loss carried forward for set-off in taxable net gains on receivable and interest income by subsequent indkomstårs statement of net financing costs. Balances in 3. and (4). paragraph shall be drawn up in total for jointly taxed companies, see. (8). If the net financing costs to be deducted shall be regarded as the net exchange rate losses on debt will be cropped and financial contracts governed by kursgevinstloven always cropped first. '

11. In paragraph 11 (B), paragraph 4, nr. 2 change» offsetting taxable commissions. ': ' similar taxable commissions, etc. ' 12. section 11 (B), paragraph 4, nr. 3, 2. paragraph is replaced by the following: ' gains and losses to trade creditors and trade debtors are excluded. '

13. In paragraph 11 (B), paragraph 4, nr. 5, insert as 2. and (3). PT. :

» Is the sum after 1. item negative, it does not, however, be carried forward for set-off in subsequent income year. 1. item does not include return on inventory taxed nutrition shares covered by paragraph 5, 7. paragraph. ' 14. section 11 (B), (5) 6. paragraph, shall be repealed, and replaced by: ' the value of work in progress, nutritional assets, inventories and receivables acquired through the sale of products and other nutritional assets and services (trade debtors, etc.) are included in the asset statement, to the extent by which the value exceeds the value of the debt incurred by the purchase of goods and other nutritional assets and services (trade creditors, etc.). Alone stock taxed nutrition shares shall be taken into account. The assets included the acquisition cost on forward contracts, etc., which serve to safeguard the operating revenues and operating expenses, see. paragraph 4, nr. 3, 4 and 5. item ' 15. In section 11 (B), paragraph 6, 4. paragraph, the words ' the indirect acquisition of a company outside the group, see. section 31 C ': ' indirect acquisition of shares in a company from a company outside the group, see. section 31 C '.

16. In paragraph 11 (B), paragraph 6, nr. 2, insert as 2. item:

"There must be only be consolidation with business related subsidiaries, see. section 31 (C). ' 17. section 11 (B), paragraph (7), 2. paragraph is replaced by the following: ' the basic amount referred to in paragraph 1, without prejudice to article. (3) adjusted accordingly. '

18. In paragraph 11 (B), paragraph 8, 5. paragraph shall be added after ' net financing expenses ' means ' without a net capital loss that is not trimmed in accordance with paragraph 1, 3rd paragraph, '.

19. section 11 (B), paragraph 10, 1. paragraph is replaced by the following: ' If a company in an income year deduction will be trimmed in accordance with paragraph 1, the net capital losses on debt and financial crop contracts covered by kursgevinstloven, including foreign exchange losses that could be deducted from capital gains, including exchange rate gains on debt and financial contracts covered by kursgevinstloven in the 3 subsequent income year. '

20. In paragraph 11 (C), paragraph 1, shall be inserted after 1. paragraph: ' taxable income and net finance costs adjusted for net capital loss that is not cropped under section 11 (B) (1), (3) section ' 21. In section 11 (C) (1), (3). point, there will be 4. paragraph, shall be replaced by ' 2. paragraph ' to: ' 3. paragraph. ' 22. In section 11 (C), (1) 4. point, there will be 5. paragraph, shall be replaced by ' 1.-3. paragraph. ': ' 1.-4. point ' 23. section 11 (C), (2), (3). paragraph, shall be repealed, and replaced by: "If there be made tax-deductible, cropping, reduced the companies ' tax deductible net financing expenses proportionately to the extent that the individual company's net financing expenses exceed 80 per cent of the company's taxable income before net financial expenses. If the assigned deduction exceeds the net financing costs in cropping some of the companies that distributed the excess deduction cropping proportionally. '

24. In section 13 (1). 2, 2. paragraph shall be added after ' see. section 31 C ': ', for a continuous period of at least 1 year, within which period dividend distribution date shall be '.

25. In section 13 (1). 2, be inserted after 3. paragraph: ' the provision of 1. item does not include dividends, if the profit-making company, subsidiary, have deductions for dividend distribution, unless the taxation of dividends is subject to the provisions of Directive 90/435/EEC establishing a common taxation of parent companies and subsidiaries of different Member States. ';

26. In section 13, paragraph 3, the following is inserted as a 4. item:

» Provision of 1. and (3). item does not include dividends, if the profit-making company has credit for dividend distribution. '

27. In paragraph 21, 3. paragraph, the words ' section 13, paragraph 1, no. 2, 6. paragraph, ' to: ' section 13, paragraph 1, no. 2, 7. PT., '.

28. In section 31 (A), paragraph 7, shall be inserted after 1. paragraph: ' acquisition cost on real estate shall be reduced by any profit on real estate in Denmark, see. § 8, paragraph 2, and the profit tax law § § property 6 (A) and 6 (C). ' 29. In section 31 (A), paragraph (7), 3. point, there will be 4. paragraph shall be added after ' Profit in relation to acquisition cost ': ' on goodwill and other intangible assets ".

30. section 31 D, paragraph 2 is replaced by the following: ' (2). Paragraph 1 does not include dividend payments. '

31. section 31 D, paragraph 5, shall be repealed.

Paragraph 6 becomes paragraph 5.

32. In article 32, paragraph 1, no. 1, the following is inserted as a 4. item:

» By statement of the subsidiary's total taxable income except for taxpayer subsidies. '

33. In article 32, paragraph 2 2. paragraph, inserted in two places after ' mortgage ': ', stockbroking, investment management '.

34. In article 32, paragraph 3, 1. paragraph shall be added after ' Income ': ' and the assets '.

35. In article 32, paragraph 4, shall be inserted after 5. paragraphs: ' 2.-5. paragraph shall not apply where there are already established a Danish tax value for those assets and liabilities. '

36. paragraph 32, paragraph 5, no. 5, shall be replaced by the following: ' 5) taxable profits and losses on disposal of shares, etc. exploited covered by stock profit tax law. '

37. In paragraph 32, paragraph 9, 4. paragraph, the words ' legitimate ' carry-over.

38. In paragraph 32, paragraph 10, 1. paragraph, the words ' transferring shares ' to: ' reducing its ownership interest ' and ' the transferred portion of the shares ' to: ' the reduced stake '.

§ 2

The law on the tax treatment of gains and losses from the sale of shares, etc. (stock profit tax law) of the basic regulation. lovbekendtgørelse nr. 1274 of 31. October 2007, as amended by section 2 of Act No. 335 of 7. May 2008, § 1 of lov nr. 530 of 17. June 2008, § 1 of lov nr. 532 of 17. June 2008 and § 1 of lov nr. 906 of 12. September 2008, shall be amended as follows: 1. In article 19, paragraph 2, no. 2 is added to 5.-7. item:


' Notwithstanding that there is no obligation to repurchase, the company shall be deemed to be for an investment firm if the activity is the collective investment in transferable securities, etc. By collective investment means that the company has at least 8 participants. Group related contestants, see. Exch. rate gains § 4, counted for one participant in this context. '

2. section 19, paragraph 3 is replaced by the following: ' (3). An investment firm as referred to in paragraph 2, no. 2, 5. item does not include a corporation, etc., if more than 15 percent of the company's accounting assets during the financial year, on average, are located in other than securities etc. For securities, etc. are not included shares in another company in which the former company owns at least 10 per cent of the share capital, unless the company itself is an investment firm referred to in article 6. (2). If a company has a dominant influence, directly or indirectly, or owns shares in a consolidated company, see. equation section 2, paragraphs 2 and 3, shall be by declaration after 1. point away from these shares, and instead included the share of the other corporate assets, which corresponds to the former company's direct or indirect ownership in the other company. '

3. In section 19 shall be inserted after paragraph 4 as new paragraph: "(5). An investment firm as referred to in paragraph 2, no. 2, 5. item does not include a corporation, etc., which exclusively owns shares, warrants and share dishes in another company, if all the shareholders of the former company at the acquisition of the shares was employed in another company or in other companies which are consolidated with the other company, see. Corporation Tax Act section 31 C, unless the second or one of the other companies even is an investment firm referred to in article 6. (2). Regardless of 1. point the company may also own cash, including putting on a current account, within a framework of 15 per cent of the company's accounting assets calculated on average during the financial year. '

Paragraph 5 becomes paragraph 6.

4. Article 21, paragraph 3, nr. 2, is replaced by the following: ' 2) other assets within an overall framework of 25 per cent of the Association's other active mass. '

5. Article 21, paragraph 6 is replaced by the following: ' (6). If an association which is covered by paragraph 3, acquire shares as referred to in section 19 by which the information referred to in paragraph 3, no. 2, said limit being exceeded, leads to this acquisition, that section 22 shall apply only from the date on which the Association knew or ought to know, that the shares were subject to § 19. '

6. In article 33, paragraph 1, the words ' corporate tax Act section 3 (1) (8). 19 ' to: ' section 19 '.

7. In paragraph 36 (A) (4) 3. paragraph, the words ' in more than 3 years ': ' for at least 3 years '.

8. In paragraph 36 (A), paragraph 6, the words ' and article 17, paragraphs 1 and 2, ' and ' for sale ' shall be replaced by: ' for sale '.

9. section 36 A, paragraph 7, shall be replaced by the following: ' (7). A stock exchange that has taken place without permission from the Customs and tax authorities, is regarded as a disposal of the shares in the acquired company to third parties at the time of replacement, if the acquiring company for a period of 3 years from the time of receiving tax-free yield of replacement shares of the acquired company, which exceeds the acquiring company's share of the after 5. section ascertained result for the acquired company in the financial year to which the distribution relates. It does not apply to the extent that the dividend as mentioned in 1. point exceeds it after 5. section ascertained result for the acquired company with an amount that is equal to or below the acquiring company's share of the results after 5. point for a previous year that were not previously been distributed. 2. paragraph include not only distributed results calculated according to 5. point for the financial year, which shall correspond to the income the year before the income year in which the Exchange is carried out, and the following year. If the acquired company's result by 5. item is negative, offset the acquiring company's share thereof in determining the amount of the distributable to the acquiring company after 1. and 2. point score for the acquired company is calculated as the annual results of the approved annual report for the year after tax deducted from dividends tax free and tax free stock profit margins, as the acquired company has received. To dividend for 1. point taken into account any supplements or yield of yield præferenceaktier contributed by the acquired company and of companies in the group, which it acquired company directly or indirectly has control over, to affiliates, as the acquired company does not have a dominant influence, directly or indirectly, over. To yield after 5. point taken into account any supplements or yield of yield præferenceaktier granted by the underlying company and of companies in the group, as the underlying company directly or indirectly has control over, to affiliates, as the acquired company does not have a dominant influence, directly or indirectly, over. By affiliates means companies in the same group after Corporation Tax Act section 31 c. carried out in the period that is specified in the 1. paragraph, a tax-exempt restructuring of the acquired or the acquiring company, in 1-8. paragraph mentioned conditions matching the shareholders respectively the participating companies in the subsequent restructuring. It does not apply, if after the Stock Exchange conducted a tax-free merger between the acquired and the acquiring company. '

10. In paragraph 45 (A), paragraph 5 shall be added as 3. item:

' Notwithstanding the provisions of 1. paragraph, paragraphs 2, 4. and 5. paragraph, also apply to income relating to the share in the 1. paragraph mentioned shares. '

11. In section 46 shall be inserted as paragraph 15: ' paragraph 15. Losses as a result of companies et al. s transition to investment firms in tax year 2009 that is otherwise covered by section 8, paragraph 2, and section 14, may not be deducted in accordance with these provisions, but is included instead in the statement under section 19 as an addition to the value of the share or the proof by declaration under section 23, paragraph 5, at the beginning of the income year 2009. '

§ 3

In law on mergers, divisions and transfers of assets etc. (mergers), see. lovbekendtgørelse nr. 1286 of 8. November 2007, as amended by section 6 of the law No. 335 of 7. May 2008, section 7 of the Act No. 527 of 17. June 2008 and section 3 of Act No. 530 of 17. June 2008, shall be amended as follows: 1. In paragraph 15 (a), paragraph 1, 4th paragraph, shall be replaced by ' receiving ': ' participating '.

2. In paragraph 15 (a), (2), (3). paragraph, the words two places ' debt ' to: ' obligations '.

3. paragraph 15 (b) paragraph 8 is replaced by the following: ' (8). Paragraphs 1 to 7 shall not apply to the Division, which has happened without customs and tax administration's permission, if the shareholder in accordance with the draft terms of the date of the transferring company and up to 3 years after the adoption of the Division receives tax-free dividend of its shares in the companies, which exceed shareholder's share of it after 5. section ascertained result for the respective companies in the fiscal year in which the distribution relates. It does not apply to the extent that the dividend as mentioned in 1. point exceeds it after 5. section ascertained result for the company in question by an amount not exceeding the equivalent of shareholder's share of the results after 5. point for a previous year that were not previously been distributed. 2. paragraph include not only distributed results calculated according to 5. point for the financial year, which shall correspond to the income the year before the income year in which the Division is approved, and the following year. If the company in question result by 5. item is negative, the offset shareholder proportion thereof in determining the amount of the distributable to the shareholder after 1. and 2. point score for a participating company is calculated as the annual results of the approved annual report for the year after tax deducted from dividends tax free and tax free stock profit margins, as the participating company has received. To dividend for 1. point taken into account any supplements or yield of yield præferenceaktier granted by the participating companies and in the Division of Group companies, such as those of the Division participating companies, directly or indirectly, a dominant influence on the above, to affiliates, such as those of the Division participating companies do not have direct or indirect control over. To yield after 5. point taken into account any supplements or yield of yield præferenceaktier granted by the underlying company and of companies in the group, as the underlying company directly or indirectly has control over, to affiliates, as the participating companies do not have direct or indirect control over. By affiliates means companies in the same group after Corporation Tax Act section 31 c. carried out in the period that is specified in the 1. paragraph, a tax-exempt restructuring of a transferring or receiving company, applies the in 1.-8. paragraph mentioned conditions matching the shareholders respectively the participating companies in the subsequent restructuring. It does not apply, if after the Division carried out a tax-free merger of a recipient company and shareholder in this company and shareholder in the continuing company at time of merger has owned all his shares for at least three years. '

4. In paragraph 15 (b), paragraph 9, insert as 2. item:

» Paragraph 8 shall not apply to the Division of investment firms governed by the stock profit taxation Act § 19 and by cleavage of the distributing trusts covered by the stock profit taxation Act § 21 (1) or § 22. '

5. In paragraph 15 (c) shall be inserted after paragraph 2 as new paragraph:


' (3). The provisions of this chapter shall apply mutatis mutandis by contribution of assets made by the DSB, see. Corporation Tax Act § 1 (1) (8). 2 (d), however, provided that the receiving company will be taxed according to corporate tax Act § 1 (1) (8). 1. '

Paragraph 3 becomes paragraph 4-5-6.

6. In article 15 d, paragraph 6, shall be added as 4. item:

"There must not be counted negative amounts after 2. and (3). point, if those shares could be transferred tax free in accordance with the rules in the stock profit tax law. '

7. section 15 d, paragraph 8 is replaced by the following: ' (8). Paragraphs 1 to 7 shall not apply to transfers of assets, has happened without permission from the Customs and tax administration, if the transferring company after the entry date and up to 3 years after the adoption of the flow will receive tax-free dividends on its shares in the receiving company in excess of the transferring company shares after the 5. point determined result of the receiving company in the financial year to which the distribution relates. It does not apply to the extent that the dividend as mentioned in 1. point exceeds it after 5. section ascertained result for the receiving company with an amount not more than the equivalent of the transferring company share of the result after 5. point for a previous year that were not previously been distributed. 2. paragraph include not only distributed results calculated according to 5. point for the fiscal year, which corresponds to the tax year before the year in which the injection is adopted, and the following year. If the receiving company's result by 5. item is negative, offset the transferring company share thereof in determining the amount of the distributable to the transferring company after 1. and 2. point score for the receiving company is calculated as the annual results of the approved annual report for the year after tax deducted from dividends tax free and tax free stock advance, which the recipient company has received. To dividend for 1. point taken into account any supplements or yield of yield præferenceaktier granted by the receiving company and of companies in the group, as the receiving company, directly or indirectly, a dominant influence on the above, to affiliates, as the receiving company does not have a dominant influence, directly or indirectly, over. To yield after 5. point taken into account any supplements or yield of yield præferenceaktier granted by the underlying company and of companies in the group, as the underlying company directly or indirectly has control over, to affiliates, as the receiving company does not have a dominant influence, directly or indirectly, over. By affiliates means companies in the same group after Corporation Tax Act section 31 c. carried out in the period that is specified in the 1. paragraph, a tax free reorganisation of the transferring or the receiving company, applies the in 1.-8. paragraph mentioned conditions matching the shareholders respectively the participating companies in the subsequent restructuring. It does not apply, if after the supply of assets implemented a tax-free merger between the transferring and the recipient company. '

§ 4

In the law on the taxation of income in connection with hydrocarbon extraction in Denmark (the hydrocarbon Tax Act), see. lovbekendtgørelse nr. 412 of 3. May 2006, as amended by section 11 of Act No. 515 of 7. June 2006, is amended as follows: 1. In paragraph 6 (A), paragraph 2, 2nd paragraph, the words ' equation article 16 H, paragraph 2.0 ' to: ' equation article 16 H, paragraph 6, '.

§ 5

Of the law on the imposition of income tax to the State (the tax assessment Act), see. lovbekendtgørelse nr. 1061 by 24. October 2006, as amended, inter alia, by section 6 of the Act 343 of 18. April 2007 and at the latest upon section 5 of law No. 906 of 12. September 2008, shall be amended as follows: 1. In article 2, paragraph 1, no. 6, the words ' with a fixed place of business in accordance with the ' to: ' with the hydrocarbon linked Enterprise covered by '.

2. In article 2, paragraph 1 1. paragraph, the words ' with the above physical and legal persons and permanent establishments ' to: ' with the above parties in nr. 1-6 '.

3. In article 2, paragraph 2 2. paragraph, the words ' equation article 16 H, paragraph 2.0 ' to: ' equation article 16 H, paragraph 6, '.

4. section 16 (B), (3), 2. paragraph is replaced by the following: ' in calendar years 2007 and 2008 constitute participation mentioned in 1. paragraph 15. per cent ' 5. section 16 (B), (3), (4). paragraph is replaced by the following: ' paragraph 1 shall not apply upon transfer of shares, etc. covered by the stock profit taxation Act § 19, or by abandonment of unit trust. '

6. In article 16 C, paragraph 11, shall be inserted before the 1. paragraph: ' in the case of modification of a mutual fund, which so far has not been making the distribution, to a distributing mutual fund, without the association dissolved, shall be considered as assets and liabilities of the transferred at the time of the change and to market value at this point. '

7. In article 16 H, paragraph 4, shall be inserted after 4. paragraph: ' 1.-4. paragraph shall not apply where there are already established a Danish tax value for those assets and liabilities. '

8. In article 27 A, paragraph 2, the following is inserted as a 2. item:

' 1. the paragraph shall not, however, by transfers between affiliates, see. Corporation Tax Act section 31 (C). '

§ 6

In tax kontrolloven of the basic regulation. lovbekendtgørelse nr. 1126 of 24. November 2005, as amended, inter alia, by section 8 of Act No. 308 of 19. April 2006 and § 10 of lov nr. 343 of 18. April 2007 and at the latest upon section 5 of law No. 530 of 17. June 2008, shall be amended as follows: 1. In article 3 B, paragraph 1, no. 6, the words ' with a fixed place of business in accordance with the ' to: ' with the hydrocarbon linked Enterprise covered by '.

2. In paragraph 3 (B), paragraph 1 1. paragraph, the words ' with the above physical and legal persons and permanent establishments ' to: ' with the above parties in nr. 1-6 '.

§ 7

The law on tax-exempt corporate conversion, see. lovbekendtgørelse nr. 1166 of 2. October 2007, as amended by § 10 of lov nr. 521 of 17. June 2008, shall be amended as follows: 1. In article 2, paragraph 1, no. 7, the words ' in article 1, paragraph 3, the said statement ' to: ' the statement referred to in § 2, paragraph 3, '.

2. In article 2, paragraph 5, the words ' paragraph 1, nr. 6 ': ' (1). 7 '.

§ 8

In Act No. 540 of 6. June 2007 on the amendment of the Corporation Tax Act and various other tax laws. (CFC-taxation and combating the capital funds, etc.) is amended as follows: 1. In article 14, paragraph 3, the following is inserted as a 5. paragraph: ' 4. paragraph shall cease to apply if the application of the 3. PT also reduced by payments to the jointly taxed companies and permanent establishments made in income between 1997 and 2003. '

§ 9

In Act No. 532 of 17. June 2008 amending stock profit taxation law, estate tax Act, and kildeskatteloven. (More uniform taxation of generational alive and death), as amended by section 6 of the law No. 906 of 12. September 2008, is amended as follows: 1. section 3, nr. 4, is replaced by the following: ' 4. paragraph 33 (C), (1), (3) section, repealed, and instead reads ' paragraphs 2 to 11 and 14 shall only apply to real estate profits relating to immovable property subject to the real estate profit tax Act, to the extent the property is used in the transferor or the transferor's cohabiting spouse's business activities. If more than half of the property of the transferor or the transferor's used in cohabiting spouse's business activities, paragraph 2-11 and 14 shall apply on the entire real estate profit on the property. "'

§ 10 paragraph 1. The law shall enter into force on the day after publication in the Official Gazette.

(2). § 1, nr. 1, 2, 7-9, 11, 12, 17, 31 and 34-37, § 2, nr. 6 and 10, section 3, nr. 1 and 2, section 4, section 5, nr. 1-3, 6 and 7, and section 6 shall take effect as from the income year 2009.

(3). § 1, nr. 3, has effect for interest payments made on the commencement date or later.

(4). § 1, nr. 4-6, 10, 13, 15, 18-23, 28, 29 and 33, and section 3, nr. 4 and 6, shall take effect as from the income year 2008. During the income year 2008 can a company ceases to be transparent in the 8. October 2008, choose to apply the existing rules instead of the corporate tax Act § 2 A, paragraph 6, as amended by this Act, section 1, no. 6 If the same group connected legal persons controlling the company, see. tax kontrollovens § 3 (B), both before and after the termination of the transparensens.

(5). § 1, nr. 14, shall take effect as from the income year 2008. Companies can, however, choose to apply corporate tax Act section 11 (B), (5) 6.-8. paragraph, as amended by this Act, section 1, no. 14, starting with the 1. July 2007.

(6). § 1, nr. 16, has the effect of acquisitions, carried out on 8. October 2008 or later.

(7). § 1, nr. 24-27, 30 and 32, have effect for yield and grants distributed respectively shall be granted on 8 November. October 2008 or later. § 2, nr. 9, and section 3, nr. 3 and 7, has effect for yield and grants distributed respectively shall be granted on 3. December 2008 or later.

(8). § 1, nr. 38, have effect for stocks and shares, which reduced the 8. October 2008 or later.


(9). § 2, nr. 1, have effect from and with gains and losses, which are assessed for tax year 2009 and be attributed to income year 2010 after the provision in the stock profit tax section 23, paragraph 7. For shares and unit trust, which is acquired before the beginning of the tax year 2009 and which have not refrained at this time, gains and losses are stated for the income year 2008 as the difference between the value of the share or certificate at the end of the income year 2008 and the acquisition cost. The hereby ascertained the gain and it hereby ascertained damage attributable to the taxable income for 2009. For persons included the hereby ascertained the gain and it hereby ascertained damage by statement of equity income, see. personal tax Act section 4 (a), unless these shares or investment certificates, etc. covered by the stock profit tax law § 17.

Paragraph 10. § 2, nr. 4 and 5, shall take effect as from 1 January 2002. January 2009.

Paragraph 11. § 3, nr. 5, has the effect of tax-free transfers of assets with the entry date of the 1. January 2009 or later.

Paragraph 12. § 5, nr. 4, shall take effect as from 1 January 2002. January 2007.

Paragraph 13. § 5, nr. 5, has effect for the sale of shares, etc. covered by the stock profit taxation Act § 19, and which will take place on 1. January 2007 or later.

Paragraph 14. § 5, nr. 8, has the effect of intangible assets entrusted to the 8. October 2008 or later. Intangible assets in the 8. October 2008 is transferred according to the rules in section 27 (A) equation between affiliates, see. Corporation Tax Act section 31 C, is included with the transferring company tax acquisition by asset statement after Corporation Tax Act section 11 (B), paragraph 5, as from the income year 2009, and until the full remuneration for the intangible asset has been paid.

Paragraph 15. During the income year 2009 included distributing investment funds shares and certificates as a result of section 2 the status changes to shares in investment company, see. stock profit taxation Act § 19, to their holdings of ordinary shares after the stock profit taxation Act section 21, paragraph 3, nr. 1. They shall not be counted as shares after the stock profit taxation Act section 21, paragraph 3, nr. 2. Paragraph 16. During the income year 2009 reduced the limit of 15 per cent in equity profit tax law § 19 (3), as amended by section 2, nr. 2, after the relationship between the number of whole months from 1. March 2009 until the end of the company's income year 2009 and the entire company's income year 2009 measured in whole months.

Given at Amalienborg Palace, the 10. February 2009 Under Our Royal hand and Seal MARGRETHE r./Kristian Jensen