Law Amending The Pension Yield Tax Law, Pension Taxation Law And Various Other Laws (Adjustments Of Pension Return Tax Law And Pension Taxation Law, Dividend Tax Exempt Estates And Technical Adjustments Of The Spring Package 2.

Original Language Title: Lov om ændring af pensionsafkastbeskatningsloven, pensionsbeskatningsloven og forskellige andre love(Justeringer af pensionsafkastbeskatningsloven og pensionsbeskatningsloven, udbytteskat i skattefritagne dødsboer og tekniske justeringer af forårspakke 2.

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=128871

Law amending the pension yield tax law, pension taxation law and various other laws

(Adjustments of pension return tax law and pension taxation law, dividend tax exempt estates and technical adjustments of the spring Pack 2.0)

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

In Act No. 1535 by 19. December 2007, pension yield tax law, as amended by Act No. 221 of 8. April 2008, § 1 of lov nr. 1339 of 19. December 2008, section 22 of Act No. 1344 of 19. December 2008 and section 13 of the Act No. 462 of 12. June 2009, is amended as follows: 1. In section 4, paragraph 8, the words four places ' average ' to: ' positive, ' average '.

2. In paragraph 4 (a), paragraph 2, no. 1, shall be inserted after ' net of cost and risk premium ': ', payment of guarantees for insurance without right to interest bonus '.

3. In paragraph 4 (a), paragraph 5 shall be added as 6. item:

» Pension institution may for groups in which there neither paid the cost contribution fee etc. to cover costs, choose to calculate the pension provision to a proportional share of this year's negative cost result as the Group's negative cost result divided by the number of persons in the group. '

4. paragraph 4 (a), paragraph (7), 5. paragraphs, are hereby repealed.

5. In article 7, paragraph 2, no. 1, interest, etc. shall be added after ' ': ' to cover obligations to '.

6. In article 21, paragraph 2, shall be replaced by ' 1 week before the last timely indbetalingsdag ' to: ' 1 week before the taxes are paid, but no later than 1 week before the last timely indbetalingsdag «, and» 15 days after ' shall be deleted.

7. section 22 (2), (3). paragraph is replaced by the following:

» Account holder have the amount by which the account is coated, with the current deposit interest rate for the account or with the agreement of the money or the credit institution with the lending rate as may be agreed with the institution concerned, from the date on which the Department has made the account holder in writing to the attention of the overrunning of the basic regulation. 6. paragraph. ' 8. In article 23, paragraph 2, shall be replaced by ' 31. March ' to: ' 31. may '.

9. Article 23, paragraph 4, 3. paragraph is replaced by the following:

' 1. and 2. paragraph shall not apply when transferring between two insurance companies, etc., if the insurance company, etc., from which the transfer is made, has chosen to make the final statement in accordance with paragraph 1. '

10. Under section 23 shall be inserted: ' article 23 (a). When the tax liability of the taxpayer referred to in § 1, paragraph 1, shall cease, without that there is talk about deaths, insurance company, etc. to make a final statement of the taxable amount and the taxable portion thereof. The insurance company, etc. must withhold tax and enter and deposit it to the Customs and tax administration, within 1 month after the insurer etc. have become aware of the termination. At the same time as the payment of taxes gives the insurance company, etc., the taxpayer notice of the deposit. By the final statement of the taxable amount for a retirement savings account shall be deemed to be a security for abandoned at the time of termination of tax liability for an amount equal to the fair market value at the time of termination. By this declaration must, in addition to interest due account shall be taken of the interest at the time of termination is accrued, but not due. section 23 (2) and (3) shall apply mutatis mutandis.

(2). For the purposes of section 15, paragraph 7, to the taxpayer for the use of the money the Department's statement as referred to in paragraph 1 give the Department an indication of values measured under section 15, paragraph 7, 1. and 2. paragraph, on the basis of the latest available accounts. For the purposes of section 16, paragraph 2, to the taxpayer for the use of the money the Department's statement as referred to in paragraph 1 give the Department information as referred to in section 16, paragraph 3, on the basis of the latest available accounts or by the value of the assets of the limited partnership as mentioned in section 16, paragraph 2 2. item tax liability at the time of termination, as referred to in paragraph 1.

(3). Tax Minister lays down rules on the notification in accordance with paragraph 1. '

11. In section 25 (1), (2). paragraph shall be added after ' in accordance with this law ': ' tax, tax law on the taxation of certain pension funds etc. (pension yield taxation law) '.

12. Article 25, paragraph 3 is replaced by the following: ' (3). Paragraph 2 shall not apply to transfers between two insurance companies, etc., if the insurance company, etc., from which the transfer is made, the final statement under section 23 (1). ';

13. In section 30 shall be replaced by ' section 22 ' is replaced by: ' sections 22 and 23 (a) '.

14. In article 38, paragraph 1, shall be inserted after ' the special pension savings scheme ': ' or The Supplementary occupational pension for recipients of anticipatory pension '.

§ 2

The law on the taxation of pensions, etc. (pension tax law) of the basic regulation. lovbekendtgørelse nr. 1120 by 10. November 2006, as amended, inter alia, by § 1 of lov nr. 347 of 18. April 2007, § 1 of lov nr. 1534 of 19. December 2007, § 2 of the law No. 1339 of 19. December 2008 and § 1 of lov nr. 412 of 29. May 2009 and at the latest by the section 11 of Act No. 521 of 14. June 2009, is amended as follows: 1. section 3, nr. 3, is replaced by the following: ' 3) have their head office in another country within the EU/EEA and here have permission to operate pension company and have been accepted by the Customs and tax administration. '

2. section 8 (4) shall be repealed.

3. In paragraph 11 (A) (1). 1, 2. paragraph, the words ', including the deposit period and the size of the annual deposits '.

4. In paragraph 11 (A), paragraph 5, the words ' shall lay down detailed rules concerning the statement of plan value and '.

5. In paragraph 15 (C), paragraph 5, the words ' tax year ': ' tax year, or at the time of the repeal in connection with waivers '.

6. In paragraph 21 (A), paragraph 1, the following is inserted as a 4. item:

» In the calculation of the excess amount under section 18 (2), 4. point, disregarding personal income that is not taxable to Denmark, or to which the tax court in accordance with the provisions of a double taxation treaty is the property of a foreign State, the Faroe Islands or Greenland. '

7. section 41 (1) (8). 1-3, shall be replaced by the following: ' 1) between pension schemes with ongoing payments other than discontinuing the annuities, 2) from a rate insurance in pension purposes, installment savings in pension purposes or discontinuing the annuity into a retirement plan with ongoing payments apart from a temporary annuity, see. However, paragraph 8, 3) from a rate insurance in pension purposes, installment savings in pension purposes or a temporary annuity for another installment in the pension insurance purposes, installment savings in pension purposes or discontinuing the annuity, which is created after the Act's entry into force, in accordance with article 3. However, paragraph 8, unless only one of pensions covered by § 15 A or transfer is made after the first installment payment from one of the schemes, since the transfer, however, can happen if a initiated payout process in one of the schemes can continue on the same terms, ' 8. section 42 (A) is replaced by the following: ' § 42 a. by total or partial transfer as mentioned in § 41 of a system to a newly created system for the same person or a spouse after the distribution under section 30 (2), maintained the age limits for withdrawal. Similarly, transfer to an existing system with the same age limit for withdrawal. "

9. In paragraph 53 (A) (3), (4). paragraph shall be added after ' pension yield tax law ': ' without prejudice to article. However, 6. Pkt '.

10. In paragraph 53 (A), paragraph 3, shall be inserted after 5. item:

» If the pension provider does not encounter the return after 4. and 5. paragraph, can yield instead is calculated as the difference between, on the one hand, the capital value of the scheme by the end of the year with the addition of income payments during the year and, on the other hand, the scheme's capital value at the beginning of the year plus the income payments during the year. The choice between the estimation of the rate of return after 4. and 5. point or 6-point is binding on subsequent income year. '

11. In paragraph 53 (A), paragraph 3, shall be inserted after 7. point, there will be 9. item:

» 6. and 7. paragraph shall apply mutatis mutandis. '

§ 3

In Act No. 471 of 12. June 2009 about labour market contribution (arbejdsmarkedsbidrags law) shall be amended as follows: 1. In article 1, 2nd paragraph, the words ' without prejudice to article. § 2«.

2. In article 2, paragraph 1, no. 4, shall be inserted after ' to the same extent as mentioned in pension taxation Act § 19 ': ' without prejudice to article. However, § 3, nr. 4 '.

3. In article 2, paragraph 1, no. 5, shall be inserted after ' are not to be included to the taxable income for the employee, the meaning of ': '. However, § 3, nr. 4 '.

4. In section 3, nr. 3, the words ' referred to in article 2, paragraph 1, no. 1, 2 and 4 ' to: ', as referred to in section 2 (1) (8). 1 and 2 '.

5. In section 3 is inserted as nr. 4: ' 4) Remuneration as referred to in point 1. 3, when this contribution shall be paid into a pension scheme. '

§ 4

In the law of taxation on death (Estate Tax Act), see. lovbekendtgørelse nr. 908 of 28. August 2006, as amended, inter alia, by § 1 of lov nr. 521 of 17. June 2008 and at the latest by the section 4 of Act No. 525 of 12. June 2009, is amended as follows: 1. In article 6, paragraph 1, the following is inserted as a 2. item:

» Contained dividend tax after withholding section 65 shall be refunded except for the estate. '

2. In section 30, paragraph 1, the words ' section 32 (4) of the ' to: ' section 32 (3) '.

3. In article 68, paragraph 2, the words ' section 16 (3) and (4) ' to: ' section 16 (2) and (3) '.

§ 5

In the property value Tax Act, see. lovbekendtgørelse nr. 912 of 22. August 2008, as amended by section 1 of Act No. 1340 by 19. December 2008 and section 14 of law No. 521 of 12. June 2009, is amended as follows: 1. section 14 is repealed.

§ 6


In the Act on deposits on the start-up account and entrepreneurial account, see. lovbekendtgørelse nr. 1012 by 5. October 2006, as amended, inter alia, by § 1 of lov nr. 1343 by 19. December 2008 and at the latest by section 6 of the law No. 525 of 12. June 2009, is amended as follows: 1. In article 3, paragraph 2, the words ' equation § 9 (5) ' is replaced by: ' equation § 9, paragraph 4 '.

§ 7

In kildeskatteloven of the basic regulation. lovbekendtgørelse nr. 1086 of 14. November 2005, as amended, inter alia, by § 1 of lov nr. 522 of 17. June 2008, § 4 of the lov nr. 527 of 17. June 2008, § 3 of law No. 462 of 12. June 2009 and § 1 of lov nr. 521 of 12. June 2009 and at the latest upon section 9 of Act No. 525 of 12. June 2009, is amended as follows: 1. In section 48 (F), paragraph 9, the words two places» bottom deduction ' for: ' basic amount '.

2. section 49 (A), paragraph 2, no. 7, shall be replaced by the following: ' 7) Remuneration, fees or other income that is not attributable to self-employed persons. ';

3. In paragraph 69 (A), paragraph 1, shall be replaced by ' 63 percent. ': ' 56 per cent. '

§ 8

Of the law on income tax of individuals etc. (Spanish law), see. lovbekendtgørelse nr. 959 of 19. September 2006, as amended, inter alia, by § 1 of lov nr. 459 of 12. June 2009 and no later than by section 13 of the Act No. 525 of 12. June 2009, is amended as follows: 1. In section 11 paragraph 5 is inserted: ' (5). Deduction of tax in accordance with paragraph 1-4 includes only persons who are obliged to pay income tax pursuant to section 8 (c) or the municipal income tax. '

2. In section 26 is inserted as paragraph 9: ' paragraph 9. Compensation in accordance with paragraphs 1 to 7 shall include only persons who are obliged to pay income tax pursuant to section 8 (c) or the municipal income tax. '

§ 9

Of the law on the imposition of income tax to the State (the tax assessment Act), see. lovbekendtgørelse nr. 176 of 11. March 2009, as amended, inter alia, by § 1 of lov nr. 519 of 12. June 2009 and no later than the section 12 of Act No. 525 of 12. June 2009, is amended as follows: 1. In paragraph 7 (A) (1). 1 and 2, the words ' corporate tax Act section 13, paragraph 1, no. 2 ' to: ' share of profit taxation Act section 4 (A), paragraph 1 '.

2. In article 9, paragraph 2, the words ', section 13 and section 16, paragraph 12, of this law, or ' to: ' and section 13 of this act as deductions for double homemaking after State Tax Act section 6 (a), or after '.

3. section 9, paragraph 4, shall be repealed.

Paragraph 5-7 becomes paragraph 4-6.

4. section 9 A, paragraph 10, 3. and (4). paragraphs, are hereby repealed.

5. In paragraph 9 (C), paragraph 4, the words ' per diem allowances for 1. and 2. ledighedsdag ' to: ' per diem allowances for 1., 2., and 3. ledighedsdag '.

§ 10

In tax kontrolloven of the basic regulation. lovbekendtgørelse nr. 1126 of 24. November 2005, as amended most recently by section 6 of the law No. 521 of 12. June 2009 and section 16 of Act No. 525 of 12. June 2009, is amended as follows: 1. In article 7, paragraph 1, no. 1, the words ' equation § 9 (5) ' is replaced by: ' equation § 9, paragraph 4 '.

2. section 11 (C), paragraph 4, nr. 2 (c), 1. paragraph is replaced by the following:

» This year's return of the scheme calculated according to the pension return tax law § § 3-5, unless the company instead sends information about year-end taxable yield calculated as the difference between, on the one hand, the insurance capital value at the end of the year with the addition of payments during the year and, on the other hand, insurance capital value at the beginning of this year with the addition of deposits during the year, in which case the company instead of providing information about the scheme, deposits by the end of the year income without prejudice to article. (a) sending information on the capital value of the scheme by the income of the year. '

§ 11

In Act No. 347 of 18. April 2007 amending the pension taxation Act, the Act on a labour market fund and kildeskatteloven. (Raising of age limits and repayment of efterløns-and fleksydelsesbidrag) is amended as follows: 1. section 4, paragraph 4, shall be replaced by the following: ' (4). § 1, nr. 1, 3-18, 20-28, 30, 31 and 40, has effect for all pension schemes, see. However, 2. PT. For pension plans created before the 1. May 2007 maintained the time for earliest disbursement of the scheme in accordance with the rules, as evidenced by the lovbekendtgørelse nr. 1120 of 20. December 2006 on the taxation of pensions, etc. (pension taxation law). '

§ 12

In Act No. 412 of 29. May 2009 amending the pension taxation Act and the Act amending the various tax laws. (Ceiling for deposits to installment schemes and discontinuing annuities, waiver of the minimum age for creation of installment-and kapitalpensions systems, as well as the increase of the age limit for payment of kapitalpensions schemes, etc.) shall be amended as follows: 1. In article 3, paragraph 9, shall be inserted after 1. item:

» Be reduced or cease payments into a pension scheme with periodic payments as referred to in 1. point at a later time after the split, will find the pension taxation Act section 18 (A) does not apply. '

2. In article 3, paragraph 9, the words two places» 1. and (3). paragraph. ': ' 1. and 4. point ' 3. In section 3, paragraph 10, shall be inserted after 6. item:

» Be reduced or cease payments into a pension scheme with periodic payments as mentioned in 5. point at a later time after the split, will find the pension taxation Act section 18 (A) does not apply. '

4. In section 3, paragraph 11, shall be inserted after 6. item:

» No matter 6. paragraph finds pension taxation Act section 21 (A), paragraph 2, as amended by this Act, section 1, no. 51, apply for taxpayers who in the income year 2009 has made deductions for paid or overdue premiums and contributions under Pension Tax Act section 18, paragraph 5, 4. and 5. item, for the portion of the premiums and the contribution that exceeds 30 percent of the profits from self-employment. '

5. In section 3, paragraph 12, 1. paragraph shall be added after ' mandatory deposits ' means ' to pension schemes covered by the pending the entry into force of this law up-to-date version of pension taxation Act section 8 or section 11 (A), or to a temporary annuity '.

6. In section 3, paragraph 13, insert as 2. item:

' In addition, the taxpayer's employer for the income year 2014 make deposits to rate insurance in pension purposes, installment savings in pension purposes and for discontinuing the annuities, see. pension taxation Act section 21 (2). '

section 13

In Act No. 462 of 12. June 2009 amending stock profit tax law, tax kontrolloven, kildeskatteloven, tax assessment Act and various other laws. (Simple and efficient control and less tax planning), shall be amended as follows: 1. In article 20, paragraph 5, shall be added after ' article 2, nr. 3, ': ' § 3, nr. 4 '.

2. In article 20, paragraph 10, the words ' no. 19-22 ' is replaced by: ' no. 23-26 '.

§ 14

In Act No. 472 of 12. June 2009 about tax-free compensation for increased energy and environmental taxes is amended as follows: 1. Article 5, paragraph 7, shall be replaced by the following: ' (7). Receives one of the persons referred to in paragraphs 2 to 6, family allowance under section 4, paragraphs 2-5 or 7 of the law on the family allowance, the additional compensation is granted pursuant to section 1, paragraph 2, to this person without application. Shall be paid to the family income of the child, is the granting of the additional compensation in accordance with paragraphs 2 to 6, however, after approval of the Customs and tax administration. '

§ 15

In Act No. 516 of 12. June 2009 amending the Danish financial statements Act, Danish financial business Act and various other acts. (Changes due to corporate law), is amended as follows: 1. section 19, no. 4-6, is repealed.

§ 16

In Act No. 519 of 12. June 2009 amending tax assessment Act and various other acts. (Taxation of employee benefits, travel deduction, gift deductions, day care deductions and travel deductions, etc.) is amended as follows: 1. In section 5, paragraph 10, the following is inserted as a 6. item:

» Limitation of employees deduction after equation § 9, paragraph 1, does not include the expenses incurred by employees can deduct after 2-5. paragraph. '

§ 17

In Act No. 521 of 12. June 2009 amending kildeskatteloven and various other laws. (Simplification of the rules on the collection of social contributions and consequential amendments as a result of the spring package 2.0, etc.) is amended as follows: 1. In section 29, paragraph 7, shall be inserted after ' fixed ': ' withholding tax base amount in section 5 (B), paragraph 2, to 13,600 USD and '.

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

(2). sections 1, 2, 5 and 6, § 7, nr. 1, and sections 9 to 12, 14 and 16 shall take effect as from the income year 2010.

(3). § 4, no. 1, shall apply when a person has died as a result of the 1. January 2010 or later. § 4, no. 3, shall apply to the boer and between periods relating to persons who have died as a result of the 1. January 2010 or later, and by the shift of the undivided live in the surviving spouse alive, when the request for change is submitted the 1. January 2010 or later.

(4). § 7, nr. 2, shall take effect as from the income year 2011.

(5). § 7, nr. 3, shall take effect from the 1. January 2010.

(6). § 8 shall take effect as from the income year 2012.

(7). § 13, nr. 1, have effect from 14. June 2009.

Given at Christiansborg Palace, the 16. December 2009 Under Our Royal hand and Seal MARGRETHE r./Kristian Jensen