Law On The Charge Of Non-Life Insurance

Original Language Title: Lov om afgift af skadesforsikringer

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Overview (table of contents)

Chapter 1

Tax service and tax rate

Chapter 2

Taxable businesses and registration

Chapter 3

Taxable amount

Chapter 4

Tax period, Declaration and payment

Chapter 5

Accounting provisions

Chapter 6

Several liability

Chapter 7

Control provisions

Chapter 8

Criminal provisions

Chapter 9

Transitional and commencement provisions

The full text of the law on tax on skadesforsikringer1)

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: Chapter 1 scope and rate of tax chargeable to section 1. To be paid tax to the Treasury of premiums for non-life insurance in the following cases: 1) when the insurance contract has been concluded here in the country, 2) when the insured risk is situated here in the country, regardless of where the contract is concluded, and 3) where the parties are resident in this country, unless no part of the premium to be paid in this country.

(2). If the risk of an insurance contract are located in another State who are covered by the agreement on the European economic area, the insurance premium is not exempt from duty under paragraph 1, regardless of where the contract of insurance is concluded.

(3). By non-life insurance means insurance of risks that are categorized as non-life insurance in the financial business Act.

§ 2. Levy constitutes 1.1% of the insurance premium.

§ 3. By following this law means the remuneration premium as due for a non-life insurance, regardless of who pays the remuneration. Consists wholly or partially of the consideration other than money, account shall be taken of the value thereof to the royalty.

(2). If agreement on a taxable life insurance have correlation with another agreement, or if there is a shared interest between the parties, the remuneration shall be considered to be the minimum price that independent parties would adopt for a corresponding non-life insurance.

§ 4. Premiums for the following insurance policies are exempt from the tax: 1) insurance policies taken out by mutual non-life insurance undertakings which are not subject to surveillance.

2) Insurances, drawn pursuant to the law on workers ' compensation.

3) maritime, transport and aviation insurance.

4) credit insurance and surety insurance.

5) reinsurance contracts.

6) Compulsory civil liability insurance in accordance with traffic regulations.

Chapter 2 taxable companies and registration § 5. The tax is paid by insurance companies, included or have concluded agreements on non-life insurance, see. § 1.

§ 6. Taxable undertakings included or have concluded agreements on non-life insurance, where premium is taxable under section 1 and not exempted under section 4, must notify it to the registration with the Customs and tax administration.

(2). Taxable companies in accordance with paragraph 1 with place of business in another EU country or in a country outside the European Union, with which Denmark has an agreement of mutual assistance for recovery, which corresponds to the rules within the European Union can register by a person who is a resident in this country, or by a company that has a place of business in this country.

(3). Taxable companies in accordance with paragraph 1, which has a place of business in a country outside the European Union, with which Denmark does not have an agreement on mutual assistance for the recovery, which corresponds to the rules within the EU, must be registered by a person who is a resident in this country, or by a company that has a place of business in this country.

(4). Review for registration must happen no later than 8 days prior to registration service provider begins. Changes in a company's registration shall be notified to the Customs and tax administration not later than 8 days after the change. Companies which cease to operate the registry service provider shall inform the Customs and tax administration about the company's termination no later than 8 days after the cessation.

Chapter 3 section 7 of the taxable amount. The taxable basis includes taxable insurance premiums that a company has charged in the tax period.

(2). In the tax base can be offset against collected insurance premiums relating to insurance contracts in which the insured person has used his right of withdrawal in accordance with the rules laid down in insurance law.

(3). In the taxable amount can be deducted from the stated losses on bad debts relating to insurance premiums for insurance services delivered, many of whom were previously paid tax under this law. If the claims later paid in whole or in part, the amount received is included in the taxable amount.

(4). In the tax base can be offset against collected insurance premiums, which are reimbursed to the insured person in connection with the termination of the insurance, and premiums refunded to customer in connection with a subsequent adjustment (refund) of an already paid premium.

(5). Insurance premiums can only be offset or deducted in the taxable amount in accordance with paragraphs 2 to 4, if they are charged in tax periods, which can be changed within the deadline set in the tax forvaltningslovens section 31, paragraph 2.

Chapter 4 tax period, Declaration and payment section 8. The tax period is the calendar month.

§ 9. Registered establishments shall after the end of each fiscal period enter and deposit fee after call-in law §§ 2 and 3. Tax Minister may lay down detailed rules, including rules for digital indication of the charge.

(2). By missing, flawed or not timely declaration, payment or accounting applies collection § § 4-8.

§ 10. Is the amount of tax payable, in foreign currency, conversion shall be at the Danish kroner exchange rate is applied either at the time of the filing of the tax return, see. § 9, or the customs rate for the currency, which is applicable for that fiscal period, see. § 8. There is no set an official exchange rate for the currency in question, used instead of a middle course a selling price that a financial institution has established within the past 14 days prior to the filing of the tax return, see. § 9. The insurance company's choice between the use of the exchange rate or tariff rate shall be binding for a period of 2 years.

Chapter 5 Financial provisions section 11. Insurance undertakings shall keep accounts of taxable non-life insurance premiums, which can serve as a basis for calculation of tax liability for each tax period and for the control of the tax payment. The accounts can be carried out in the company's ordinary business accounts according to the rules of posting law.

(2). The calculated tax amount as well as the name and registration number of the company that settles the tax, must appear in the premium invoice, receipt or other document relating to the premium collection.

(3). Insurance companies shall retain copy of premium invoices, receipts or other physical or electronic documents, which form the basis for tax calculation. Storage can be done electronically. Accounting material, including invoices must be retained for 5 years after the end of the financial year.

(4). Tax Minister may lay down detailed rules on the registered companies ' accounting. To the extent that the use of accounting material in electronic form, paragraphs 1-3 shall also apply to that end.

Chapter 6 Liability § 12. The following legal and natural persons are liable for the charge: 1) insurance business and a resident representative subject to section 6, paragraph 3, jointly and severally liable for payment of the fee.

2) an insured person shall be liable for the levy of the taxable insurance premiums if the taxable insurance company has business offices outside the EUROPEAN UNION and are subject to the registration obligation in article 6, paragraph 3, but have failed to register.

Chapter 7 Control provisions of section 13. Customs and tax administration has, if deemed necessary, at any time against proper identification access without a court order to make overhaul of insurance companies or their representative and to inspect the firms or their representative's accounting records, other financial material and correspondence, etc., regardless of whether this information is held on paper or other media.

(2). Insurance companies ' owners and employees must provide customs and tax administration the necessary guidance and assistance in making the inspection referred to in paragraph 1.

(3). The material referred to in paragraph 1 shall, upon request, shall be handed over or are submitted to the Customs and tax administration. This also applies if the material is available in electronic form.

(4). The police provide customs and tax administration assistance to the implementation of the checks referred to in paragraph 1. The Minister of Justice may, after negotiation with the tax Minister lay down detailed rules on the subject.

§ 14. Other economic operators shall, on request, inform the Customs and tax administration information about their purchase of insurance, where premium is subject to the provisions of this law.

§ 15. Public authorities shall, on request, inform the Customs and tax administration any information to use for the Administration's business registration and control of tax payment.

Chapter 8 penal provisions § 16. With fine punished anyone who intentionally or grossly negligently: 1) shall give false or misleading information or conceals information to use for tax control.

2) violates section 6, paragraph 1, 3 and 4, § 9, paragraph 1, article 10, article 11, paragraphs 1-3, section 13 (2) and (3) and § 14.

(2). In regulations issued under the law, can be fixed penalty of fine for anyone who intentionally or grossly negligently violates the provisions of the legislation.

(3). The perpetrators of one of the listed offences with intent to evade the Treasury charge punishable by fine or imprisonment for up to 1 year and 6 months, unless a higher penalty is inflicted for criminal code section 289.

(4). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.

§ 17. Recovery Act §§ 18 and 19 shall apply mutatis mutandis.

Chapter 9 transitional and commencement provisions § 18. The law shall enter into force on the 1. January 2013.

(2). From the same date shall be repealed without prejudice to the law on stamp duty. lovbekendtgørelse nr. 1209 of 28. November 2006.

(3). The taxable person may collect the tax under this law with the policyholder regardless of the content of the price agreements concluded before the entry into force of the Act.

(4). Unused stamp marks issued pursuant to the law on stamp duty are reimbursed on request to customs and tax administration. Also reimbursed tax of a stamp marking is applied to a free document approving the stamp duty, and the amount by which the value of the stamp marks that were used for a document exceeds the fixed stamp duty. Applications must reach the Customs and tax administration not later than 31 December 2006. December 2015.

(5). Insurance premiums charged extraordinary before the law comes into force, and which shall be due and payable after 31 December 2006. December 2012, must be added to the taxable basis at the time of payment.

§ 19. The law does not apply to the Faroe Islands and Greenland.

§ 20. In the Act on the levying of taxes and duties, etc. (Recovery Act), see. lovbekendtgørelse nr. 1402 by 7. December 2010, as amended, inter alia, by section 9 of Act No. 528 of 17. June 2008, § 39 of law No. 698 of 25. June 2010 and § 27 of the lov nr. 247 of 30. March 2011 and no later than the section 8 of Act No. 277 of 27. March 2012, is amended as follows: 1. In annex 1, list A, the following is inserted as a no. 34: ' 34) law on the taxation of non-life insurance policies. '

§ 21. In Act No. 1333 of 19. December 2008 on the recovery of debt to the public, as amended by section 2 of Act No. 252 of 30. March 2011, is amended as follows: 1. In annex 1, nr. 6, the words ' stamp duty ' to: ' non-life insurance tax '.

§ 22. In Act No. 513 of 7. June 2006 amending additional Act, Corporation Tax Act and various other acts (Charging via one tax account), as amended by section 7 of the Act No. 1338 by 19. December 2008 and section 5 of Act No. 1560 by 21. December 2010, is amended as follows: 1. In article 1, no. 9, the words ' 10) law on stamp duty ' to: ' 10) law on the charge of non-life insurance '.

Given at Christiansborg Palace, the 18. June 2012 Under Our Royal hand and Seal MARGRETHE r./Thor Möger P Official notes 1) Act has been notified in draft form in accordance with European Parliament and Council Directive 98/34/EC (information procedure directive) as amended by Directive 98/48/EC.