Law amending the pension taxation law and Corporation Tax Act
(Access to the merger between pension funds and insurance companies, etc., 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:
The law on the taxation of pensions, etc. (pension tax law) of the basic regulation. lovbekendtgørelse nr. 1246 by 15. October 2010, as amended, inter alia, by section 2 of Act No. 1561 by 21. December 2010 and section 2 of Act No. 1365 of 28. December 2011 and no later than by section 3 of Act No. 398 of 9. may 2012, is amended as follows: 1. In article 41, paragraph 1, no. 8, the words ' or in the context of a transfer of stock after the financial business Act § § 233-235 ' to: ', as part of a stock transfer in accordance with the law on financial business § § 204-206 or as part of a merger referred to in corporate tax Act section 13 H '.
Of the law on income taxation of limited liability companies, etc. (Corporation Tax Act), see. lovbekendtgørelse nr. 1376 of 7. December 2010 at the latest, as amended by section 2 of Act No. 591 of 18. June 2012, is amended as follows: 1. Pursuant to section 13 (G) is added: ' section 13 h. Receives a life insurance company subject to section 1, paragraph 1, no. 1, through a merger with an institution covered by article 3, paragraph 1, no. 9, or with a labour-market related life insurance Ltd. subject to § 3 (1) (8). 18, the own funds of the institution or the occupational life assurance Ltd., account shall be taken not by the statement of shareholders ' equity life insurance company's taxable income. 1. paragraph shall apply mutatis mutandis in the case of a merger with an overseas resident life insurance company, if the endowment assets and liabilities, etc. are linked to the company's permanent establishment or property in this country.
(2). The merger has fiscal effect from the cutoff date for the opening balance sheet of the recipient company, which has been drawn up in connection with the merger. The deadline for receiving the company's opening balance sheet must be congruent with the cutoff date for the receiving company's fiscal year. section 8 (A), (2) and (3) shall apply accordingly to mergers in accordance with paragraph 1.
(3). Equity, which, according to paragraph 1 are not included in the inventory of the life insurance company's taxable income, are recovered in accordance with the rules in the 2nd-4th. paragraph, to the extent that the amount is not subject to taxation under section 13 (C). the company's equity at the end of life Is an income year reduced compared to shareholders ' equity in the opening balance sheet of the recipient company, see. paragraph 1, account shall be taken of an amount equal to the decrease in the inventory of the company's taxable income, until the entire received equity is recaptured. Income of the year amount to recapture is calculated as the difference between equity in the positive value of 2. point stated opening balance sheet net of genbeskattede amount and the company's equity in income of the year. Received equity, which is not included in the income statement after the 2. and (3). paragraph, shall be included when calculating the taxable income for the income year in which the company ceases to operate life insurance company. Terminates the company's life insurance business in whole or in part as part of a merger, demerger or contribution of assets in accordance with the rules in mergers, joins it or the recipient companies in recapture the obligation in relation to the share received by the transferring company equity. 5. paragraph applies only if the endowment assets and liabilities etc. mapped to a receiving company domiciled in this country or abroad by a resident company permanent establishment or property in this country. '
§ 3 paragraph 1. The law shall enter into force on the 1. January 2013.
(2). The law has the effect of mergers with the merger date 1. January 2012 or later.
Given at Amalienborg, the 18. September 2012 Under Our Royal hand and Seal MARGRETHE r./Thor Möger P