Ordinance To The Law On The Taxation Of Profits Made From The Sale Of Real Estate (Real Estate Profit Tax Law)

Original Language Title: Bekendtgørelse af lov om beskatning af fortjeneste ved afståelse af fast ejendom(Ejendomsavancebeskatningsloven)

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Ordinance to the law on the taxation of profits made from the sale of real estate

(Real estate profit taxation law) 1)

Hereby promulgated law on the taxation of profits made from the sale of immovable property, see. lovbekendtgørelse nr. 891 of 17. August 2006, with the changes resulting from section 4 of Act No. 335 of 7. May 2008, § 6 of the law No. 462 of 12. June 2009, section 18 of Act No. 521 of 12. June 2009, section 5 of law No. 525 of 12. June 2009, § 4 of the lov nr. 725 of 25. June 2010, § 2 of the law No. 1560 by 21. December 2010, article 2 of law No. 254 of 30. March 2011, section 13 of the Act No. 1382 of 28. December 2011 and § 2 of the law No. 433 of 16. may 2012.

§ 1. Profits made from the sale of immovable property shall be taken into account for the taxable income according to the rules laid down in this law.

(2). The law does not apply to profits or losses on disposal of immovable property acquired as part of the taxpayer's valuable.

section 1 a. waiver or relinquishment of the right in accordance with the contract for the construction of a building, etc., or a contract for the conversion of or addition to a building, etc. (construction contract) shall be treated for the purposes of applying the rules laid down in this law with the sale of real estate. Profit or loss on disposal or abandonment of a construction contract is calculated as the difference between the transfer sum for the Court under the contract and the acquisition cost for this.

§ 2. Liability and insurance sums equivalent to sales summer, see. However, sections 10 and 11.

(2). Transfer of real estate as a gift or inheritance advance equated to sales. Acquisition of immovable property by gift or inheritance advance equated with purchase.

§ 3. Is an abandoned immovable property acquired by gift or inheritance advances, used the value taken into account in the calculation of gift tax or income tax on the acquisition, as the starting point for the calculation of profit on the sale. The acquisition has not been gift tax or income, applied the relevant fixed property value in Commerce and vandel on acquisition date as the starting point.

(2). Is abandonment happened by gift or inheritance advances, considered the value taken into account in the calculation of gift tax or income tax in connection with the transfer, as compensation. Is the transfer neither gift tax or income shall be deemed to be the value of the trade and the time of transaction as overdragelsessum vandel.

section 3 (A). When abandonment of a part of a real estate means sell-offs, where an area is transferred in accordance with the rules of land transfer, or transferred part of the immovable property subject of the subdivision.

§ 4. Profits made from the sale of real estate is calculated as the difference between, on the one hand, when the transfer sum converted in accordance with paragraph 4 and, on the other hand, the acquisition cost of a fixed amount in accordance with paragraph 2 or paragraph 3 and regulated pursuant to section 5 or section 5 (A) of the basic regulation. However, paragraph 8.

(2). The acquisition cost shall be converted into cash value, which is calculated by dividing the cash part of the acquisition cost of the property's market value with added up debts at the date of acquisition.

(3). Is the assigned property acquired before the 19. in May 1993, the taxpayer's acquisition cost is calculated as either 1) property value per 1. Since 1 January 1993, with a surcharge of 10 per cent or 2) property value per 1. Since 1 January 1993, with a surcharge of 10 per cent and with the addition of an amount calculated as half of the difference between this value and the property value per 1. January 1996.

The taxpayer may instead of inventory of the acquisition cost after 1. point choose to use a recruitment of the value of the property per. 19. May 1993, carried out in accordance with the then-current provision in the assessment Act § 4 B. Notwithstanding 1. and 2. point can the taxpayer, if the actual acquisition cost converted into cash value in accordance with paragraphs 2 and 4 (A) and attributed to pursuant to section regulated maintenance and improvement costs incurred before the 1. January 1993 is higher than the value after 1. and 2. paragraph, instead choose to take this acquisition. Expenditure, as referred to in section 5, paragraph 2, 4.-7. paragraph shall not be taken into account. Acquisition cost of property located abroad, the value of trade and vandel on 19. May 1993. The in 3. and (4). paragraph referred to actual acquisition cost may be used, if this is higher than the value in trading and vandel on 19. May 1993. For properties that are or have been subject of equation section 16 (9), or section 16 (A), paragraph 5, to the taxpayer by estimating the profit after this law benefit from the acquisition, which is being used or has been used in determining the basis of assessment for the assessed article 16, paragraph 9.

(4). When the transfer sum shall be converted into cash value, which is calculated by dividing the cash portion of the transfer sum are added together with the stock exchange value of the transferred debts at the time of the transfer. Unless the price of the transfer time is under 100, converted inkonverterbare loans by the seller is founded or taken over before the 19. in May 1993, to rate 100, if the loan is founded or taken over at a price of 100 or less.

(5). At the disposal of immovable property to the seller and the buyer in the purchase agreement, deed or other written way make an apportionment of the total cash compensation because, converted buildings, home ownership, including the farmhouse as well as milk quotas covered by this law.

(6). Both the total cash compensation as the distribution of assets converted in accordance with paragraph 5, which the parties have agreed, subject to the Customs and tax administration credentials. The decision is binding on both the seller and the buyer.

(7). By any change of seller's sale price for an asset as a result of a change in tax recruitment to be buyer's acquisition of that asset should be amended accordingly. By any change in the buyer's acquisition of an asset, the seller's compensation for an asset should be amended accordingly.

(8). Expenditure to artistic ornamentation, which is a part of the building and covered by section 44 (A), depreciation and amortization of such expenditure or loss made on the sale of the artistic decoration are not included in the inventory of the acquisition cost of the building in question according to the rules laid down in this law. Corresponding value of such decorations are not counted in determining the transfer sum for the building by the application of the rules laid down in this law.

§ 4 a. Is the assigned property acquired before the 19. in May 1993, the taxpayer can regulate the actual, cash from acquisition acquisition this year, however, converted at the earliest from 1975 through 1993. The adjustment must be carried out using the following percentages: Anskaffelsesår





Revaluation percentage







1975 or earlier





182.4







1976





158.6







1977





140.0







1978





120.2







1979





108.0







1980





93.5







1981





79.9







1982





62.6







1983





49.3







1984





40.2







1985





32.5







1986





27.7







1987





23.6







1988





18.1







1989





12.5







1990





7.7







1991





5.6







1992





3.5







1993





0.0
§ 5. The acquisition cost shall be increased by a premium of 10000 DKK for acquisition this year and each of the following calendar year, in which the taxpayer has owned the property. For properties that are subject to the provisions of section 4, paragraph 3, of this supplement shall be granted as from 1993. The supplement is given except for the calendar year in which the property to be transferred, unless the sale takes place in the same calendar year as the acquisition. If the taxpayer only refrain part of a real estate, reduced the charge after the relationship between the purchase sum for the entire property and acquisition cost for the part of the property that is abandoned, without prejudice. However, § 9, paragraph 3. If the taxpayer owned the property in co-ownership with others, make up the Appendix only so large a share of 10000 DKK annually, which corresponds to the taxpayer's share of the property.

(2). The acquisition cost shall be increased also with costs incurred for maintenance or improvement, in so far as these have exceeded 10000 DKK per calendar year. For properties that are subject to the provisions of section 4, paragraph 3, include only expenses incurred on or after 1. January 1993 or later. If the property is assessed in accordance with the then-current provision in the assessment Act § 4 B or covered by § 4 (3), 5. paragraph, include only costs incurred after 19. May 1993. Maintenance and enhancement costs have been deducted in determining taxable income, as well as expenditure, there are straksfradraget or written off immediately, and which are not subject to depreciation section 21 (2), as well as enhancement expenditure on listed buildings, there may be deducted from subsequent income year may not be counted. In determining whether the expenditure has been deducted in determining taxable income, disregarding the standard deduction, which is carried out up to and including the tax year 1999 after the then-current term of equation section 15 j. expenditure matched by grants, etc., which are tax free, cannot be taken into account. Similarly, expenses that are deducted in 1992 and 1993 after the then-current provision § 15 N in the equation. If the taxpayer only refrain part of a real estate, included only the cost of maintenance and improvement, which relates to the assigned part of the property. The costs taken into account in these cases to the extent that they are in the individual calendar year exceed the Appendix referred to in paragraph 1, 4. the rules in section 4.-7. paragraph apply accordingly. If the taxpayer owned the property in co-ownership with others, included only the cost of maintenance and improvement, as the taxpayer has held. The costs taken into account in these cases to the extent that they are in the individual calendar year exceed the Appendix referred to in paragraph 1, 5. the rules in section 4.-7. paragraph apply accordingly. For properties that are or have been subject of equation section 16 (9), or section 16 (A), paragraph 5, can only be increased by the acquisition cost improvements, there is conferred by the statement of the basis of assessment for the assessed article 16, paragraph 9. However, this does not apply for improvements made after the time when the property was last subject of equation section 16, paragraph 9, or section 16 (A), paragraph 5. 14. paragraph shall not, however, apply for maintenance and enhancement expenditure on buildings, which is subject to protection in accordance with building conservation law, and which cannot be deducted on the income statement.

(3). The acquisition cost shall be increased, together with the remuneration paid on purchases or allocation of milk quotas, which are not covered by section 40 C depreciation. If the taxpayer has been taxed by the quota's value award, can the taxed amount attributed to acquisition cost. Is the property covered by section 5 (A), increased the adjusted acquisition under section 5 (A), paragraph 1, in the year in which the milk quota is acquired. Increase of the acquisition cost after 1. paragraphs, see. 3. paragraph, subject to the completion of the concerned milk quota at the same time should be a reduction of the acquisition cost in accordance with the rules laid down in paragraph 4, no. 6, paragraph 5, no. 5 (6) or (7). In rule 4. paragraph, shall apply only if the milk quota is purchased or allocated to the 19. May 1993 or later and abandoned the 18. June 1993 or later. If the taxpayer only refrain part of immovable property shall be deducted from the paid remuneration according to the relationship between the acquisition cost of the property, which do not form part of the residential portion, and acquisition cost for the part of the property that is abandoned.

(4). The acquisition cost shall be reduced in the same estate with 1 year of renunciation) carried out depreciation, including advance depreciation after depreciation amount after deduction of depreciation Act, section 24, paragraph 5, 1. and 2. point, and advance depreciation after the start-up account law or the Investment Fund Act on buildings and installations, where the aforementioned depreciation etc. are not taxed as a recovered depreciation, write-offs, including advance made 2) depreciation after depreciation amount after deduction of depreciation Act, section 24, paragraph 5, 1. and 2. point, and advance depreciation after the start-up account law or the investment fund law, and after deduction of depreciation impairment section 23, on the demolished buildings and installations and demolition deduction for depreciation § 22, 3) loss after depreciation and impairment section 21 of the Act the deduction for depreciation § 23 not covered by nr. 2, 4), the amount that is deducted in determining the taxable income as impairment of property as a result of the exploitation of deposits of gravel, clay and lime, etc. on the property, see. section 38 of the Act, or depreciation as a result of the decline in the Earth's agricultural value by the said exploitation, 5) costs written off in accordance with § 27, depreciation and 6) remuneration received for the sale of a milk quota, which are not covered by section 40 of the Act (C) depreciation.

(5). Paragraph 4 shall apply mutatis mutandis in cases where abandoned part of a property. The reduction shall be carried out according to the following principles: 1) Reduction in accordance with paragraph 4, no. 1 and 3, shall be carried out only if there be a depreciable building or installation which is depreciated, including advance depreciation after depreciation amount after deduction of depreciation Act, section 24, paragraph 5, 1. and 2. point, and advance depreciation after the start-up account law or the investment fund law, or given credit for loss or impairment. The reduction amount shall be assigned to the part of the property, in which depreciation etc. is carried out or the loss or impairment relates.

2) Reduction in accordance with paragraph 4, no. 2, should only be performed if that abandoned land where the demolished buildings and installations have been located. The reduction amount shall be assigned to this part of the Earth.

3) Reduction in accordance with paragraph 4, no. 4, should only be performed if that abandoned land in which there has been exploitation of deposits of gravel, clay and lime, etc. The reduction amount shall be assigned to this part of the Earth.

4) Reduction in accordance with paragraph 4, no. 5, should only be performed if that abandoned land on which are built drainage and mark vandingsanlæg, which is written off in accordance with § 27 of the depreciation. The reduction amount shall be assigned to this part of the Earth.

5) Reduction in accordance with paragraph 4, no. 6, are effected by removing the reduction amount proportionally attributable to the assigned part of the property and the portion of the remaining property, which do not constitute the residential portion, after the relationship between the acquisition cost of the assigned part of the property and the acquisition cost of the property, which do not form part of the residential portion.

(6). Be a part of a real estate that at the time of the transfer in whole or in part is used for agriculture, horticulture, nursery or Orchard, see. Assessment Act section 33, paragraph 1, and shall apply the rules laid down in section 4, paragraph 3, 1. or 2. paragraph, by the inventory of the acquisition cost, transferred a proportional share of the additional parcel value or the technical value, whichever is higher, for the acquisition cost of the land. The eligible amount is calculated as the additional parcel transfer value/the technical value reduced by 1), including depreciation made advance depreciation after depreciation amount after deduction of depreciation Act, section 24, paragraph 5, 1. and 2. paragraph, and forlodsafskrivninger after the start-up account law or the investment fund law, on buildings and installations located on property, 2) depreciation, etc. carried out as referred to in paragraph 4, no. 2, and 3) the written down value on the property's buildings and installations.

Reduction after nr. 1-3 shall be carried out only with depreciation, etc., and the written-down value of buildings and installations that are entered into the property value per 1. January 1993 or an assessment after the then-current provision in the assessment Act § 4 B. Acquisition cost for the part of the property, which transferred a portion of the acquisition cost shall be reduced by the amount transferred. Paragraphs 4 and 5 shall apply mutatis mutandis, with the reduction in accordance with paragraph 5, nr. 5, after the transfer is made after 1. and 2. PT.

(7). Is the property covered by section 5 (A), the reduction is carried out with the amount referred to in paragraphs 4-6 of the basic regulation. paragraph 8, in the adjusted acquisition pursuant to section 5 A of the year in which the amount is deducted in determining taxable income. The amount of reduction in accordance with paragraph 4, no. 1, assigned to the year in which there is written off at the property's buildings or installations according to the ratio between the total depreciation, etc., made in the year in question. Reduction in accordance with paragraph 4, no. 6, by transfer of milk quotas is made, however, in the year in which the milk quota to be transferred.
(8). For properties subject to section 4, paragraph 3, 1., 2., or 5. point, the reduction of the acquisition cost in accordance with paragraph 4, no. 1, of the basic regulation. paragraphs 5 to 7, with write-offs, including advance depreciation made in accordance with the law, the right to deduct depreciation amount after depreciation section 24, paragraph 5, 1. and 2. point, and advance depreciation after the start-up account law or the investment fund law, only happen with depreciation, etc. made in the tax year 1993 or later. The amount of reduction in accordance with paragraph 4, no. 1, of the basic regulation. paragraphs 5-7, attributed to the tax year 1993 or later after the relationship between the total depreciation etc. are carried out on the property's buildings and installations and the most amortization, etc. that have been made in the tax year 1993 or later. 1. paragraph shall apply mutatis mutandis to the amount of reduction in accordance with paragraph 4, no. 2-5 of the basic regulation. paragraphs 5-7. Reduction of the acquisition cost with consideration for abandonment of a milk quota, see paragraph 4, nr. 6, and paragraph 5-7, should only be done for milk quotas ceded the 18. June 1993 or later.

section 5 (A). The taxpayer can regulate the acquisition cost after section 4, paragraph 2, of the percentage calculated to one decimal place, with which the adjustment figure in Spanish section 20 is amended from acquisition year for income year 2009 multiplied by the change from income the year 2013 to desist this year for real estate at the time of the transfer is used for agriculture, horticulture, nursery, Orchard, or forestry, see. Assessment Act section 33, paragraph 1 or 7. For properties that are within the scope of section 4, paragraph 3, adjusted acquisition cost from the calendar year 1993.

(2). The amount by which the acquisition cost shall be increased by under section 5, paragraph 1, shall be adjusted in accordance with paragraph 1 of the calendar year, the Appendix relate to the calendar year in which the property to be transferred.

(3). The amount by which the acquisition cost shall be increased by under section 5, paragraph 2, shall be adjusted in accordance with paragraph 1 of the calendar year for maintenance work or forbedringens completion for the calendar year in which the property to be transferred.

§ 6. The incremental profits made from the sale of immovable property shall be included when determining taxable income, without prejudice. However, paragraphs 2 to 6.

(2). At the disposal of the properties at the time of the transfer is used for agriculture, horticulture, nursery, Orchard, or forestry, or mixed-used properties, see. Assessment Act § 33 (1) or (5) or (7) 1. and 2. paragraph, account shall be taken of the incremental profit after deductions pursuant to paragraph 4, however, only in so far as this exceeds a bottom deduction with a basic amount of EUR 268,600 DKK (2010-level). The application of the rules in the 1. item is subject to the property at the transfer time has been owned for at least 5 years, and that the sale includes the farmhouse with adjoining land and garden or ejerboligen. Furthermore, the application of the rules in the 1. item subject to the condition that the property has served as a residence for the owner or his/her household in all or part of the period during which this has owned the property, and where the property has been subject to assessment § 33 (1) or (5) or (7) 1. and 2. item that can be used one bottom deduction per property. If the taxpayer owns property in co-ownership with others, they can only use so much of the bottom the deduction, which in proportion to his or her stake. Rules of 1.-5. paragraph shall not apply, provided that the acquisition cost is determined under section 5 (A). In addition, the rules of 1.-5. item is not applicable where there is ceded a part of the premises in which the acquisition cost was calculated under section 5 (A), or where the incremental profit was set up in accordance with paragraph 3. The basic amount of 1. paragraph shall be regulated in accordance with Spanish law § 20.

(3). In profit during a given year is taxable in accordance with paragraph 1 may the taxpayer deduct income year loss on disposal of property, see. However, paragraph 4. This year's loss exceeds this year's profits, the excess loss can be deducted from profits in accordance with paragraph 1 of the following year, see. However, paragraph 6. The loss may be transferred only to the deduction in a subsequent year, to the extent that it cannot be accommodated in net profit by the sale of real estate in a previous income year.

(4). Loss on disposal of properties, which are covered by section 8, cannot be deducted, while losses on the disposal of properties, which are covered by section 9, cannot be deducted, in respect of the portion of the loss that relates to the farmhouse with adjoining land and garden or ejerboligen. The loss is calculated on the basis of the acquisition cost after section 4, paragraph 3 3. point, the loss does not exceed the loss which can be determined by use of property value under section 4 (3) 1. and 2. PT.

(5). A spouse's losses exceed its profits by the sale of real estate, can the excess amount in the income year is transferred to the other spouse's deduction of profits by the sale of real estate, if the spouses are cohabiting at the income of the year, see. withholding tax Act § 4. The loss may also be transferred to the other spouse's deduction of profits by the sale of real estate in the following year, if the loss cannot be included in the taxpayer's net profits made from the sale of real estate in that income year, and if the spouses are cohabiting at the income of the year.

(6). Has the taxpayer in an income year found a taxable profits made from the sale of part of a property, see. section 3 (A), and finds the taxpayer in the first or second income year after ceding a deductible loss by one or more further delsalg of the basic regulation. section 3 (A), of the original same property or by the sale of the remaining part of the original same property, may the taxpayer deduct the loss in this profit, to the extent that the profit is not already utilized by offsetting in accordance with paragraph 3 or by a reduction of the acquisition cost in accordance with the rules of section 6 (A) or section 6 (C). the loss must be set off against taxable profits as mentioned in 1. point for the earliest possible prior income year. The rules in the 1. and 2. paragraph shall apply mutatis mutandis when the real property on which there is found a deductible loss, is parceled out from the real estate, in which the taxpayer within the two last preceding income year have found a taxable profit. Rules of 1.-3. paragraph shall not apply to the real estate udstykkes in condos.

section 6 (A). If the taxpayer acquires a property that is subject to the Act, with the exception of property covered by section 8, can the taxpayer instead of counting the profits made from the sale of real estate to the taxable income, choose to reduce the acquisition cost of the acquired property with profits. The rules in the 1. paragraph applies only for profit, that relates to the part of the assigned property, which was used commercially in the owner's or the samlevede spouse's business activities, and it is only the portion of the acquisition cost that relates to the portion of the acquired property that is to be used commercially in the owner's or the cohabiting spouse's business activities, which can be reduced with the profits. (3) 2. paragraph, shall apply correspondingly. The letting of immovable property shall be considered in this context, not for business. The acquired property shall not be considered on loan, although it is leased at the time of the acquisition, if the lease is terminated before the expiry of the deadlines laid down in paragraph 2, no. 2. in addition, it is considered part of the assigned property respectively acquired the property, which make up the residential portion, not in this connection for used commercially. Reduction after 1. item must be done with the entire share of the profit calculated without any deduction under section 6, paragraph 2, relating to the commercial-used part of the assigned property shall not exceed an amount equal to the portion of the cash acquisition cost of the acquired property that relates to the part to be used commercially. Exceeds the incremental profit the cash acquisition, the excess profits are taxed according to the General rules of the Act.

(2). Reduction of the acquisition cost in accordance with paragraph 1 are subject to 1) the taxpayer either acquires real estate in the same income year in which the taxpayer shall not real estate, or acquires property no later than in the income year following the year of the transfer, or acquires real estate in the most recent income year prior to desist and 2) the taxable year not later than for the income year in which the acquisition takes place , claiming the rule in paragraph 1 applied by submitting timely tax return or, where the acquisition of real estate takes place in the most recent income year prior to desist this year, claiming the rule in paragraph 1 applied no later than the submission of timely tax return for the year of renunciation. If the tax authorities regarding the sale of real estate employment change, the taxpayer may request the rule in paragraph 1 applied, however not later than 3 months following the notification of employment change is received.

(3). Paragraphs 1 and 2 shall apply mutatis mutandis if one spouse shall not real estate and the other spouse acquires real estate. It is a condition that the spouses are cohabiting at the end of both the income year in which the sale takes place, and the income year in which the acquisition takes place.
(4). Reduction of the acquisition cost in accordance with paragraph 1 shall be subject to the acquired property is not located in a foreign State, on the Faroe Islands or to Greenland. If the owner at the time of reduction is taxable to Denmark after withholding tax Act § 1, corporate tax Act § 1 or Fund tax law § 1 without being resident in a foreign State, on the Faroe Islands or to Greenland in accordance with the provisions of a tax treaty, there may be a reduction of the acquisition cost, when it acquired immovable property situated in a Member State of the EU/EEA, on the Faroe Islands or to Greenland. It is a condition for the reduction of the acquisition cost after 2. paragraph, to the foreign State, the Faroe Islands or Greenland shall exchange information with the Danish authorities after a double taxation treaty, a second international agreement or Convention or a contracted administrative assistance in tax matters. The profits derived from the reduction of the acquisition cost, the profit from real estate located in the State in which the property was divested. A taxpayer who wants to reposition a profit in a property in a foreign State, on the Faroe Islands or to Greenland, before the expiry of the full tax liability after withholding tax Act § 1 covet the rule in paragraph 1 applied to an acquired foreign property. The petition must be accompanied by the necessary information about the property, including an operating budget for the acquired property.

(5). Notwithstanding paragraph 1, 4. paragraph shall be regarded as the letting of immovable property to a company in which the owner of the property and his spouse have a dominant influence, directly or indirectly, for commercial activity. It is a condition that the company shall use the property in the course of trade, without prejudice. (1). By a dominant influence shall mean ownership or disposal of voting rights, so as to directly or indirectly owned more than 50% of the share capital or be advised of more than 50 percent of the vote. Terminates the dominant influence in the company, the taxation of the profits of the genanbragte at this time. Taxed the genanbragte profit after 4. point, the reduction of the acquisition cost after lapse (1) 1. PT.

(6). Tax Minister may lay down detailed rules on the submission and contents of applications in accordance with paragraph 2.

section 6 (B). Terminates a person's tax liability for withholding tax Act section 1 as a result of vacating, or will be a person in accordance with the provisions of a tax treaty resident in a foreign State, on the Faroe Islands or to Greenland, taxed profits, which reduce the acquisition cost under section 6 (A), paragraph 1, at the time of termination or transfer tax liability of tax domicile. It applies, however, only if the acquired property is located in a foreign State, on the Faroe Islands or to Greenland. The profits derived from the reduction of the acquisition cost, the profit from real estate located in the State in which the property was divested.

(2). Tax may be deferred in accordance with paragraph 1 in accordance with the provisions of section 73 of the Act (E) withholding tax.

(3). If by transfer of the acquired property or by the owner's death, after which has joined tax liability in accordance with paragraph 1, it is found that when the transfer market value at death, respectively, the sum is less than the acquisition cost, the taxable amount shall be reduced in accordance with paragraph 1 with the difference. The taxable amount cannot be negative.

(4). Gets the owner again fiscally home here before the acquired property is ceded, repealed the obligation to answer tax in accordance with paragraph 1, until the owner again fulfils the conditions set out in paragraphs 1, 1. PT.

section 6 (C). If the taxpayer reconditions, tilbygger or settler on a property that is covered by section 6 (A), can the taxpayer instead of counting the profits made from the sale of real estate to the taxable income choose to reduce the acquisition cost for the redevelopment, the extension or the extension of with profits. The rules set out in sections 6 (A) and 6 (B) shall apply mutatis mutandis.

§ 7. By land exchange as part of a jordfordelingssag in accordance with the law on land consolidation and public purchase and sale of real estate for agronomic purposes, etc. (the land consolidation Act), as well as by land exchange as part of an expropriation in accordance with Act No. 186 of 4. June 1964, in accordance with the law on public roads or in accordance with the law on planning can the taxpayer may provide that in determining the profit excluding the sale of undeveloped land by value conditions at the time of the land swap is matched by received undeveloped land. Tax Minister lays down rules on the calculation of profits. By the later abandonment of a tilbyttet area after the value soil conditions at the time of the spoils was matched by the given area, the acquisition cost is calculated for the tilbyttede area, as if it were acquired at the same time and for the same amount as in his time votes area. The cost of maintenance and improvement, before the land swap is held on it in due course, be taken into account in this way area provided for in § 5 (2) of the specified scope. For properties where soil replacement has been carried out before the 19. in May 1993, the acquisition cost is calculated for the tilbyttede area in accordance with the rules in section 4, paragraph 3. In determining acquisition cost after section 4, paragraph 3 3. paragraph shall be determined the acquisition cost of the tilbyttede area, as if it were acquired at the same time and for the same amount as in his time votes area. Add to this may be added the cost of maintenance and improvement, before the land swap is held on it in his area, and provided corresponding time costs incurred at the tilbyttede area in the 1. January 1993. Expenditure as referred to in section 5, paragraph 2, 4.-7. paragraph shall not be taken into account.

(2). Outside the cases referred to in paragraph 1, the taxpayer can choose not to include profits, abstracted by Exchange of property into taxable income. However, it is a condition that there is Exchange of property of undeveloped land, and that of one of the parties, in addition to land a consideration exceeding 10000 DKK It is furthermore a condition that the existence of a single trade concluded between two parties. If the taxpayer elects not to take into account the profits of the basic regulation. 1. item, the acquisition cost of the property acquired by mageskiftet, by later sale is calculated as if the property were acquired at the same time and for the same amount as the property abandoned by mageskiftet. The cost of maintenance and improvement, that in mageskiftet is held on it by mageskiftet assigned property shall be taken into account in the hereby in § 5 (2) of the specified scope. For properties that are mageskiftet before the 19. in May 1993, the acquisition cost is calculated for the mageskiftede property in accordance with the rules in section 4, paragraph 3. In determining acquisition cost after section 4, paragraph 3 3. paragraph shall be determined the acquisition cost for the mageskiftede estate, as if it were acquired at the same time and for the same amount as the assigned property during his time at mageskiftet. Add to this may be added the cost of maintenance and improvement, which is held on it by mageskiftet assigned property, and the corresponding costs incurred on it by mageskiftet acquired property before 1. January 1993. Expenditure as referred to in section 5, paragraph 2, 4.-7. paragraph shall not be taken into account.

(3). For properties that have been superseded jordrente duty is calculated as the sum for the temporary replacement of land acquisition cost rates with a supplement of architectural value. Tax Minister lays down rules on the calculation of this appendix. The acquisition cost shall be converted in accordance with § 4, paragraph 1, and shall be regulated under section 5 and section 5 (A). For properties that have been superseded jordrente duty before the 19. in May 1993, the acquisition cost is calculated according to the rules in section 4, paragraph 3. In determining acquisition cost after section 4, paragraph 3 3. item, used term the sum of economic rent with a premium for building value as well as the costs of maintenance and improvement that is held before 1 May 2004. January 1993. Expenditure as referred to in section 5, paragraph 2, 4.-7. paragraph shall not be taken into account.

§ 8. Profits made from the sale of a-and tofamilieshuse and condos must not be included if the House or apartment has earned to the abode of the owner or his household in all or part of the period during which this has owned the property, and where the property has fulfilled the conditions for being able to be transferred tax free after this paragraph. With regard to a-and tofamilieshuse however, this exemption shall apply only if the 1) the property's total land area is less than 1400 m² or 2) which, according to the official authority provision is not from the property can udstykkes reason for separate houses or 3) subdivision, according to statement from the Customs and tax administration will lead to significant impairment of remnant area or the existing settlements.

(2). The rules laid down in paragraph 1 shall also apply to cottage properties and the like. by the owner or his/her household has used for private purposes in all or part of the period during which this has owned the property, and where the property has fulfilled the conditions for being able to be transferred tax free after this paragraph.

(3). The rules laid down in paragraph 1 shall apply also in the case of transfer of a share of a real estate with several residential apartments, where the Agency is associated with the right to use an apartment in the building, and the apartment has earned to the abode of the owner of the agency or his household in all or part of the period during which this has owned agency, and where the conditions in order to be able to cede convey the stock tax free after this paragraph have been met.
(4). Profit or loss on disposal, including by the distribution of liquidation proceeds in the calendar year in which the company, etc., finally dissolved by shares, cooperative evidence and similar securities, that are connected with the right to use an apartment in a building with several residential apartments shall not be taken into account in determining taxable income after stock profit tax Act, if the apartment has earned to the abode of the owner of the security or his household in all or part of the period which this has owned the security, and where the conditions in order to be able to cede the security tax free after this paragraph have been met. (1), (2). paragraph shall apply mutatis mutandis, provided that belong to a specific land area for the occasion.

(5). The rules laid down in paragraphs 1 to 3 and 8 shall not apply to profits made from the sale of a commercial property, pursuant to section 6 (A), section 6 (C) or section 10 is genanbragt in a property within the scope of paragraphs 1 to 3. The profit generated by the sale of commercial property taxable in the income year in which the property, as the profit is genanbragt in, abandoned. The taxable profit is calculated with the premiums and discounts in accordance with this law, as commercial property had been entitled to if the profits were taxed at the time of the sale of commercial property.

(6). Profit or loss on the disposal of a property shall not be counted as taxable income, if 1) there on the property has been built a House that has been significantly damaged, 2) damage is not the result of intent or gross negligence of the owner or persons in the owner's household and 3) the property at the time immediately prior to the damage could have been transferred taxfree under paragraphs 1-3.

(7). It is a prerequisite for tax-exempt authority in accordance with paragraph 6, that the whole of the property to be transferred not later than 1 year after the damage has occurred. Customs and tax administration may in exceptional cases derogate from this period.

(8). Profit or loss on the sale of home ownership incl. a plot of less than 1400 m2 shall not be counted as taxable income, if 1) owner has requested that there be a cadastral subdivision of the property on a plot in accordance with law on separation and other registration in the land register, 2) owner, before the proceedings of request for separation is completed, according to the statement from the social authorities have moved from the property to a protected home or to a nursing home and 3) in the case of an a-or tofamilieshus as mentioned in the paragraph. 1, which has earned for the abode of the owner immediately prior to vacating the property.

§ 9. At the disposal of the properties at the time of the transfer in whole or in part is used for agriculture, horticulture, nursery or Orchard, see. Assessment Act § 33 (1), by the sale of forestry properties, see. Assessment Act section 33 (7) 1. and 2. point, and by the sale of property, which contains one or two independent apartments, where the property both serve or have served to the abode of the owner and substantially used in the course of trade, without prejudice. Assessment Act section 33, paragraph 5, to be the share of the profit, which relates to the farmhouse with adjoining land and garden or ejerboligen, shall not be taken into account. The application of the rule in the 1. item is subject to the condition that the property has earned to the abode of the owner or his household in all or part of the period during which this has owned the property, and where the property has been subject to assessment section 33, paragraph 1, 5 or 7, 1. and 2. paragraph, section 8 (1), (2). paragraph shall apply mutatis mutandis.

(2). The share of the profits, which are not to be included, see. (1) is calculated as the difference between the share of the total cash compensation, which relates to the converted farmhouse with adjoining grounds and gardens or ejerboligen, and the part of the total acquisition of a fixed amount under section 4 (2) or (3) that relate to the farmhouse with adjoining land and garden or ejerboligen.

(3). The share of the profit to be included, is calculated as the difference between, on the one hand, the share of the transfer sum converted pursuant to section 4, paragraph 4, which relates to the portion of the property not covered by paragraphs 1 and 2, and on the other hand, the acquisition cost for the part of the property, which is not covered by paragraphs 1 and 2, measured in accordance with § 4 (2) or (3) and regulated pursuant to section 5 or section 5 (A).

(4). The rules laid down in paragraphs 1 to 3 shall not apply to profits made from the sale of a commercial property, pursuant to section 6 (A), section 6 (C) or section 10 is genanbragt in a property within the scope of paragraphs 1 to 3, if the residential proportion after reapplying is increased and it is not possible to assess the whole of the genanbragte profit by the sale of the business part of the property, in which the profit is genanbragt. The profit generated by the sale of commercial property taxable in the income year in which the property, as the profit is genanbragt in, abandoned. The taxable profit is calculated with the premiums and discounts in accordance with this law, as commercial property had been entitled to if the profits were taxed at the time of the sale of commercial property. If a transfer is covered by 1. point, lapses in the calculation of the taxable income of the profit by the sale of the property, which has been originally placed profits, rebates in this real estate acquisition pursuant to section 6 (A), section 6 (C) or section 10.

(5). Profits made from the sale of a property shall not be counted as taxable income, if 1) there on the property has been built a House that has been significantly damaged, 2) damage is not the result of intent or gross negligence of the owner or persons in the owner's household and 3) profits made from the sale of the farmhouse with adjoining land and garden or residential portion of mixed used property at the time immediately prior to the damage should not be taken into account for the taxable income in accordance with paragraph 1.

(6). The tax exemption provided for in paragraph 5 shall apply only to the portion of a property that is the subject of paragraph 5, no. 3. Paragraph 7. It is a prerequisite for tax-free after paragraph 5, to the whole of the property to be transferred not later than 1 year after the damage has occurred. Customs and tax administration may in exceptional cases derogate from this period.

§ 10. If a tax liability on the occasion of a indtruffen injury at a property not covered by section 8, have received a replacement or insured sum and carry out reconstruction of the injured property, can the taxpayer for that part of the compensation or the amount insured, which is not tax-exempt under section 9, instead of applying the rules in section 4, of the basic regulation. section 2, paragraph 1, apply the rules laid down in paragraphs 2 to 6, where 1) the rebuilt buildings or installations exist on the same property as the injury-hit buildings, see. However, paragraph 5, and 2) reconstruction is done either in the income year in which the damage occurs, or in the next income year, except that the deadline for the revival earliest expires with the income year, which follows almost after it, which damages the sum laid down definitively.

(2). When special circumstances, the time limits laid down in paragraph 1 may be extended with the consent of the Customs and tax administration.

(3). Is the amount used for reconstruction, less than insurance or compensation sum shall be deducted from the amount of the difference in the property's acquisition in the income year in which the damage occurs. However, there may be deducted an amount equal at most to the property's acquisition at the time of the occurrence. An excess amount taxed in the income year in which the reconstruction must be done, see. (1). 2, and paragraph 2. Differential amount that leaving in the depreciable basis or be taxed after depreciation section 24, paragraph 5, does not affect the property's acquisition of the basic regulation. However, section 5, paragraphs 4 to 8.

(4). By the later abandonment of the rebuilt estate can the taxpayer in determining the adjusted acquisition pursuant to section 5 and section 5 (A) only include 1) acquisition costs incurred before the injury, 2) maintenance and enhancement costs incurred before the damage, to the extent that they can be included under section 5, paragraph 2, 3) amount by which the cost of rebuilding might exceed insurance or compensation sum, and 4) the cost of maintenance and improvement of the rebuilt estate to the extent that they can be included under section 5, paragraph 2.

(5). Notwithstanding paragraph 1, no. 1 are not met, the provisions of the rules laid down in paragraphs 2 to 4 apply where 1) an act or a public authority's provision preventing reconstruction is done on the property where the affected goods existed, or 2) the injury has affected one or more commercial properties, which belong to the same owner, and which constitute an operating unit, and the owner wants to carry out reconstruction on another of these properties than the injured party.

(6). The provision in paragraph 5 applies, however, only if the taxpayer within those referred to in paragraph 1, no. 2, and paragraph 2, the time limits shall carry out reconstruction on a second property, which is at least equal to the compensation or the amount insured. The taxpayer must submit notification to that effect together with rebuilding after the income tax return of the year. If the tax authorities concerning the renunciation of an appointment change real estate owner may covet the rule applied, however not later than 3 months following the notification of employment change is received.
(7). Exceed the total costs of a restoration on a second property damages or the amount insured, attributed the excess amount the acquisition cost for the rebuilt building, etc. is done rebuilding on multiple properties, the excess amount shall be allocated to acquisition the totals for these properties after the share of the total cost of reconstruction on the individual properties.

(8). At reconstruction of buildings, etc., on a second property, transferred to this second property of the part of the acquisition cost of the original property that can be assigned to the injured party. Happens on multiple properties, distributed the reconstruction portion of the acquisition cost of the original property that can be assigned to the injured, according to the proportion of the total cost of reconstruction on the individual properties.

(9). Liability and insurance sums relating to the part of the property, which does not serve or have served as a residence for the owner or his/her household, and which are used for the construction of buildings that serve as a residence for the owner or his/her household, regardless of the provisions of paragraph 1 shall be taken into account for the taxable income.

Paragraph 10. If a taxpayer applies the rules laid down in paragraphs 1 to 9 and one or more of the property's buildings are depreciable, the rules in section 24 of the Act at the same time, the depreciation is used.

§ 11. Profit gained upon receipt of a erstatningssum on the occasion of the expropriation shall not be taken into account. The same applies to profits made from the sales to an acquirer, that after the purpose of the acquisition fulfils the conditions laid down in order to expropriate property. Profit gained through the sale pursuant to section 34 of the Act on contaminated soil are included either.

(2). Paragraph 1 shall not apply to the profits made from the sale of a commercial property, after sections 6 (A), 6 (C) or 10 genanbragt in a property are covered by paragraph 1. The profit generated by the sale of commercial property taxable in the income year in which the property, as the profit is genanbragt in, abandoned. The taxable profit is calculated with the premiums and discounts in accordance with this law, as commercial property would have been entitled to if the profits were taxed at the time of the sale of commercial property. If the sale is covered by 1. point, lapses in the calculation of the taxable income of profits made from the sale of the property, which has been originally placed profits, rebates in this real estate acquisition pursuant to section to section 6 (A), 6 (C), or 10. Instead of counting the profit in determining the taxable income after 2. and (3). point can the taxpayer, however, choose to postpone taxation by that reposition the profit in a new property or a modification, addition, or new construction in accordance with the rules in sections 6 (A) or 6 (C).

§ 12. Customs and tax administration may permit the granting of deferred payment of tax on the profit, when circumstances and, in particular, concern for the continuation of a business, therefore, speaks.

(2). Deferment may be granted only if the taxpayer genanskaffer one or more immovable properties for an amount equal to the consideration for the assigned property. It is a condition that both the assigned and the genanskaffede property, or a non-negligible proportion of both properties included in the operation of a business.

(3). Deferral can include the part of the pålignede tax, which after an estimate can be attributed to profit on the assigned property. Such deferral shall be granted only on condition that the taxpayer to provide security for the amount owed and run this after customs and tax administration further determination. Grace amount shall bear interest with an annual interest rate of 1 per cent per annum over the National Bank's discount rate, subject to a minimum of 6 per cent per annum

(4). Genanskaffelsen must be done either in the income year in which profit is established, or in the next income year. When exceptional circumstances justify it, may the deadline be extended at the request of the taxpayer.

§ 13. Refrain, an owner of immovable property that under such conditions, that by later sell-offs is the property owner an additional fee for the property, to be there when this consideration acquired a further statement of the profits for the income year in which the first sale took place. Where, as a result of the new inventory compiled in accordance with the rules in force at the time of the transfer is a taxable profit, this shall be taken into account in determining the taxable income in the year in which the entitlement to the additional remuneration shall become due.

§ 14. (Repealed).

section 14 (A). (repealed).

section 14 (B). (repealed).

§ 15. The law shall enter into force on the day after publication in the Official Gazette. It has effect for transfers that occur on or after 1. July 1982 or later.

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

The Danish Ministry of taxation, the 30. September 2013 P.M.V. Sevan/Lise Bo Nielsen Official notes 1) This legislative decree contains changes to the real estate profit taxation law, adopted in the Danish Folketing years 2007-2008, 2008-2009, 2009-2010, 2010-2011 and 2011-2012. For comments on the date of entry into force and transitional provisions for previously agreed changes to the real estate profit taxation law, reference is made to earlier statutory instruments, most recently lovbekendtgørelse nr. 891 of 17. August 2006.

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