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Executive Order On Approval Of Foreign Pension Schemes And Pension Institutions And Rules About The Tax-Free Portion Of Payments

Original Language Title: Bekendtgørelse om godkendelse af udenlandske pensionsordninger og pensionsinstitutter og regler om den skattefrie del af udbetalinger

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Table of Contents
Chapter 1 Approval of foreign pension schemes and pension institutions
Chapter 2 Tax-free part of payments
Chapter 3 Identification number and documentation
Chapter 4 Penalty provisions
Chapter 5 Entry into force

Publication of the approval of foreign pension schemes and pension institutions and rules on the tax-free part of payments

In accordance with section 15 C (3), 7, section 15 D, paragraph 1. 6, section 20 (4). 5, and section 32 (3). 4, in the pension tax law, cf. Law Order no. 1246 of 15. In October 2010, as amended by law no. 1561 of 21. December 2010 and Law No 922 by 18. September 2012, set :

Chapter 1

Approval of foreign pension schemes and pension institutions

§ 1. SKAT may, in accordance with the provisions of Article 15 C, accept that a pension scheme that a person has created in a life insurance undertaking, a pension fund or a credit institution having its head office in a country other than Denmark is subject to : Chapter 1 of the Pension Act in accordance with the procedure laid down in paragraph 2-6.

Paragraph 2. The person shall have to apply for the approval of the pension scheme to SKAT on a form which SKAT produces.

Paragraph 3. The application shall include the following :

1) Statement by the foreign life assurance undertaking and so on that it has a valid permit to drive life assurance activities etc. in his country of origin.

2) Statement by the foreign life assurance undertaking and so on that it assumes the following obligations :

a) Reporting to SKAT at any time, according to the applicable tax rules, and within the time-limits for any period applicable, including monthly and annual report on payments to the pension scheme, payments from the pension scheme, returns of the payment scheme ; the scheme and any amendments to the system which are essential for its fiscal treatment.

b) Withholding and payment of taxes and charges of payments from the pension scheme or the value of the scheme at the disposal of the system and tax on the pension tax law, in accordance with the applicable tax rules at all times and in the field of the applicable tax rules ; time limits at all times.

c) Adoption of change of address and change of name to persons who do not have residence in Denmark to the extent that the company receives information on this subject.

3) The documentation of the life assurance undertaking and so on for the building and content of the pension agreement. The documentation may be available as the retirement agreement and the terms of this or other documentation.

Paragraph 4. The person shall make a declaration on the acceptance of the taxation of payments as set out in section 15 C (3) of the Pension Code. 1, no. 3 (a) and acceptance that the life assurance undertaking shall take on the obligations of section 15 C (5) of the Pension Code. 1, no. The fourth subparagraph of Article 15 (4) of the Pension Code, Section 15 (3). 1, no. 3 (b). SKAT produces form to use for the declaration.

Paragraph 5. If SKAT is able to approve the pension scheme, SKAT will issue an approval certificate to be sent to the person. The approval certificate shall be furnipped by an identification number of the approved pension scheme and SE no. or other relevant identification number of the life assurance undertaking, etc.

Paragraph 6. SKAT shall at the same time inform the life assurance undertaking and so on for approved pension schemes.

§ 2. SKAT may approve life assurance undertakings, pension funds and credit institutions having their registered offices in a Member State other than Denmark to provide for pension schemes subject to the provisions of Chapter 1 of the Pension Act in accordance with the procedure laid down in paragraph 1. 2-4.

Paragraph 2. The life assurance undertaking and so on shall submit an application for approval of the company and so on to SKAT, on a form which SKAT produces.

Paragraph 3. The application shall include the following :

1) Statement by the life assurance undertaking and so on has a valid permit to operate life-assurance activities and so on in his country of origin.

2) Information on each species of pension schemes as referred to in Section 2 in the notice of the taxation of pension schemes, which the life assurance undertaking and so on wishes to have approved.

3) Statement that the life assurance undertaking and so on assumes the following :

a) Reporting to SKAT at any time, according to the applicable tax rules, and within the time-limits for any period applicable, including monthly and annual report on payments to the pension scheme, payments from the pension scheme, returns of the payment scheme ; the scheme and any amendments to the system which are essential for its fiscal treatment.

b) Withholding and payment of taxes and charges of payments from the pension scheme or the value of the scheme at the disposal of the system and tax on the pension tax law, in accordance with the applicable tax rules at all times and in the field of the applicable tax rules ; time limits at all times.

c) The acquisition of a statement as referred to in section 1 (1). 4, from persons who are establishing pension schemes under the section 15 C of the Pension Act.

d) Adoption of change of address and change of name to persons who do not have residence in Denmark to the extent that the company receives information on this subject.

Paragraph 4. If SKAT can approve the company, and so on, SKAT shall issue approval certificates sent to the life assurance undertaking, and so on, an identification number for each type of approved pension scheme as specified in Section 2 of the notice of : the taxation of pension schemes and an SE. or other relevant identification number of the life assurance undertaking, etc.

§ 3. When the life assurance undertaking and so on is approved after paragraph 2 and this approval is not revoked after paragraph 4 (2). 3, a pension scheme under the pension provision of a pension tax law shall be approved for persons from the time of establishment when the life assurance undertaking and so on has submitted a declaration as referred to in section 1 (1). 4.

§ 4. If a foreign life assurance undertaking, etc. approved in accordance with the provisions of Article 15 C, does not fulfil its obligations, SKAT will address the life assurance undertaking, etc., with a request that the life assurance undertaking, etc., should be requested ; for a time limit set by SKAT by SKAT, these are met. However, the period of time may not exceed four weeks from SKAT's date of communication.

Paragraph 2. SKAT also inform the life assurance undertaking, and so on, that it may not create new pension schemes covered by Chapter 1 of the Pension Code.

Paragraph 3. If the life assurance undertaking, etc. at the end of the time limit laid down by SKAT, has been determined in accordance with paragraph 1. EUR 1 does not comply with its obligations, the approval of SKAT ' s approval to the establishment of new pension schemes covered by Chapter 1 of the Pension Act.

Paragraph 4. SKAT shall at the same time inform those who have created pension schemes in the life assurance undertaking, and so on, that within 1 month they can transfer the pension scheme under the section 41 of the pension system and that if the scheme is not transferred, then there should be a transfer of the pension scheme, shall be paid under the age of pension tax law.

Paragraph 5. Pension tax law-30 shall apply to pension schemes which, at the end of the period of one month, have not been transferred to a different pension scheme.

Paragraph 6. A life assurance undertaking, etc., whose approval has been revoked under paragraph 1. 3, may apply for authorisation to establish pension schemes covered by Chapter 1 of the pension tax law. If the obligations of the life assurance undertaking are displeasing the obligations that justified the recall of the permit, the SKAT of SKAT may refuse to comply with the request.

§ 5. SKAT may, in accordance with the provisions of the pension tax officer, accept that a pension scheme that a person has for relocation to the country and has been established in a life insurance undertaking, pension fund or credit institution having its head office in another country, within the territory of the country of origin ; EU/EEA than Denmark shall be subject to the provisions of Chapter 1 of the Pension Act in accordance with the procedure laid down in paragraph 1. 2-7.

Paragraph 2. The person shall submit an application for approval of the pension scheme to SKAT on a form which SKAT produces.

Paragraph 3. The person has to prove that the conditions of Article 15 D (1) of the Pension Code are to be documented. 1, no. Paragraph 1 and paragraph 1. Two is fulfilled. The documentation may be presented as an annual statement, declaration or similarly from the tax authority of the country which has granted deduction or withdrawal of payments to the pension scheme at the time of the pension scheme, or other documentation.

Paragraph 4. The person has to prove that the conditions of Article 15 D (1) of the Pension Code are to be documented. 1, no. Two is fulfilled. The documentation may be available as receipts or similar from the life assurance undertaking, etc., or bank statements, etc. from a financial institution for payments to the pension scheme, or other documentation.

Paragraph 5. The person has to prove that the conditions of Article 15 D (1) of the Pension Code are to be documented. 1, no. 4 and 5 are fulfilled. The documentation for the condition of section 15 D (15) of the pension scheme (s) of the pension. 1, no. 4, fulfilled, may be available as the pension agreement and the terms of this or other document which documents the structure and content of the pension scheme, etc.

Paragraph 6. The person has to prove that the condition of the pension system of pensions is 15 D (3) (1). FOUR, THREE. Pkt., fulfilled. The documentation may be presented as a declaration or similar from the tax authority of the country that has granted deduction or withdrawal of payments to the pension scheme at the time of creation or other documentation.

Paragraph 7. If SKAT is able to approve the pension scheme, SKAT shall allocate the title to the pension scheme in section 2 (2). 1, in the notice of the taxation of pension schemes, to which the pension scheme is to be dealt with.

Chapter 2

Tax-free part of payments

§ 6. The life assurance undertaking and so on shall include tax or charge of the amounts paid from the pension scheme.

Paragraph 2. If the person on whom the payment takes place does not agree with the basis of the holding, the person shall record information to SKAT on the amount of the payment and the value of the pension scheme, including value added to the rate of valuation as being done by life assurance undertaking, etc.

Paragraph 3. The information shall be submitted on a form which SKAT produces.

Paragraph 4. The person shall be required on the form set out in paragraph 1. 3 information,

1) which country is domiciled at the time of payment,

2) the year in which they have not been covered by the right of deduction or the right of disposal,

3) which country was residable in the time of payment,

4) the annual payments without the right of deduction or the suspension ; and

5) the length of the payment period for the termination of old-age pensions, for pension benefits in pension and savings income in pensionable and retirement pension schemes for permanent payments, except for the suspension of old-age pensions.

Paragraph 5. SKAT shall do so on the basis of the information contained in the form provided for the tax or tax-free amount of the payment and shall notify the life assurance undertaking, and so on, the amount of the tax-and tax-holder.

Paragraph 6. The tax-free amount shall be used as a basis for the tax holding during the upcoming life-interest or the rate of payment of the instalments of the pensioner and in the life span of pension schemes with ongoing payments other than related life interest. The tax-free amount shall be allocated over the balance of payments, either as an annual flat-rate amount or as an annual rate of the payment.

Paragraph 7. After the expiration of the residual life span, the total amount of the amount paid shall be used as a basis for the tax holding.

Chapter 3

Identification number and documentation

§ 7. The life assurance undertaking, and so on, shall inform the Danish Tax Authority the identification number of the pension scheme to which the application relates.

§ 8. All evidence that is not in Danish or English must be available in the Danish or English translation.

Chapter 4

Penalty provisions

§ 9. The insubordinate or gross negligent violation of the provisions of this notice shall be punished by fine, unless a higher penalty is imposed on the section 57 (5) of the Pension Code. 2.

Chapter 5

Entry into force

§ 10. The announcement shall enter into force on 1. January 2013.

Paragraph 2. At the same time, notice No 1539 of 12. In December 2007, on the approval of foreign pension schemes and pensioners and rules on the tax-free part of payments.

Tax Exterior, the 13th. December 2012

Holger K. Nielsen

/ Carsten Vesterø