Law Amending The Stock Profit Taxation Law, Corporation Tax Act And Various Other Acts (Follow-Up On Harmonization Of The Companies ' Equity Returns Taxation, Etc.) Reprinted Definitive Series

Original Language Title: Lov om ændring af aktieavancebeskatningsloven, selskabsskatteloven og forskellige andre love(Opfølgning på harmoniseringen af selskabers aktieafkastbeskatning m.v.) Omtryk

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

(Follow-up of the harmonisation of companies ' share taxation and other duties)

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. 89 of 25. In January 2010, as amended by Section 3 of Act 3. 724 of 25. June 2010 and section 3 of the Law No 1561 of 21. In December 2010, the following changes are made :

1. I Section 2 (2). 3, no. 6, the ' stock ' shall be replaced by ' shares covered by § 17 ` ;

2. After Section 2 is inserted :

" Transferring investment unifying evidence

§ 3. Translated investment unifying evidence is always considered to be investment unifying evidence that is engaged in trade in a regulated market. '

3. I § 4 A, paragraph 1 1, is changed " cf. however, paragraph 1 2-4 "to :" cf. however, paragraph 1 Two, three and seven.

4. § 4 A, paragraph 1 3, ITREAS :

" Stop. 3. The data company assets shall be deemed to have been owned directly by the direct and indirect shareholders of the parent company, which are covered by the section 1, section 2 (2) of the company tax liability. 1 (a) (a) or § 31 A or 32, the Danish Fund Code, section 1 or of the body of the Pension Act, section 16 H, which shall be the owner of at least 10% of the shareholder ' s shareholder and the intermediary. of the share capital of the underlying company. However, this only applies if the following conditions are all met :

1) The primary function of the intermediate holding company is ownership of subsidiary assets and corporate assets, cf. § 4 B.

2) The interchange company does not carry out any real economic activity relating to the ownership of the stock.

3) The company owner does not own the entire share capital of the subsidiary, or the interchange company owns the entire share capital of a subsidiary that is not taxable in Denmark and where the tax on profits from the subsidiary network is directly responsible for the business of the subsidiary undertaking ; Ownership would not have to be reduced or dropped according to the provisions of Directive 90 /435/EEC on a common taxation system for the mother and subsidiaries of different Member States or by a double-tax agreement with the Faroe Islands, Greenland or the State in which the subsidiary company is based.

4) The shares of the interchange party are not available for trade in a regulated market or a multilateral trading facility.

5) More than 50%. of the share capital of the intermediary company, directly or indirectly of undertakings, etc. as mentioned in 1. pkton, which would not be able to receive yields tax freely by direct ownership of the shares of each subsidiary. `

5. I § 4 A inserted after paragraph 1. 3 as new slices :

" Stop. 4. If the same shares are in the same shares as paragraph 1. 3 is directly owned by several corporate shareholders covered by paragraph 1. THREE, ONE. pkt., is the stock is considered to be owned directly by the top shareholder.

Paragraph 5. If the stock is owned by corporate shareholders as referred to in paragraph 1. 3, no. 5 shall be added to the yield of yield, to be taken into account in the balance sheet, in the balance sheet, in the case of the inventory. 3, no. 5 :

1) holdings belonging to personal shareholders with a determinant influence, cf. Section 16 H (3) of the body of the body. Six, in the corporate shareholder.

2) Persons belonging to persons who are close to the personal shareholders, cf. Section 16 H.

3) Portfolio holdings belonging to companies, etc., where the person group referred to in paragraph 1 shall be subject to the number of persons concerned. 1 and 2 determine the influence, cf. Section 16 H (3) of the body of the body. 6.

4) Portfolio holdings belonging to funds and so on by the person group referred to in paragraph 1. 1 and 2, cf. Section 16 H (3) of the body of the body. 6.

Paragraph 6. In the case of the retention of yield tax, according to the section 65 of the source tax rate, in case of a corporate shareholder in accordance with paragraph 5. 3 shall be deemed to own shares in underlying companies directly, the company ' s undertaking for payment of an amount equal to the tax value of the company shareholder ' s share of the extracted dividends to the intermediate holding company. The payment shall not have any fiscal consequences for the paying or the recipient. `

Paragraph 4 becomes paragraph 4. 7.

6. § 4 B, paragraph 4. 2, ITREAS :

" Stop. 2. Corporate assets shall be deemed to have been owned directly by the shareholders of the owning company ' s shareholders, which are covered by the section 1, section 2 (2) of the corporate tax. 1 (a) (a) or § 31 A or 32, the Danish Fund Code, section 1, or equal to 16 H, which owns at least 10% of the Fund. of the share capital of the underlying company in any link between the shareholder and the interchange party. However, this applies only if all the conditions in section 4 A (1) are applied. 3, no. 1-5, have been met. § 4 A, paragraph 1 4-6, shall apply mutatis muth. `.

7. After Section 5 is inserted in Chapter 1 :

" Tab

§ 5 A. Loss of loss of shares can be deducted only to the extent that the loss exceeds the sum of the following yields :

1) Received yields of the shares in question, which the taxable owner has been exempt from the income of the income.

2) Received yields of the shares in question, where the taxable person has achieved relief for profit-making charges after a double-tax agreement with a greater amount than the tax paid to the foreign state. An amount equal to the increase in relaxation shall be counted.

Paragraph 2. The sum of yields received in paragraph 1. 1 shall be increased to the extent to which the taxable of the benefits provided for in the company concerned has received equivalent yields which have not already reduced loss-deduction in accordance with paragraph 1. 1.

Paragraph 3. Companies which are taxable in accordance with section 17 or are covered by Section 43 (3). 4, shall be the sum of yields received in accordance with paragraph 1. 1 include all grants and dividend of profit-preferential benefit granted by the company-giving corporate corporation and group companies which directly or indirectly affect, directly or indirectly, to the other ; corporate companies which are not directly or indirectly influencing by the company-giving group. Corporate companies shall include companies in the same group, after company tax, section 31 C. 1. Act. the corresponding use shall apply to persons who are taxable in accordance with section 7 if these directly or indirectly affect both the subsidy and the receiving company of the subsidy-receiving party. `

8. Section 13 (1). 3, revoked.

9. § 17, paragraph 1. 2, ITREAS :

" Stop. 2. Notwithstanding paragraph 1 1 may result from the loss of group-internal convertible bonds and the drawing-up of such convertible bonds not deducted from the deduction of the taxable income. In the group ' s internal convertible bonds, bonds are the bonds of corporate affiliates, cf. corporate tax havens, section 31 C. "

10. I Section 22 (2). 1, is inserted after 1. Act. :

" 1. Act. However, it shall be applicable only if net profit or net loss of net losses in net gains and net losses on debts and debts covered by the exchange rate of section 14 and 23 shall exceed 2 000 DKK ` ;

11. I § 23 A, 1. pkt., is inserted after "§ 9" : "and section 17".

12. § 25, paragraph. 3, ITREAS :

" Stop. 3. Paragraph 1 shall not apply in cases where gains and losses are made according to the stock principle. ` ;

13. I § 28, paragraph 1. 2, pasted as Three. Point. :

" No matter one. and 2. Act. find paragraph 1. Paragraph 1 shall not apply where a loss to the shares acquired in respect of the capital deficit is not included in the inventory of the taxable income, in accordance with the provisions of the financial contribution. § 8. "

14. The following section 28 is inserted :

" § 28 A. A claim on a capital owner for non-paid self-paid capital shall be established in accordance with the requirements of the Community. section 33 of company law shall be reduced to the amount of the purchase price of the shares drawn up in connection with the foundation of the claim, with an amount equal to the amount receivable.

Paragraph 2. The storage principle of the stock in which the purchase price is to be reduced in accordance with paragraph 1 shall be applied. 1, the value of the shares shall be reduced by the beginning of the income year of the year in which the debt is being written down. In the case of shares acquired during the income year, the amount of the acquisition shall be used instead of the value of the shares at the beginning of the income year. `

15. I § 33 A, paragraph. 2, no. 2, in the words ' § 8 ` is replaced by ' § 8 or 10 `.

16. I § 38, paragraph. FOUR, THREE. pkt., "§ § 13, 14" to : "§ § 13-14".

17. I § 39, paragraph. THREE, ONE. pkt., is replaced by ' 76/308/EEC of 15. in March 1976, as amended by Council Directive 79 /1071/EEC of 6. December 1979, Council Directive 92 /108/EEC of 14. December 1992 and Council Directive 2001 /44/EC of 15. June 2001 " to : 2008/5/EC of 26. May 2008.

18. I § 39, paragraph. 3, pasted as 3. and Act 4. :

" The person's relocation has taken place to a country which is covered by the one in 1. Act. the agreement referred to in 1. Act. whereas the said Directive and moving the person subsequently moved on to a country that is not covered by the said Agreement or Directive, shall continue to be subject to reassuring safety, as set out in the said Agreement. 2. Act. The person ' s relocation has taken place to a country that is not covered by it in 1. Act. the agreement referred to in 1. Act. whereas the said Directive and moves the person subsequently to a country covered by the said Agreement or Directive, shall be released upon request. ' ;

19. I § 39 A, paragraph. 4, pasted as Act 5. :

' However, a maximum amount shall be paid corresponding to the negative tax value of the loss of losses calculated on the basis of the rules of Section 8 of persons tax. `

20. I § 39 A, paragraph. 11, is inserted after 1. Act. :

"At the same time as the submission of this tax return, the address must be given of the address of the time of submission."

21. I § 39 A pasted as paragraph 13 :

" Stop. 13. The customs and tax administration may request the person to submit, within a reasonable time, the documentation to be submitted for the fixing of the amount of the payment in accordance with the rules laid down in paragraph 1. 2-10. If the documentation is not submitted in good time, the reference shall be suspended and the amount that is in the chaperone of the chaperone shall be due. Customs and tax administration may disregard the time limit set by the prescribed period. The deadline for payment of the amounts covered by 2. Act. is the second month following the submission of the payment requirement with the last payment day of the 20th. at the month of the month. Nock. 12, 2. and 3. pkt; shall apply mutatis muth; `.

22. The following section 39 B is inserted :

" § 40. The amount of the amount according to Section 39 A is written down by the tax which the person has paid on shares included in the inventory summary as a result of company tax havens. 5, cf. Section 16 A (3) of the body of the body. 3, no. 1 (c). Saldoen is written down when the treasure is paid. The balance could not be reduced to less than 0 kr. "

23. I § 43 pasted as paragraph FOUR :

" Stop. 4. Tab by shift of fiscal status after section 33 A (s). 2, no. 1 to be covered by Section 9 may be dedusable in the net profits of the income year on the same shares when the shares are acquired during the period from the 23rd. April 2006 to the 22nd. April 2009. The change of fiscal status must be made at the latest on the fourth income following the income year, where the stock is acquired. The loss of a loss after 1. Act. dedude from the following revenue, in accordance with the principles applicable to losses covered by Section 9 (1). 4, as the loss alone can be deducee in net profits on the same shares. The resulting loss shall be granted in the income year in the income year and shall form part of the tax recruitment of the income concerned. The loss is lost if the shareholder after the fiscal status change draws new shares in the same company as a proportion to the commercial value of the shares. The loss shall lapses if the stock subsequently changes the fiscal status of paragraph 33 A (a). 2, no. 2, to be covered by Section 8. Life insurance companies can't discervior after 1. Pct. "

§ 2

In the case of a tax on profit by the immovable property of property (Real Estate Taxation Act), cf. Law Order no. 891 of 17. In August 2006, as amended, inter alia, section 5 of the Act of Law No, 525 of 12. June 2009 and section 4 of the Law No 725 of 25. June 2010 and at the latest at Section 2 of Law No 1560 of 21. In December 2010, the following changes are made :

1. § 6 A, paragraph 1 FIVE, ONE. pkt., ITREAS :

" Notwithstanding paragraph. ONE, FOUR. pkt;, shall be deemed to have a party in which the owner of the fixed property and his spouse directly or indirectly have a determining influence, for commercial activities. `

§ 3

In the law on the taxation of funds and certain associations (the Fund Taxation Act), cf. Law Order no. 1248 of 2. In November 2010, as amended by Section 7 of Law No 513 of the seventh. June 2006, the following changes shall be made :

1. Section 3, paragraph 3. 3, ITREAS :

" Stop. 3. Fmean covered by § 1, nr. 1 and 4 may apply the principle of application in the calculation of winnings and losses in the portfolio of portfolios, cf. the section 9 of the asset tax. However, the Fund cannot apply the principle of application to investment unifying evidence, as has been mentioned in Article 20 (5) of the asset. 1, and investment union certificates as referred to in section 20 A of the Asset Taxation Act, where the investment association is subject to the definition in the section 22 (22) of the asset ' s assets. Two and three. Furthermore, the fund cannot apply the principle of application to portfolio management, which is concerned with trading in a regulated market or a multilateral trading facility, if the Fund has applied the stock market of such shares. It is a condition that the fund applies the principle of application to all portfolio tactics with the exceptions that result from 2. and 3. Act. If the Fund in an income has applied the storage principle of portfolios that is not available for trade in a regulated market or a multilateral trading facility, the Fund ' s access shall be suspended after 1. Act. to apply the principle of application to portfolio management. Access after 1. Act. to apply the principle of implementation of the portfolio of portfolios engaged in trade in a regulated market or a multilateral trade facility, subject to the allocation of an amount equal to the sum of the income of the taxable income before deduction under sections 4 and 5 and revenues, as provided for in paragraph 1. 2 and Section 10 shall not be included in the taxable income. Provisions covered by Section 4 (4). 4, 8 and 9, and section 5 (5). 1 and 2 shall be placed on the side of the divisions. However, assignments where provisions are used shall not be taken into account. It's not a requirement after 6. ptangle that the Expansions are deductible. The condition of 6. Act. shall be deemed to have been fulfilled, even though the Fund has used part of the income of the income concerned to the payment of income tax, in accordance with the requirements of the income tax. Article 11 or has applied part of the income of the income concerned for the payment of tax to a foreign state, Faroe Islands or Greenland, as a result of the tax return on the income of shares, interest, or Royalty from sources there. If the Fund in an income does not meet the condition in 6. or, in the case of an income, a tax shall be replaced by Article 4 (1). 6 or 8, of unused deeviction amounts in the income of the year 2010 or later, the storage principle and with the income concerned shall be applied to such shares in the income of the year. Article 24 (2) of the field of activity on the part of the asset. THREE, ONE. .. shall apply when switching from the principle of application to the principle of storage. `

2. I Section 3, paragraph 3. 6, the 'Law on Funds' is replaced by 'the law on funds and certain associations'.

§ 4

In the Act on fusion, fission and the transfer of assets, etc. (Merger tax law), cf. Law Order no. 1260 of 3. November 2010, as amended by Section 17 of Law No 1. 516 of 12. In June 2010, the following changes are made :

1. I § 8 (3) ONE, ONE. pkt., after ' this company ', the following shall be inserted : `, cf. however, section 10 (1). TWO. "

2. I § 8 (3) 4, in section 17 (4), 2, "to :" § 5 A ".

3. I Section 9 (1). 2, pasted as Act 2. :

" No matter one. Act. the cash payment shall be treated as a benefit in the cases referred to in Article 16 A (1) of the body of the body. 3, no. 1. "

4. I § 10 pasted as paragraph 2 :

" Stop. 2. Descending and loss of shares owned by the incoming company at the receiving party and which in the merger is annulled or become own shares in the receiving party by this company ' s inheritance of assets and liabilities from the incoming company company, do not count on the income statement, if the incoming company owns 10%. or more of the capital of the receiving company. "

5. I § 12, paragraph 1. 3, is inserted after 2. Act. :

' For insets and so forth, any subsidy granted by the company or association and by group companies, cf. section 31 C, for which the company or association directly or indirectly determines, to corporate companies, which the company or association does not have a determining influence over. ` ;

6. I § 12, paragraph 1. 7, 1. and 2. pkt., is replaced by ' 2. -4. Pct. " To : " 2. 5. Pct. "

7. I Section 15 (3). 4, pasted as 4.-7. Act. :

" No matter one. Act. shall be taxed by the cancellation of shares in the holding company which is being cancelled by a consignifying company at the concentration, which shall yield on the basis of which the recipient company owns at least 10%. in the case of share capital of the incoming company, and where the yield tax is not to be dropped or reduced in accordance with the provisions of Directive 90 /435/EEC on a common taxation system for the mother and subsidiaries of different Member States, or after a double-tax agreement with the Faroe Islands, Greenland or the State where the parent company is native. Similarly, the charges shall be taxed by the cancellation of shares in the incoming company which is being cancelled by a company receiving company in the case referred to in Section 16 A (1) of the body of the body. 3, no. 1 (b). It's either one or three. Act. a condition for the application of the rules laid down in Chapter 1 that authorization from customs and tax administration shall be authorised if a person or company which determines the influence of the incoming company in accordance with the rules of the administration. the section 2 of the body of the body and which is not covered by 4. or 5. in the case of a non-resident in the European Union or in a State which has a double tax agreement with Denmark. Customs and tax administration may lay down special conditions for the permit. `

8. I Section 15 (3). 5, pasted as Three. Point. :

" The shareholders of the incoming company shall be taxed in the cases referred to in Article 16 A (1) of the body of the body. 3, no. 1, of the encoding by the connition of the incoming company as a yield. `

9. ~ 15 a (a) (a) ONE, TEN. pkt., ITREAS :

" FOUR. Act. shall not apply either if a person or company which determines the influence of the incoming company, cf. The section 2 of the body of the body is neither in the European Union nor in a State that has a double-taxation agreement with Denmark. `

10. I ~ 15 a (a) (a) 2, pasted as Act 4. :

' It is finally a condition for the application of paragraph 1. ONE, FOUR. a point that no account shall be given to companies which have at least 10% of the spaltine. of the capital of the incoming company, or whose shares in the incoming company are subject to the section 4 B of the shares of shares of shares. '

11. I § 15 c (3) (c) ONE, FOUR. pkt., change ' 5. -8. Pct. " To : " 5. 7. Pct. "

12. § 15 c (3) (c) ONE, EIGHT. pkt., revoked.

§ 5

In the source tax law, cf. Law Order no. 1403 of 7. In December 2010, as last amended by Section 3 of Act 3. 1560 of 21. In December 2010 and section 1 of the Law No 1565 of 21. In December 2010, the following changes are made :

1. I Section 2 (2). 1, no. SIX, ONE. pkt., the section 16B of the body of the body of the body of the body of the body of the body of the body of the body of the body 1 '.

2. I § 73 E (3). THREE, ONE. pkt., is replaced by ' 76/308/EEC of 15. in March 1976, as amended by Council Directive 79 /1071/EEC of 6. December 1979, Council Directive 92 /108/EEC of 14. December 1992 and Council Directive 2001 /44/EC of 15. June 2001 " to : 2008/5/EC of 26. May 2008.

3. I § 73 E (3). 3, pasted as 3. and Act 4. :

" The person's relocation has taken place to a country which is covered by the one in 1. Act. the agreement referred to in 1. Act. whereas the said Directive and moving the person subsequently moved on to a country that is not covered by the said Agreement or Directive, shall continue to be subject to reassuring safety, as set out in the said Agreement. 2. Act. The person ' s relocation has taken place to a country that is not covered by it in 1. Act. the agreement referred to in 1. Act. whereas the said Directive and moves the person subsequently to a country covered by the said Agreement or Directive, shall be released upon request. ' ;

§ 6

In the law on fiscal treatment of profit and loss of debts, debts and financial contracts (the exchange rate law), cf. Law Order no. 1002 of 26. In October 2009, as amended by Section 1 of Act 1. 724 of 25. June 2010, section 4 of law no. 1561 of 21. In December 2010 and section 3 of the Law No 174 of 4. March 2011, the following changes are made :

1. I § 3 in sections 4, 5 and 24 A `, the words ' sections 4 and 5 ` shall be replaced by '.

2. I § 6 in sections 8, 24 and 24 A ', change ' § § 8 and 24 `.

3. § 8, 2. pkt., ITREAS :

' The tax-free gain shall be made as the difference between the debt value of the payment and the creditor ' s value at the time of the cancellation of the debt. `

4. I Section 22 (2). 1, in section 26, paragraph 1 shall be amended. The fourth is to : section 26 (4). FIVE. "

5. I § 23, 1. pkt., is inserted after "§ 22" : "or section 24 A".

6. I § 23, 2. pkt., the following section 14 shall be inserted after ' section 14 ` : ` and the gains and losses of investment unifying evidence in the bonding of debt securities-based investment organisations, cf. Asset Taxation Act, section 22, "

7. section 24 (2). ONE, TWO. pkt., ITREAS :

' The tax-free gain shall be made as the difference between the debt value of the payment and the creditor ' s value at the time of the cancellation of the debt. `

8. Insert after section 24 :

" Chapter 4 a

Non-paid company capital

§ 24 A. The profit and loss of debts and debts relating to non-payment capital shall not be included in the inventory of the taxable income. `

9. I § 25, paragraph. 1, the ' paragraph shall be amended 2 : 12 ` shall be : 2-10.

10. I § 26 inserted before paragraph 1. 1 as new paragraph :

' Fewings and losses on debts and debts shall be established in accordance with the rules laid down in paragraph 1. 2-5, cf. however, section 25 (3). 2-5, on the storage principle and section 25 (2). 7-10. "

Paraglical paragraphs 1 to 4 are then referred to in paragraph 1. 2-5.

11. Section 31 (1). ONE, THREE. pkt., ITREAS :

" 1. Act. does not, however, apply to contracts as referred to in 2. Act. in the case of shares in respect of which the taxable person shall make a profit and loss in accordance with the rules laid down in Article 23 (1) of the Asset Taxation Act. FIVE. "

12. Section 32 (1). TWO, ONE. and 2. pkt., ITREAS :

" Loss of a contract, as mentioned in paragraph 1. ONE, ONE. PC can be deducted from the income of the income year on contracts. Further losses may be deduceedto the extent that the loss does not exceed the income tax-based net gains in the net income of contracts, but not a previous income from 2002. `

13. Section 32 (1). THREE, ONE. pkt., is hereby repealed and the following shall be inserted :

" Loss of contracts that do not deducts from paragraph 1. 2, may deduction in net profits on shares admitted to trading in a regulated market if the contract is restricted exclusively or under the obligation to waive or acquire shares or are based on a stock index. It is also a condition of deduction after 1. PC, either the contract, the underlying shares, or the shares included in the index on which the contract is based is engaged in trade in a regulated market. `

14. I Section 32 (1). THREE, TWO. pkt., is replaced by " 1. Pct. " To : 1. and 2. Pct. "

15. I Section 32 (1). THREE, FOUR. pkt., is replaced by ' 1. -3. Pct. " To : " 1. 4. Pct. "

16. I § 38, paragraph. THREE, ONE. pkt., is replaced by ' 76/308/EEC of 15. in March 1976, as amended by Council Directive 79 /1071/EEC of 6. December 1979, Council Directive 92 /108/EEC of 14. December 1992 and Council Directive 2001 /44/EC of 15. June 2001 " to : 2008/5/EC of 26. May 2008.

17. I § 38, paragraph. 3, pasted as 3. and Act 4. :

" The person's relocation has taken place to a country which is covered by the one in 1. Act. the agreement referred to in 1. Act. whereas the said Directive and moving the person subsequently moved on to a country that is not covered by the said Agreement or Directive, shall continue to be subject to reassuring safety, as set out in the said Agreement. 2. Act. The person ' s relocation has taken place to a country that is not covered by it in 1. Act. the agreement referred to in 1. Act. whereas the said Directive and moves the person subsequently to a country covered by the said Agreement or Directive, shall be released upon request. ' ;

18. I § 38 A, paragraph. 4, pasted as Act 5. :

' However, a maximum amount shall be paid corresponding to the negative tax value of the loss of losses calculated on the basis of the rules of Section 8 of persons tax. `

19. I § 38 A, paragraph. 8, is inserted after 1. Act. :

"At the same time as the submission of this tax return, the address must be given of the address of the time of submission."

20. I § 38 A pasted as paragraph 10 :

" Stop. 10. The customs and tax administration may request the person to submit, within a reasonable time, the documentation to be submitted for the fixing of the amount of the payment in accordance with the rules laid down in paragraph 1. 2-7. If the documentation is not submitted in good time, the reference shall be suspended and the amount that is in the chaperone of the chaperone shall be due. Customs and tax administration may disregard the time limit set by the prescribed period. The deadline for payment of the amounts covered by 2. Act. is the second month following the submission of the payment requirement with the last payment day of the 20th. at the month of the month. Niner, 9, 2. and 3. pkt; shall apply mutatis muth; `.

21. I § 41, paragraph. 14, 15, 16 and 17, and § 42, paragraph. 11, 13 and 15, in section 26, paragraph 1 shall be amended. 1 and 2 ` shall be replaced by : ' 26, paragraph 1. Two and three.

22. I § 42, paragraph. 12 and 14, in section 26, paragraph 1 shall be amended. 1 ' shall be : section 26 (4) ; TWO. "

23. I § 43 pasted as paragraph 6 :

" Stop. 6. Loss of financial contracts recorded in the income of the year 2009 or earlier, and which, according to the rules laid down in section 31 of the Act of Law, no. 140 of 5. February 2008 could have been put forward for deduction in the year 2010 or later, but which are not covered by § 31 or § 31 A, shall be treated in accordance with the rules laid down in paragraph 31 (1). 3. "

§ 7

In the case of the imposition of income tax to the State (body of equal pay), cf. Law Order no. 1365 of 29. In November 2010, as amended in section 4 of Act 4. 462 of 12. June 2009, and at the latest at Section 2 of Law No 1595 of 22. In December 2010 and section 2 of the Law No 1612 of 22. In December 2010, the following changes are made :

1. I Section 15 (3). TWO, TWO. pkt., the following shall be inserted after ' debt obligation ` shall mean the ' and release of debt obligations which constitute tax-free income according to section 13 (3) of the company tax havens. 1, no. 2, or tax-free subsidy according to company tax relief section 31 "."

2. I Section 15 (3). TWO, THREE. pkt., is replaced by ' § 8 ` to : ' § § 8 and 24 A `.

3. § 16 A, paragraph 1 3, no. 1, ITREAS :

" 1) The encoding of winding-up projects carried out during the calendar year in which the company will finally be dissolved unless the encoding is covered by paragraph 1. 2, no. 2, or one of the following conditions is met :

a) The recipient company owns at least 10%. of the stock record of the company winding up and the encoding shall be subject to section 2 (2) of the corporation tax. 1 (c).

b) The recipient company owns less than 10%. of the share capital, the tax obligation of yields, cf. corporate tax tenment section 2 (2). 1 (c) and determine the influence of the liquidation party in accordance with the liquidation of the company. However, this shall not apply where the receiving company is indigenous to a Member State of the European Union or the EEA, and the yield tax should have been dropped or reduced in accordance with the provisions of Directive 90 /435/EEC; or the double-tax agreement with the State in question in the case of subsidiary assets.

c) The receiving physical person is non-EU/EEC; and has a firm influence in the company that liquidate liquidation, cf. § 2. "

4. I § 16 A, paragraph 1 5, in two places '. 4, 1. -4. Pct. " for the following : 4, 1. -5. Pct. "

5. § 16 B, paragraph 1. 2, no. 2, ITREAS :

" 2) In the case of a company in winding-up proceedings in the calendar year in which the company will finally be dissolved unless one of the following conditions is met :

a) The holding company owns at least 10%. of the stock record of the company winding up and the encoding shall be subject to section 2 (2) of the corporation tax. 1 (c).

b) The owner of the company owns less than 10%. of the share capital, the tax obligation of yields, cf. corporate tax tenment section 2 (2). 1 (c) and determine the influence of the liquidation party in accordance with the liquidation of the company. However, this shall not apply where the receiving company is indigenous to a Member State of the European Union or the EEA, and the tax on yield should have been dropped or reduced in accordance with the provisions of Directive 90 /435/EEC or the double-tax agreement with the State in question in the case of subsidiary assets.

c) The off-hand natural person is non-EU/EEC; and has a dominant influence in the company that is liquidwinding, cf. § 2. "

6. I section 16 C (3). 3, no. 3, pasted as 3. and Act 4. :

' However, the association may choose to reap the benefits of all accounts in foreign currency according to the average method, cf. the section 26 (1) of the exchange rate of the court. If the average method is chosen, the association may not later choose to make a profit after the exchange rate of the exchange rate of Article 26 (2) of the exchange rate. FIVE. "

7. I section 16 C (3). 4, is inserted after 1. Act. :

' In the light of the loss of claims included in the section 14 (4) of the course of the exchange rate of the exchange rate. Paragraph 1 shall apply. 3, no. 3, 3. and 4. pkton, equivalent use. `

8. I section 16 C (3). 5, no. 1, is replaced by ' 1 and 2. Pct. " to : " 1. 3. Pct. "

9. I section 16 C (3). 5, no. 2, the ' paragraph shall be amended FOUR, THREE. Pct. " for the following : FOUR, FOUR. Pct. "

10. I section 16 C (3). 5, no. 3, the ' paragraph shall be amended FOUR, FOUR. Pct. " for the following : FOUR, FIVE. Pct. "

11. I section 16 C (3). 5, no. 4, the ' paragraph shall be amended FOUR, FIVE. Pct. " for the following : FOUR, SIX. Pct. "

12. § 16 H (4) H) 1, no. TWO, TWO. pkt., ITREAS :

' In the case of the assessment, the income of a taxable income from companies controlled by the company shall be discharged by companies if companies are situated in the same country as the company. ` ;

§ 8

In the law on income taxation of limited liability companies, etc. (company tax law), cf. Law Order no. 1376 of 7. In December 2010, as amended by Section 2 of Law No 513 of the seventh. June 2006 and section 7 of the law. 459 of 12. In June 2009, the following changes are made :

1. Section 1 (1). 1, no. 2, ITREAS :

" 2) other undertakings in which none of the participants shall be personally liable for the undertaking ' s obligations and which distributes the profits from the parties in the company concerned, sections 2 C and companies, etc. covered by Section 3, in the Act of certain operators who are not covered by no. 3, 3 a or 4, "

2. I Section 1 (1). 8, 2. pkt., the words ' and account-leading investment groups ` ;

3. I Section 2 (2). 1 (c) (1). pkt., the section 16B of the body of the body of the body of the body of the body of the body of the body of the body of the body 1 '.

4. I § 2 A, paragraph 3, is inserted after 2. Act. :

" Rente-and royalty payments to the foreign company of two. Act. be deductible only if the source of taxation is to be dropped or reduced in relation to the foreign company, after Directive 2003 /49/EC, on a common system for the taxation of interest and royalties paid between associated companies in Member States, or after the double-tax agreement with the Faroe Islands, Greenland or the State in which the foreign company is indigenous. ` ;

5. I § 2 B pasted as paragraph FOUR :

" Stop. 4. Paraguation 1 to 3 shall apply mutatis muted, even though, according to the extent of foreign tax rules, the creditor of the creditor himself has a debt to a group-related company, for which there is a deposit in capital. 1. Act. shall apply mutatis muted, even though there may be several creditor links. 1. Act. shall not apply where source taxation is to be waived or reduced in relation to the creditor in accordance with Directive 2003 /49/EC on a common system for the taxation of interest and royalties paid between associated companies in different Member States ; or following a double taxation agreement with the Faroe Islands, Greenland or the State in which the foreign creditor is indigenous. ` ;

6. § 2 C (3) 1, no. 2, ITREAS :

" 2) which does not have a double taxation agreement with Denmark, after which the source tax on yields should be dropped or reduced and which is not a member of the European Union. `

7. I § 2 C inserted after paragraph 1. 1 as new paragraph :

" Stop. 2. Interest and royalty payments to owners shall be deemed to be internal payments that may not be dedured if the payment by the rules of the owner's home country is considered to be an internal payment. 1. Act. the corresponding use shall apply to exchange gains on claims which have been established on such terms that the debt must be paid to a pre-established exchange rate in relation to the value at the time of the establishment. The source tax after Article 2 (2) is taxed. 1 (d) (g) and (h) shall be waived if there are no deductions after 1. or 2. Pct. "

Paragraph 2-9 becomes the second paragraph. 3-10.

8. I § 2 C (3) FOUR, TEN. pkt., there will be paragraph 1. FIVE, TEN. ........... 2, "to :" § 5 A ".

9. I § 2 C (3) 7, there will be paragraph 1. 8, insert as Act 2. :

" Section 16 A, paragraph. 3, no. 1 shall apply mutatis mutis. `.

10. I § 2 C (3) 9, 1. pkt., there will be paragraph 1. 10, 1. pkt., will be changed " Stk. One-eight to the, " Stk. ONE-NINE. "

11. I § 2 C (3) 9, no. ONE, ONE. pkt., there will be paragraph 1. 10, no. ONE, ONE. pkt., the following shall be inserted after ' financial institutions ` shall be inserted : ' and claims on ongoing services, cf. Section 12 B, received as remuneration for the sale of companies '.

12. I Section 5 (5). 5, the ' depart '. 1-3 similar use. ` ' shall mean the following paragraph shall be : 1-3 and the equal to section 16 A (3) of the body. 3, no. 1 shall apply mutatis muy;

13. I Section 5 (5). 5, pasted as Act 2. :

" Tax payment after 1. Act. for a natural person, cf. Section 16 A (3) of the body of the body. 3, no. 1 (c) shall be reduced to the extent that the physical person has paid the taxes on the benefits and losses of the shares of the shares in the company as a result of the $38 and 39 A of the stock market. ` ;

14. I § 5 B, paragraph. 4, is inserted after 2. Act. :

' For insets and so forth, any subsidy granted by the company or association and by group companies, cf. Section 31 C, for which the company or association directly or indirectly has an influence over, to corporate companies, which the company or association does not have a determining influence over. ` ;

15. I § 5 B, paragraph. 8, 1. and 2. pkt., is replaced by ' 2. and 3. Pct. " to : " 2. -4. Pct. "

16. I Section 11 B, paragraph 1. 4, no. 2, pasted as Act 2. :

However, the ' Provision and Trade-Dev and Commodity Debt, etc., etc. shall not be included. ` ;

17. I Section 11 B, paragraph 1. 4, no. 3, is inserted after 3. Act. :

' Loss and profit of bonds issued to finance lending covered by 3. Act. and the associated financial contracts shall not be included. ` ;

18. I Section 11 B, paragraph 1. 4, no. 3, is inserted after 4. pkton, there will be five. Act. :

' Utised exchange gains on a flat-rate loan interest rate shall not be included, but may be presented at subsequent income years of the net financing costs incurred for offsetting in the same contract and in the same contract ; the same contract shall be implemented in the same contract as the contract expires. ` ;

19. I Section 11 B, paragraph 1. 4, no. THREE, FIVE. pkt., There's gonna be seven. pkt., shall be deleted ' or, where a foreign exchange rate contract is used, etc. ` ;

20. I Section 11 B, paragraph 1. FIVE, EIGHT. pkt., the ' paragraph shall be amended 4, no. -THREE, FOUR. Pct. " for the following : 4, no. THREE, SIX. and 7. Pct. "

21. I Section 11 B, paragraph 1. 8, 3. pkt., the ' paragraph shall be amended THREE, FOUR. Pct. " for the following : THREE, TWO. Pct. "

22. I Section 11 B, paragraph 1. 10, the words ', including exchange rate losses, ' and ', including exchange rate gains, ` ;

23. I Section 11 B, paragraph 1. 10, is inserted after 1. Act. :

" No matter one. Act. may cut unrealized losses of the liquids in an interest rate of a loan with security under the contract of the contract to deductible exchange regains from the same contract and in the same contract that is realised in the same contract ; ' income in which the contract expiates. ` ;

24. I Section 13 (1). 1, no. 2, is inserted after 3. Act. :

" Determination in 1. Act. nor does it include dividens, to the extent a subsidiary of a lower owner-level has had deductible deduction of the yield without the deduction of the deduction of the yield to an intermediate level, and the source of taxation of the profit or the amount of the profit from the tax on the yield, the rate of yield in none of the intermediate levels has had to be dropped or reduced in accordance with Directive 90 /435/EEC. `

25. I § 21, 3. pkt., in the words ' section 13 (3), 1, no. TWO, SIX. Pct. " to : ". 13, paragraph. 1, no. TWO, SEVEN. Pct. "

26. I § 31 D pasted as paragraph 6 :

" Stop. 6. It is not considered to be a tax allowance for the intermediary of the intermediary, when sums considered to be received by the shareholder according to section 4 A (4) (A) of the stock market. 3, or § 4 B (4), "Two, do not be desolated to the shareholder."

27. Section 32 (1). 5, no. TWO, FOUR. pkt., revoked.

§ 9

In the area of tax-free enterprise-forming business, cf. Law Order no. 1166 of 2. October 2007, as amended by Section 10 of Law No 521 of 17. June 2008, section 7 of the law. 98 of 10. February 2009, Section 17 of Law No 462 of 12. June 2009 and section 18 of the law. 525 of 12. In June 2009, the following changes are made :

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

' The owner (owners) also have access to the application of the rules in this law, provided that the undertaking is transformed into a foreign company covered by the concept of company in a Member State in Article 3 of Directive 2009 /133/EC, and which is the subject of tax duty, corporate tax havens in section 1 (1). 6, or by company tax tenment section 2 (2). 1 (a) ` ;

2. I § 5 pasted as paragraph 2 :

" Stop. 2. When reforming the establishment after paragraph 1 (1), ONE, TWO. a reference to a foreign company which is taxable according to section 2 (2) of the company tax havens. 1 (a) shall be considered as having assets and liabilities which are not linked to the establishment or permanent property of the foreign company in this country, provided by the owner at the time of conversion of the undertaking. The payment shall be made to the commercial value at this time. `

3. I Section 6 (2). 5, pasted as Act 2. :

" In the conversion of the company after paragraph 1 (1). ONE, TWO. a reference to a foreign company which is taxable according to section 2 (2) of the company tax havens. Paragraph 1 (a) comprises paragraph 1. 1-4, not assets and liabilities which, as a result of company formation, are not linked to the permanent farm or property of the foreign company in this country. ` ;

§ 10

In the case of the taxation of shipping company (tonnage tax law), cf. Law Order no. 834 of 29. In August 2005, as amended, inter alia, section 6 of Law No 1. 530 of 17. June 2008, and at the latest at Section 17 of Law No 525 of 12. In June 2009, the following changes are made :

1. I § 1, 3. pkt., is inserted after ' corporate tax hauber ' s section 2 C ` : `, unless this company is conjoined, cf. Section 3, paragraph 3. 1, with a company covered by the tax system of the tonnage. ` ;

2. I Section 6 (2). TWO, ONE. pkt., ' Shibe owned by the shipping company and the ' s ' shall be replaced by : ' Shibe owned or rented by the shipping company and rented or renowned `.

3. I Section 6 (2). TWO, TWO. pkt., ' In addition, ships owned by the shipping company may also be replaced by : "In addition, ships owned or rented by the shipping company can also be owned by the shipping company and rented or rented."

4. I Section 22 (2). 1, 2 and 4, the company ' s General Assembly selected auditor shall be replaced by the following : ' an auditor `.

§ 11

Law no. 408 of 1. June 2005 on the amendment of the tax bill, the tax authority, the body of the equation and the tax bill of the taxing. (Amendment of information and documentation relating to transfer pricing), as amended by Section 91 of law no. 428 of 6. June 2005 and section 10 of Law No 308 of 19. April 2006, the following changes are made :

1. § 1, no. 9, revoked.

2. Section 5 (5). ONE, TWO. and 3. pkt., revoked.

§ 12

Law no. 308 of 19. April 2006 amending the Equation Act, Corporate Tax Code and other tax havens. (The adjustment of professional taxation) is hereby amended as follows :

1. § 12, paragraph 1. ONE, TWO. and 3. pkt., revoked.

§ 13

Law no. 724 of 25. June 2010 amending the change in exchange law and various other laws. (The tax on the taxing of debts in Danish kroner and foreign currencies and the reduction of the tax on capital income etc.) are amended as follows :

1. I Section 20 (2). TWO, ONE. pkt., change ' § 1, nr. 13-22, 24-31, 33 and 34 "to :" § 1, nr. 13-22, 24-31 and 33. "

2. Section 20 (2). THREE, TWO. and 3. pkt., revoked.

§ 14

Paragraph 1. The Act shall enter into force on the day following the announcement in the law in Juditsiding, cf. however, paragraph 1 2.

Paragraph 2. § 1, no. Fourteen, and section 6, number. 1, 2, 5 and 8, have effect from 1 to 1. March, 2011.

Paragraph 3. § 1, no. 2 and 8 shall take effect from 1. January, 2010.

Paragraph 4. § 1, no. One and 3-6, and section 8. Ten, 11, 16, 18, 22, 26 and 27 have effect on income commencing on the entry into force of the law. Section 4 A (4) A (4) A (3)). 5, as drawn up by the paragraph 1 of this law. However, 5 has effect from the 24th. November, 2010.

Paragraph 5. § 1, no. 7, 9 and 11, section 4, no. 2, and § 8, nr. 8 shall have effect on the abstentions of the 24th. November, 2010, or later.

Paragraph 6. § 1, no. 10 shall have effect on investment union in the execution of the investment groups, which are allegedly claimed on 1. January, 2011, or later. § 6, nr. 6, have effect from the 2010 income year. In the case of investment union, which is claimed in the income of the year 2010, the section 22 of the shares of shares of the shares of the shares of the shares of the shares shall be Paragraph 1 and paragraph 1. TWO, TWO. intended, non-use of the investment association only invests in bonds and net losses of the net or net losses of net gains and net losses of debts and debts covered by the exchange rate law, sections 14 and 23 do not exceed 2 000 ; DKK If the taxable person has an impudent retainable income, 2011, will find 3. Act. the corresponding use of investment unifying evidence obtained from the beginning of the income year to the 1. January, 2011. The taxable income of the year 2010 may choose to make a profit and loss of debts and debts in foreign currency in accordance with the rules of section 16 and 23 of the exchange rate law, cf. Law Order no. 1002 of 26. In October 2009, and profit and loss of evidence in deflection investment associations, which are only investing in bonds, in accordance with the rules of section 22 of the Asset Taxation Act, cf. Law Order no. 89 of 25. January, 2010. Acreup the winnings and losses after 5. points, the benefits and losses of debts and gains and losses in foreign currency debt, without taking into account the exchange rate of section 14 (4) ; ONE, TWO. pkt., and the exchange rate of the exchange law, section 23, 2. pkt., as amended by this statutory section 6, nr. The amount of profit and loss of evidence in the defledling investment foundations of debt securities only, without taking account of 3, shall be added to the benefits and losses. Act.

Paragraph 7. § 1, no. 13, the Danish Fund for the Fund Code 3 (3). THREE, TEN. pkt., as drawn up by the section 3 of this law. Number one, and section 6, number 13 to 15 and 23 have effect from the 2010 income year.

Paragraph 8. § 1, no. 15, section 4, no. 1, 3, 4 and 7-10, and section 7, no. 3 and 5 shall have effect on restructuring and winding-up options, which shall be adopted on 24. November, 2010, or later.

Niner. 9. § 1, no. 19, shall have effect on abstentions which are made on 1. January, 2011, or later.

Paragraph 10. § 1, no. -Twenty-two, and eight, no. 9, 12 and 13 have the effect of and with the 11. March, 2011.

Paragraph 11. § 1, no. Twenty-three, has an effect from the 2010 income year. Section 5 of the asset tax on Article 5 (A) of this Law. 7 shall apply by analoging to losses where the tax status change occurs before the 24th. November, 2010.

Nock. 12. Section 3 (3) of the Fund for the Fund. 3, 1. -9. Act. And 11. and 12. pkt., as drawn up by the section 3 of this law. 1, section 6, no. 11, and 10 shall have effect on income commencing after the entry into force of the law.

Paragraph 13. § 4, no. 5 and 6, and § 8, nr. 4, 5, 7, 14, 15 and 24 have effect on the 24th. November 2010, and later. § 8, nr. 2 and 6 shall have effect on income commencing on 1. January, 2011, or later.

Paragraph 14. § 6, nr. 18 shall have effect on abstentions and inexonerals etc., which shall be the first of the 1. January, 2011, or later.

Paragraph 15. § 7, nr. This is 6-11, having effect on outlines from investment associations made in the UCITS's income 2011 and later.

Paragraph 16. § 8, nr. 1 has effect on income commencing on the 24th. November, 2010, or later.

Paragraph 17. § 8, nr. On 17 and 19, the effect on revenue is commencing on the 24th. November, 2010, or later. Companies may choose to apply the provisions of the income year 2008 or from a later income that precedes the income year after 1. Act. Inserts the company at a group, cf. corporate tax havens in section 11 B (1), 8, will be taken together for the entire group of the management company.

Paragraph 18. § 8, nr. Twenty-three, have the effect of cut-off unrealized net loss of netting interest in mortgages with security in real estate, which are described on 7. February, 2011, or later, or like the 7th. February 2011 could be deducciaty in the current income, cf. corporate tax havens in section 11 B (1), 10.

Paragraph 19. Section 9 has effect on tax-free enterprise by conversion of the first 1. January, 2011, or later.

Givet at Christiansborg Castle, the 30s. March, 2011

Under Our Royal Hand and Segl

MARGRETHE R.

/ Peter Christensen

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.