Law On The Charge Of Non-Life Insurance

Original Language Title: Lov om afgift af skadesforsikringer

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Table of Contents
Chapter 1 Scope and Tax Rate of Tax
Chapter 2 Aftaxable undertakings and registration
Chapter 3 The tax base
Chapter 4 Tax Period, Indication, and Payment
Chapter 5 Financial provisions
Chapter 6 Arson
Chapter 7 Checks
Chapter 8 Penalty provisions
Chapter 9 Transicement and entry into force

Law on non-insurance tax 1)

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 :

Chapter 1

Scope and Tax Rate of Tax

§ 1. A levy shall be paid to the treasury of premiums for indembances in the following cases :

1) When the insurance contract is concluded here in the country,

2) where the insured risk is situated in this country, regardless of where the agreement has been reached, and

3) where the parties are established in this country, unless there is no part of the premium to be paid in this country.

Paragraph 2. If the risk of an insurance contract is situated in another state covered by the Agreement on the European Economic Area, the insurance premium shall not be subject to the duty of charge under paragraph 1. 1, no matter where the agreement on insurance is concluded.

Paragraph 3. Damanon insurance means the insurance of risks that are categorized as damage insurance in the law of financial activities.

§ 2. The tax forms 1,1%. of the insurance premium.

§ 3. The award of the premium shall mean the remuneration paid for a non-life insurance, regardless of who pays the remuneration. If the remuneration is paid in whole or in part by other than money, the value thereof shall be calculated as a result of the remuneration.

Paragraph 2. If the agreement on taxable damage insurance is related to another agreement or if a Community of interests exists between the parties, the fee shall be deemed to be at least the price to be fixed by independent parties for the purpose of the contract ; equivalent damage insurance.

§ 4. The premiums for the following insurance are exempted from the charge :

1) Insurances drawn up by mutual non-supervised non-supervised insurance undertakings.

2) Insurances drawn in accordance with the law on work-keeping.

3) Seeds, transport and air insurance.

4) Credit insurance and bail insurance.

5) Reinsurance contracts.

6) Legal liability in accordance with the law of road.

Chapter 2

Aftaxable undertakings and registration

§ 5. The levy shall be paid by insurance undertakings which enter or have concluded agreements on non-life insurance, cf. § 1.

§ 6. Taxable undertakings which conclude or have concluded non-payment contracts in which the premium is taxable in accordance with section 1 and is not exempt from tax after Article 4 shall notify the registration of customs and tax administration.

Paragraph 2. Aftaxable undertakings in accordance with paragraph 1. 1 with a place of business in another EU country or in a country outside the EU, with which Denmark has an agreement on mutual assistance to recovery that corresponds to the rules within the EU, may be registered by a person residing in this country, or at a company that has a business location in this country.

Paragraph 3. Aftaxable undertakings in accordance with paragraph 1. 1 having a place of business in a country outside the EU, with which Denmark does not have an agreement on mutual assistance to recovery that corresponds to the rules within the European Union, must be registered with a person resident in this country, or by a company, There's a business place in this country.

Paragraph 4. Notification of registration shall take place no later than eight days prior to registration of registration in the business of the undertaking. Amendments to a company ' s registration conditions must be notified to customs and tax administration no later than eight days after the change. Entities which cease to operate in the business of registration shall inform customs and tax administration of the undertaking ' s cessation within eight days after the termination.

Chapter 3

The tax base

§ 7. The taxable basis includes taxable insurance premiums, which a company has collected during the tax period.

Paragraph 2. In the tax base, the insurance contracts may be deductive in respect of insurance contracts, where the policy holder has used his right of withdrawal according to the rules of insurance legislation.

Paragraph 3. In the tax base, the loss of unbearable claims relating to insurance premiums may be deductible in respect of the provision of insurance services, which have previously been paid in accordance with this law, where the debts are subsequently paid in full or in part, the amounts received shall be taken into account in the tax base.

Paragraph 4. In the tax base, the insurance premiums are deductirepayable to the policyholder in connection with the termination of insurance, and premiums paid to the customer in connection with a subsequent adjustment. (repayment) of an already paid premium.

Paragraph 5. Insurance premiums may only be dedutted or dedutted in the tax base provided for in paragraph 1. 2-4, if they are charged in tax periods, which may be modified within the period of the period of validity of the tax authority provided for in Article 31 (1). 2.

Chapter 4

Tax Period, Indication, and Payment

§ 8. The tax period is the calendar month.

§ 9. Recorded undertakings shall specify and charge after the expiration of each tax period after the levying of the levying of the Clause Act, sections 2 and 3. The tax minister may lay down detailed rules on this subject, including the rules applicable to the digital indication of the levy.

Paragraph 2. In case of missing, incomplete or not timely declaration, payment or accounting officer shall apply to Section 4-8 of the charge.

§ 10. If the amount to be paid for in foreign currency shall be used at the time of conversion to Danish kroner, the exchange rate shall be used at the time of the declaration of the tax declaration, cf. section 9 or the exchange rate for the currency in force for the tax period in question, cf. § 8. Where an official exchange rate has not been established for the currency in question, the rate of a sales rate fixed by a financial institution within the last 14 days prior to the declaration of the tax declaration shall be used instead of a medium-rate sales rate set out in the preceding 14 days. § 9. The assurance undertaking ' s choice between the use of the exchange rate or the tariff exchange rate shall be binding for a period of two years.

Chapter 5

Financial provisions

§ 11. Insurance undertakings shall keep an account of tax-liable indemmies which may form the basis for the charging for each tax period for each tax period and for the charging of charges. The accounts may be held in the firm ' s regular business accounts in accordance with the rules of the accounting law.

Paragraph 2. The calculated tax amount and the name and number of the tax (s) of the undertaking which calculate the tax shall be shown on the premium invoice, receipt or other document relating to the collection of premiums.

Paragraph 3. Insurance undertakings shall keep a copy of premium invoices, receipts, or other physical or electronic documents that form the basis for the calculation calculation. The storage can be made electronically. Accounting material, including invoices, shall be kept for five years after the closure of the financial year.

Paragraph 4. The tax minister can lay down detailed rules on the accounting of registered companies. To the extent that the accounting material is used in electronic form, paragraph 1 shall apply. Paragraph 1-3 shall also apply to this.

Chapter 6


§ 12. The following legal and natural persons shall be liable for the levy :

1) The insurance undertaking and a resident representative shall be subject to section 6 (4). 3, shall be severally liable for payment of the levy.

2) An insurance holder shall be liable for the tax of taxable insurance premiums if the taxable insurance undertaking has a business outside the European Union and is covered by a registration requirement in section 6 (4). 3, but have failed to register.

Chapter 7


§ 13. Customs and tax administration shall, where deemed necessary be deemed necessary at any time, without a court order, without a court order, to carry out inspections of insurance undertakings or their representative and to oversee their or their undertakings ; the business books of representative business books, other accounting and correspondence etc., whether or not this information is stored on paper or other media.

Paragraph 2. The holders and staff of the insurance undertakings shall provide customs and tax administration, where appropriate, guidance and assistance in the taking of the duties referred to in paragraph 1. 1 oversight.

Paragraph 3. The material referred to in paragraph 1. 1 on request shall be handed down or submitted to customs and tax administration. This shall also apply where the material is available in electronic form.

Paragraph 4. The police shall provide customs and tax management assistance for the implementation of checks provided for in paragraph 1. The Minister for Justice can lay down detailed rules on this subject to negotiations with the tax minister.

§ 14. Other operators shall, at the request of request, notify the customs and tax administration information on their purchases of insurance services where the premium is subject to this law.

§ 15. The public authorities shall, at the request of request, notify the customs and tax administration any information necessary for the registration of the establishments and controls on the payment of the tax administration.

Chapter 8

Penalty provisions

§ 16. The penalty shall be punished for intentionally or gross negligent :

1) Detests incorrect or misleading information or information to be used for tax control purposes.

2) Clause 6, paragraph 6. 1, 3 and 4, section 9 (4). 1, section 10, section 11, paragraph 1. One-three, paragraph 13, paragraph 13. 2 and 3, and section 14.

Paragraph 2. The provisions adopted pursuant to the law may be punished for the penalties provided for intentional or gross negligent provisions in the regulations.

Paragraph 3. The person who commits one of the aforementioned offences to exclude the treasury shall be punished by fine or penitentiant for up to a period of one year and six months unless higher penalties have been inflited on the 16289 penal code.

Paragraph 4. Companies can be imposed on companies, etc. (legal persons) punishable by the rules of the penal code 5. Chapter.

§ 17. Articles 18 and 19 of the Clause shall apply mutatis mulaam.

Chapter 9

Transicement and entry into force

§ 18. The law shall enter into force on 1. January 2013.

Paragraph 2. From the same date, the right to stamp charge shall be repealed, cf. Law Order no. 1209 of 28. November 2006.

Paragraph 3. The taxable person may levy the levy under this law from the policyholder regardless of the content of price agreements entered into before the entry into force of the law.

Paragraph 4. Unused stamps-issued in accordance with the rule of the right to stamp duties shall be reimbursable at the request of the customs and tax administration. Similarly, the levy of a stamp mark used for a non-stamp-tax-free document and the amount by which the value of the stamp marks used for a document exceeds the amount of the piston fee. The application shall be customs and tax administration at the latest by 31. December 2015.

Paragraph 5. Insurance premiums that are collected extraordinarily before the law enters into force and which is due to be paid after the 31. In December 2012, the taxable basis must be taken into account at the time of payment.

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

20. In the law on the levying of taxes and duties, etc. (The levying act), cf. Law Order no. 1402 of seven. In December 2010, as amended by paragraph 9 of Act 9. 528 of 17. June 2008, Section 39 at Law. 698 of 25. June 2010 and section 27 of the Act 247 of 30. March, 2011, and no later than Section 8 of Law No 277 of 27. In March 2012, the following change is made :

1. I Annex 1, List A, pasted as no. 34 :

" 34) Promise of tax on indeminsurance. "

§ 21. Law no. 1333 of 19. In December 2008 on debt recovery for the public sector, as amended by Section 2 of Act 2. 252 of 30. March 2011, the following change is made :

1. I in Annex 1, no. 6, change the "stamp charge" to : "Damadeinsurance tax".

§ 22. Law no. 513 of the seventh. June 2006 amending the Act of Incorporation, Corporate Tax law and various other laws (levying through one tax account), as amended by Section 7 of Act No. 1338 of 19. In December 2008 and section 5 of the Act of Law No 1560 of 21. In December 2010, the following changes are made :

1. I § 1, no. 9, in the case of a change to ' 10) on the date of the stamp ' shall be replaced by ' 10) on the tax on damage insurance ' ;

Givet at the Christiansborg Castle, the 18s. June 2012

Under Our Royal Hand and Segl


/ Thor Möger Pedersen

Official notes

1) As a draft law, the law has been notified in accordance with Directive 98 /34/EC of the European Parliament and of the Council (Information Directive), as amended by Directive 98 /48/EC.