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Law Amending The Tax Assessment Act And Personal Tax Law (Investment In Renewable Energy) Reprinted Definitive Series

Original Language Title: Lov om ændring af ligningsloven og personskatteloven(Investering i vedvarende energi) Omtryk

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Law of the Change of Equation Act and Social Tax Code

(Investment in renewable energy)

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 imposition of income tax to the State (body of equal pay), cf. Law Order no. 1365 of 29. November 2010, as last amended by Section 38 of Law No 698 of 25. June 2010 is amended as follows :

1. § 8 P ITREAS :

" § 8 P. Physical people who own renewable energy plants or units in renewable energy plants subject to section 2 (2). In the area of the promotion of renewable energy, the income of the taxable income may choose to include the income of the energy plant in accordance with the rules laid down in paragraph 1. Two and three. The choice shall have effect on all renewable energy plants or units in renewable energy plants, which the physical person owns and subsequently acquires, and is binding on and with the income in which the last plant or other parts are claimed shall be.

Paragraph 2. Of that part of the gross income of the renewable energy plant that exceeds 7 000 cages, 60% shall be counted. for the taxable income.

Paragraph 3. Where the gross income of the operation of renewable energy plants is taken into account for the taxable income in accordance with the rule set out in paragraph 1. 2, no deduction may be made for expenditure associated with the operation of the renewable energy plant, including depreciation.

Paragraph 4. If the taxable person chooses to apply the rules laid down in paragraph 1, 2 and 3, the renewable energy plant or the shares of renewable energy facilities for private purposes are used exclusively for private purposes.

Paragraph 5. If the taxable person chooses not to apply the rules laid down in paragraph 1, 2 and 3 shall be considered to be renewable energy installations or the shares of the renewable energy plant exclusively for commercial purposes.

Paragraph 6. The provisions of paragraph 1. 1-4 comprises :

1) Renewable energy plants that are associated with a household and which do not have a business purpose ; and

2) renewable energy facilities and units in renewable energy plants where the plant or the award price is fixed in accordance with the same principles as the tender price for wind turbine units in section 14 (4). Three, in the promotion of renewable energy.

Paragraph 7. In the case of a transfer of renewable energy plants or units in such plants, where the income before the transfer was taxed in accordance with paragraph 1. However, no tendering price shall be fixed in accordance with paragraph 1. 6, no. 2.

Paragraph 8. The Tax Minister may decide that Energinet.dk or a public authority shall decide on cases fixing the tender price for renewable energy plants or units in renewable energy-plants in accordance with paragraph 1. 6, no. 2.

Niner. 9. The tax minister may lay down detailed rules for the payment of a fee in relation to the processing of cases fixing the tender price for renewable energy plants or units in renewable energy-plants in accordance with paragraph 1. 6, no. 2. The fee shall cover the costs of Energinet.dk or a public authority that is connected to the processing of the case. "

§ 2

In the law on income tax for persons, etc. (the person tax law), cf. Law Order no. 959 of 19. September 2006, as last amended by Section 1 of law no. 725 of 25. June 2010 is amended as follows :

1. I Section 4 (4). 7, ' windmills or wind turbine units ` shall be replaced by : ' renewable energy facilities or units in renewable energy facilities ` ;

§ 3

Paragraph 1. The law shall enter into force on the 31. December 2010.

Paragraph 2. The law shall take effect from 1. January, 2010.

Paragraph 3. The provisions of Article 8 (4) of the body of the equation. 1 4, as drawn up by the paragraph 1 of this law. Paragraph 1 shall apply to windmills or wind turbine shares acquired by natural persons prior to the 17th. November 2010, provided that the owner of the income of the income of the year 2009 has chosen to make the taxable income in accordance with the rules laid down in Article 8 (8) of the body of the body of the body. 2 and 3, as drawn up by law no. 488 of 12. June 1996.

Paragraph 4. The provisions of Article 8 (4) of the body of the equation. 1 4, as drawn up by the paragraph 1 of this law. Paragraph 1 shall apply to windmills or wind turbine units acquired by natural persons after the 31. December 2009, but before the 17th. In November 2010, if the owner of the income in question is the owner of the income year 2010, the income of the income year 2010 shall choose to make the taxable income in accordance with the rules of the section 8 P (4) of the body of the body. 2 and 3, as drawn up by law no. 488 of 12. June 1996.

Givet at the Christiansborg Castle, the 21st. December 2010

Under Our Royal Hand and Segl

MARGRETHE R.

/Troels Lund Poulsen

Retryksnote
  • 24-08-2011 :
  • The law has been reprinted, since the text "Under Our Royal Hand and Segl" prior to the name of the Regent or Regent, due to an error in the technical production of the formula, was omitted. The failure therefore does not apply to the law.