Law On The Conclusion Of Additional Agreements To The Danish-Greenlandic Double Taxation Agreement

Original Language Title: Lov om indgåelse af tillægsaftaler til den dansk-grønlandske dobbeltbeskatningsaftale

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Overview (table of contents)



Annex 1



ADDITIONAL AGREEMENT TO THE DANISH-GREENLANDIC DOUBLE TAXATION AGREEMENT





Annex 2



Agreement in accordance with article 24 of the between the Danish Government and the Greenland agreement reached by 18. October 1979 for the avoidance of double taxation with respect to taxes on income and on capital as well as on assistance in tax matters





Annex 3



Agreement in accordance with article 24 of the between the Danish Government and the Greenland agreement reached by 18. October 1979 for the avoidance of double taxation with respect to taxes on income and on capital as well as on assistance in tax matters





Annex 4



Agreement in accordance with article 24 of the between the Danish Government and the Greenland agreement reached by 18. October 1979 for the avoidance of double taxation with respect to taxes on income and on capital as well as on assistance in tax matters



The full text of the Law on the conclusion of additional agreements to the Danish-Greenlandic double taxation agreement

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: § 1. Four supplementary agreements of 20. February 2012, see. Annex 1-4 to this Act, to the between the Danish Government and the Greenland agreement reached by 18. October 1979 to avoidance of double taxation with respect to taxes on income and on capital, as well as for assistance in tax matters, as amended most recently by Act No. 1332 by 19. December 2008 applies in this part of the Kingdom.

(2). Additional agreements shall enter into force and shall apply in accordance with the provisions of its entry-into-force provision.

§ 2. In the pension return tax law, see. lovbekendtgørelse nr. 170 of 22. February 2011, as amended, inter alia, by § 1 of lov nr. 1561 by 21. December 2010 and section 2 of Act No. 398 of 9. may 2012 and, most recently, by section 6 of the law No. 922 of 18. September 2012, is amended as follows: 1. In article 1 the following paragraph 3 is added: ' (3). Beneficiaries, which is considered resident in Greenland after the double taxation agreement between Denmark and Greenland, are taxable by pension schemes as referred to in paragraph 1 of the Danish insurance companies etc. ' 2. Three locations in section 15, paragraph 7, shall be added after ' article 1 (1) ': ' and 3 '.

3. In article 16, paragraph 1, shall be added after ' article 1 (1) ': ' and 3 '.

4. In article 23 (a) (1) and four places in paragraph 3 shall be added after ' article 1 (1) ': ' and 3 '.

5. In article 29, paragraph 3, shall be added after ' article 1 (1) ': ' and 3 '.

6. In section 31 (1) (8). 7, the words ' and '.

7. In section 31 (1) (8). 8, the words '. ' to: ' and '.

8. In section 31, paragraph 1, the following is inserted as a no. 9: ' 9) what information is to be communicated to the Customs and tax administration for use by the materiality of the tax in accordance with this Act, to be transferred to Greenland after tax agreement between Denmark and Greenland by 20. February 2012. '

9. In section 31, paragraph 2, the words ' fully taxable here into the country after withholding tax Act section 1 ' to: ' taxable pursuant to section 1 (1) and (3) '.

§ 3. In Act No. 474 of 12. June 2009 about various matters in connection with Greenland's autonomy is amended as follows: 1. In paragraph 5, the words ' the supplementary agreement of 31. August 1997 ' is replaced by: ' additional agreements of 31. August 1997 and 20. February 2012 '.

§ 4. The law shall enter into force on the day after publication in the Official Gazette referred to in article 6. However, paragraph 3.

(2). § 2 shall take effect as from the income year 2013.

(3). section 3 entry into force and shall take effect as from 1 January 2002. January 2013.

§ 5. sections 1 and 2 shall not apply to the Faroe Islands and Greenland.

Given at Christiansborg Palace, the 18. December 2012 Under Our Royal hand and Seal MARGRETHE r./Holger k. Nielsen



Annex 1 AMENDMENT to the DANISH-GREENLANDIC DOUBLE TAXATION AGREEMENT

The Danish Government and Naalakkersuisut,

Desiring to conclude an additional agreement for the amendment of the agreement of 18. October 1979 for the avoidance of double taxation with respect to taxes on income and on capital as well as on assistance in tax matters, as amended by the supplementary agreement no later than by 19. August 2008,

have agreed upon the following:

Article 1

In the agreement as a new article is inserted after article 17:

' Article 17A

Pension

1. Pensions and other similar remuneration arising from one part of the Kingdom, and shall be paid to a person who is resident in the other part of the Kingdom, whether it be for past services or not, can only be taxed in the other part of the Kingdom. Such pensions and other similar remuneration may, however, be taxed in the first-mentioned part of the Kingdom, if: (a) contributions paid by the receiver) to the pension scheme were deducted from the recipient's taxable income in the first part of the Kingdom in accordance with the law of that part of the Kingdom; or



b) contributions paid by an employer was not taxable for the recipient of the first part of the Kingdom in accordance with the law of that part of the Kingdom.

2. Pensions must be considered to come from a part of the Kingdom, if they are paid by a pension fund or other similar institution providing pension schemes which natural persons can join in order to secure retirement benefits when such a pension fund or other equivalent institution is created, fiscally recognized and controlled in accordance with the law of that part of the Kingdom.

3. If a person who is resident in Denmark, receiving a pension from a pension plan, and there have been paid contributions to the scheme, while the person was previously resident in Greenland, the pension in whole or in part shall not be taken into account for the taxable income according to the rules of pension taxation Act section 20, paragraphs 4 and 5. If payments from the pension scheme is subject to tax after pension taxation law, payments in whole or in part shall be exempt from this tax in accordance with the rules of the pension taxation Act section 32 (1) and (3). '

Article 2

In article 25 shall be amended as follows: (a). Paragraph 2 is repealed.



b. in paragraph 3, which then become paragraph 2, the words ' and 2 '.

Article 3 paragraph 1. This supplementary agreement shall enter into force on the day on which both parties have signed it.

(2). The amendment shall enter into force no sooner than the day on which an act on the parliamentary approval of the agreement is published.

(3). The amendment shall take effect as from 1 January 2002. January 2013.

Article 4

This supplementary agreement shall remain in force so long as the agreement of 18. October 1979 is in force.

Done at Copenhagen, the 20. February 2012 in duplicate in Danish and two copies in kalaallisut, which texts have equal validity.







 

 





For the Danish Government





For The Minister





 

 





Thor Möger P





Maliina Abelsen





 

 











Annex 2 Agreement in accordance with article 24 of the between the Danish Government and the Greenland agreement reached by 18. October 1979 for the avoidance of double taxation with respect to taxes on income and on capital as well as on assistance in tax matters

The Danish Government and Naalakkersuisut,

who wants to conclude an additional agreement in accordance with article 24 of the agreement of 18. October 1979 for the avoidance of double taxation with respect to taxes on income and on capital as well as on assistance in tax matters,

have agreed upon the following:

In cases where a person residing in one part of the Empire, has a qualifying retirement plan in a pension institution established in the other part of the Kingdom, the second part of the Kingdom of taxing the ongoing return of this scheme, as if that person were residing in the other part of the Kingdom.

After the end of each year, the part of the Kingdom, where the Foundation is domiciled, transferring the tax in this year's charged by the return of the scheme, to the part of the Kingdom, where the person concerned resides.

In cases where a person has been resident in the part of the Kingdom, where the Institute is based, will be residing in the other part of the Kingdom, must transfer the first time happen to charged tax which relates to the first full calendar year in which the person resides in another part of the Kingdom. In cases where a person has been resident in the part of the Kingdom, where pension institution, they are native, will be residing in the other part of the Kingdom, where the Institute is based, should transfer be refused for the first time charged tax which relates to the first full calendar year in which the person resides in another part of the Kingdom.

A pension plan shall be considered as qualifying, when payments to the scheme completely or partially deducted on income tax, or when the current return attribution scheme is taxed lower in relation to the taxation of returns of free savings.

The rules for and administration of the transfer to be determined by mutual agreement between the competent authorities.

This supplementary agreement shall enter into force on the day on which both parties have signed it. The amendment shall enter into force no sooner than the day on which an act on the parliamentary approval of the law is promulgated.

The amendment shall take effect for the rate of return on income year 2013 and later income year so that by 2014 the first time transferred charged tax on income the year 2013.

This supplementary agreement shall remain in force so long as the agreement of 18. October 1979 is in force.


Done at Copenhagen, the 20. February 2012 in duplicate in Danish and two copies in kalaallisut, which texts have equal validity.







 

 





For the Danish Government





For The Minister





 

 





Thor Möger P





Maliina Abelsen





 

 











Annex 3 to this Agreement in accordance with article 24 of the between the Danish Government and the Greenland agreement reached by 18. October 1979 for the avoidance of double taxation with respect to taxes on income and on capital as well as on assistance in tax matters

The Danish Government and Naalakkersuisut,

who want to enter into an additional agreement for the amendment of the agreement of 21. August 1990, which were concluded by the parties in accordance with article 24 of the agreement of 18. October 1979 for the avoidance of double taxation with respect to taxes on income and on capital as well as on assistance in tax matters, which was amended by the agreement of 31. August 1997 between the parties,

have agreed upon the following:

The agreement shall be replaced by the following:

» Daily allowances and travel expenses paid by the State and Danish municipalities in connection with the performance of public duties, subject to section 9 A, the equation can only be taxed in Denmark.

Greenland compensated for resignation for the taxation of per diem and travel expenses by a year to receive an amount equal to 3.3 mill. us $.

The amount is adjusted from 2013 with a percentage that corresponds to the average price and pay adjustment on the State's operating budget for the year in question. '

This supplementary agreement shall enter into force on the day on which both parties have signed it. The amendment shall enter into force no sooner than the day on which an act on the parliamentary approval of the law is promulgated.

The amendment shall take effect as from 1 January 2002. January 2013.

This supplementary agreement shall remain in force so long as the agreement of 18. October 1979 is in force.

Done at Copenhagen, the 20. February 2012 in duplicate in Danish and two copies in kalaallisut, which texts have equal validity.







 

 





For the Danish Government





For The Minister





 

 





Thor Möger P





Maliina Abelsen





 

 











Annex 4 Agreement in accordance with article 24 of the between the Danish Government and the Greenland agreement reached by 18. October 1979 for the avoidance of double taxation with respect to taxes on income and on capital as well as on assistance in tax matters

The Danish Government and Naalakkersuisut,

who wants to conclude an additional agreement in accordance with article 24 of the agreement of 18. October 1979 for the avoidance of double taxation with respect to taxes on income and on capital as well as on assistance in tax matters,

have agreed upon the following:

Article 1

Transfer to Greenland of pension schemes with ongoing disbursements drawn in Danish pension or life insurance companies for people who have tax home in Greenland in accordance with article 4 of the between the Danish Government and the Greenland agreement reached by 18. October 1979 for the avoidance of double taxation with respect to taxes on income and on capital as well as on assistance in tax matters, shall not be treated as out-and payment after pension taxation Act section 1. It is a condition that is not in Denmark has been given credit for deposits to the relevant pension schemes or bortseelsesret for employer's contributions to the schemes.

Article 2 paragraph 1. This supplementary agreement shall enter into force on the day on which both parties have signed it.

(2). However, amendments shall enter into force at the earliest on the day on which the Danish Parliament to accede to the agreement.

(3). The amendment shall take effect as from 1 January 2002. January 2012.

Article 3

This supplementary agreement shall remain in force so long as the agreement of 18. October 1979 is in force.

Done at Copenhagen, the 20. February 2012 in duplicate in Danish and two copies in kalaallisut, which texts have equal validity.







 

 





For the Danish Government





For The Minister





 

 





Thor Möger P





Maliina Abelsen