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Announcement Of Law On The Taxation Of Income Of Self-Employed Persons (Corporate Tax Act)

Original Language Title: Bekendtgørelse af lov om indkomstbeskatning af selvstændige erhvervsdrivende (virksomhedsskatteloven)

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Table of Contents
Section I Company Scheobility
Chapter 1 Preliminary provisions
Chapter 2 GI Account
Chapter 2 A Mid-account account
Chapter 3 Importation of values for the taxable person
Chapter 4 Income Statement and Tax Calculation
Chapter 5 Confession, Termination and Reformation
Chapter 6 Deaths
Chapter 7 Competing and levying of enterprise tax
TITLE II Capital recalculation of non-enterprise-enterprise scheme
Chapter 7 a
TITLE II A Special capital cathartic calculation for shares and parties
Chapter 7 b
TITLE II B Exequation scheme for authors and creative artists
Chapter 7 c
TITLE III
Chapter 8 Other provisions
Chapter 9 Entry into force into force

Publication of the low-income tax on self-employed persons (business tax law)

In this case, the income tax of self-employed persons (business tax law) shall be announced, cf. Law Order no. 1075 of 10. September 2007, with the changes resulting from paragraph 13 of Law No 1. 1235 of 24. October 2007, section 7 of the law. 530 of 17. June 2008, section 18 of law no. 462 of 12. June 2009, section 2 of Law No 519 of 12. June 2009, section 19 of the law. 525 of 12. June 2009, section 13 of the law. 724 of 25. June 2010, section 4 of law no. 1380 of 28. December 2011, section 11 of law no. 1382 of 28. December 2011, section 13 of the law. 433 of 16. May 2012 and section 20 of the law. 1354 of 21. December 2012.

The changes resulting from paragraph 9 of Law No 1 792 of 28. June 2013 has the effect of and with the 2014 income year. These amendments are therefore not incorporated into this legislative statement, but it is clear from the notes on which paragraphs are amended by that law.

Section I

Company Scheobility

Chapter 1

Preliminary provisions

§ 1. Taxable persons who operate self-employed activities may apply the company scheme in accordance with the rules laid down in this Title on the income of the company. However, this does not apply if income from the company is capital income in accordance with section 4 (4). 1, no. 9 or 11, in the person tax law. Furthermore, the organization of the company may not be applied to the bankruptcy income, cf. Bankrup Treasuer Section 6.

Paragraph 2. The activities of the shares of shares of the shares of shares of the shares of shares of the shares of shares of the shares of shares of the shares of the shares of the shares of the shares of the shares of the shares of the shares of the shares of the shares of the shares of shares and Convertible bonds covered by the shareholdings tax law, and shares in associations covered by company tax bill. 1, no. EUR 3 and 4, bonds subject to the rules on financial contracts, and shares and investment certificates, etc., when shares and investment certificates and so on are issued by an investment firm, cf. However, the section 19 of the asset tax on Article 19 may be included in the company system.

Paragraph 3. Assets used both for commercial and private purposes shall not be included in the self-employed person. However, the business part of a property is part of a property in which the property value is distributed on the part of the person who earning a living for the taxable person and on the other property. Real estate, as mentioned in property tax tenment section 4, nr. 6-8, is part of the company with that part of the property that does not earn housing for owners. The acquisition sum for rebuilding, improvements, etc. of the business part of such properties is also included in the establishment. Cars, telephones, data communications connections and computers with accessories which are used both for business and private can be included in your business. For the purpose of determining the value of private use of assets forming part of the undertaking, the equal value of the body of the body of the body shall apply mutatis mutable. For cars forming part of the undertaking and are both commercial and private, section 9 C (c) of the body of the body shall be considered. 7, equivalent use.

§ 2. It is a condition for applying the company ' s scheme that the taxable undertaking shall draw up an independent account for the undertaking which meets the requirements of the accounting law, so that the accounting is to be divided up as a result of the accounts ; the overall economy of a business economy (company system) and a private economy.

Paragraph 2. The taxable income must, by submitting a self-income tax return, to indicate whether the company should be applied to the income concerned. The taxable person can change the decision on whether or not the company system should be used. The customs and tax administration shall be subject to the customs and tax administration by 30. June of the second calendar year after the end of the income year. If the taxable person is selected to use the company system, the company scheme must be applied to the whole business throughout the entire income year. In addition, the taxable amount shall indicate the amount of indestanding of the deposits and on account for savings made, cf. ~ § 3 and 10 (4)) 2, as well as capital return and caste, cf. § § 7 and 8.

Paragraph 3. In the case of the taxable number of companies, all undertakings shall be treated as one company in the application of the company ' s organisation.

Paragraph 4. Amouns transferred between the company and the private economy shall be entered separately for each item with effect from the date on which the transfer takes place, cf. however, paragraph 1 5.

Paragraph 5. The transfer of vehicles used for both commercial and private purposes shall be entered in the accounts with effect from the beginning of the income year. Transfer of financial assets and liabilities, deposits and transfers in accordance with section 5, which may be carried out before the time limit for the submission of tax returns, shall be entered in the accounts with effect from the end of the year of the year.

Paragraph 6. The tax minister may lay down detailed rules on the accounts, as well as the form in which the information needed for the tax return is to be given.

Chapter 2

GI Account

§ 3. The transfer of values from the taxable to the establishment shall be regarded as deposits. However, the accounts shall not be entered in the accounts in the accounts of the intermediation account, cf. § 4 a.

Paragraph 2. The income of the taxis shall be collected at the beginning of the financial year in the revenue of the first time the company regime is first used.

Paragraph 3. The income account shall be as the value of deposits in debt deposits, deposits to special accounts in a financial institution, in accordance with section 5, in the investment fund and transferred amounts from the Junk Committee account according to section 22 (b) (b). 8.

Paragraph 4. Deductible property shall be taken into account for the cash purchase price or at the beginning of the income year at the beginning of the year of the year of the year of the year of the year of the year of the year of the year of the year of the year of the year of the year of the year of the year of the year of the year, and rebuilding, improvements, etc., or in cases where there is no real estate value, the value of the commercial value. Lately 1. Oct in advance of the beginning of the income year, with an increase in the rate of purchase for rebuilding, improvements, etc. Exclusively used operating agents and ships covered by the depreciation Chapter 2 of the depreciation Act shall be taken into account ; depreciation-justified balance value at the beginning of the income year, cf. section 5 (5) of the Depreciation Act. 2. Partial business-utilized operating products and ships covered by Chapter 2 of the depreciation Act shall be taken into account for the unwritten amount of the depreciation eligible amount at the beginning of the income year. Negative balance cannot be deduce. Other movable property is taken into account for the value of the commercial value. However, goods which are covered by the Act on the Tax Decision of the Queses and the livestock, as well as livestock, which are subject to the rule of the fiscal treatment of livestock, to the value shall be set up in accordance with the rules laid down in these laws. Other assets are included in the purchase price of tax depreciation deductions. To the extent the purchase price is converted into cash value, this shall be used. Operating funds previously used exclusively for private use and which are to be used fully in commercial terms are considered to be deferred to the commercial value. The company's debt fras to the course value.

Paragraph 5. Influenas shall be collected in accordance with paragraph 1. 2-4 negative and document the taxable obligation that all of the related assets and indebtees are included in the inventory and that the credited debt is commercial, shall be placed in the deposits of the deposit-account to zero.

Paragraph 6. The deposit account is regulated annually at the end of the income year. This Regulation shall be attributed to the deposits of the year, while the transfer to the taxable of non-profit values is deduculated.

Paragraph 7. A taxable, formerly used by the company organization, and which, within the next five incomes, reuses the enterprise system, shall be reused by the inventory of deposits in the deposit of deposits in accordance with paragraph 1. 2 included a possible immovable property to the same value as when the company scheme was last used. Is the property acquired, while the taxable person has applied the company scheme, the property must be taken into account for the cash acquisition sum.

§ 4. The part of the Capital of Capital of Accounts relating to financial assets other than the claims acquired by the sale of goods and services in connection with this (item debtors etc.) shall be deemed to be deferred if it has not been transferred from the enterprise to : the taxable person before the closing date for the submission of tax return.

Paragraph 2. To the extent that the total amount of capital returns shall be limited in accordance with section 7 (2). 1, final points, or paragraph. The second paragraph shall be calculated on the part of the capital return subject to paragraph 1. 1, proportionate. The proportional portion of the limited capital yield is calculated according to the relationship between the value of the financial assets, except for the claims acquired by the sale of goods and services in the context of this (item debtors etc.), and the capital afcaste at the start of the income year.

Chapter 2 A

Mid-account account

§ 4 a. The taxable person may, instead of making deposits after paragraph 3, transfer cash amounts from the private economy to the company scheme, which is entered in the accounts of an uncleaned intermediation account.

Paragraph 2. At the time when the application of the company scheme is started, the accounts cannot be entered in the interim account.

Paragraph 3. The amount or values transferred from the intermediation account to the private economy shall not be considered as a transfer after Section 5 and shall not be counted in the inventory of the taxable income. If, at any time, in the interim account at any time, the amount shall be offset by a transfer after paragraph 5.

Paragraph 4. Operating costs incurred by the taxable amount of private funds may be entered in the accounts in the interim account.

Paragraph 5. Amount transferred to the taxing spouse in accordance with an employee spouse, cf. Section 12 may be placed on the account account taken with effect from the beginning of the income year.

Chapter 3

Importation of values for the taxable person

§ 5. The transfer of values from the company to the taxable person shall be deemed to have been carried out in the following order :

1) Capital returns in accordance with section 7 relating to the preceding income and transferred to the taxable person before the time limit for the submission of tax return.

2) Deposits after deduction of capital return (remaining profits) after paragraph 10 (3). 1 relating to the preceding income and transferred to the taxable person before the time limit for the submission of tax return.

3) Over-rounds in the year in question :

a) Capital returns on section 7, transferred to the taxable person before the deadline for the income tax return for the income year.

b) Deposits after deduction of capital return (remaining profits) after paragraph 10 (3). 1.

4) Accumulat savings.

5) Outstanding in the deposit account.

Paragraph 2. On the transfer of values from the company to the taxable person in addition to the requirements of paragraph 1. Paragraph 11 is applicable.

Paragraph 3. The amount transferred from the company to the taxable to cover the company tax does not fall within the scope of paragraph 1. 1.

Chapter 4

Income Statement and Tax Calculation

§ 6. The company ' s taxable income shall be made up to the general rules of the tax legislation.

Paragraph 2. Deduction for interest expenses, etc., cf. Section 5 of the body of the body and interest revenues shall be allocated by the calculation of the company ' s income over the period during which interest rates are to be spent on interest receipts.

Paragraph 3. Where a lease is transferred from the company ' s company ' s system of taxable income, the income of the undertaking ' s taxable income for the last income is included in the company scheme, the amount by which they were paid by the transfer ; lease benefits exceed the difference between the commercial value of the car at the conclusion of the lease agreement and the car's commercial value of the transfer. The transfer of a leased vehicle from the company regime to the taxable person shall be considered as having been taken from the beginning of the income year.

§ 7. Capital returns are calculated as the caste at times the dock rate. The capital base base shall be rebuilt after section 8 and the capital of capital according to section 9. If the projected capital returns are negative, the capital yield will be disregarded. The Capital of the Fund may not exceed the annual taxable profit of the year, cf. here at § 12, last furtive.

Paragraph 2. Includes the company's financial period shorter or longer than 12 months, a proportionate capital return is calculated corresponding to the number of the whole months of the financial period.

§ 8. The company ' s decostbase shall be made up by the start of the income year as the company ' s assets with deduction of debt, amounts set aside in sections 4 and 10 (4). 1, in an interim account, in accordance with section 4 (a) and amounts transferred from the company scheme to the private economy, with effect from the beginning of the income year. However, at the time of the establishment of a new establishment, the decostbase shall be established at the time of the establishment

Paragraph 2. Real estate is taken into account for the cash purchase fee. Is the property acquired before 1. In January 1987, the taxable person may instead choose to apply the value at 18. alm. in respect of other assets, the provisions of section 3 (2) shall be considered as a supplement to the scope of the rebuilding, improvements, etc. for other assets. 4, 2. -8. ptangle, equivalent use. The inventory is deduction from the company's debt to the value of the courier.

§ 9. 1) The rate referred to in section 7 shall be made up once a year. The rate shall be calculated on the basis of a simple average of the discredited discards of the Danish National Bank for non-financial undertakings in the first six months of the year for the income year corresponding to the calendar year. The monthly discharges of the monthly discharges of non-financial undertakings shall be made in accordance with the provisions of the European Central Bank (EC) No 2020/20. 63/2002 of 20. December 2001 concerning statistics on the interest of the financial institutions, on the loans from and lending to households and non-financial companies (ECB/2001/18). The monthly discarded monthly rate of discharges on non-financial undertakings is calculated as a weighted average of the effective interest rate for the outstanding loan mass, with two decimal places. The simple average, cf. 2. pkt., shall be done with one decimal place. The rate shall be reduced by 2 percentage points and then to be reduced to the nearest whole percentage. The rate can not be less than 0%.

§ 10. The taxable profit of the company, with deduction of capital returns after section 7, transferred to the taxable income, shall be taken into account in the personal income of the taxable income in the income from which the proceeds are transferred to the taxable. Survivials may be transferred to the taxable with effect for the income year if it has been transferred prior to the deadline for the submission of tax return for the income year. If the conditions under which the tax administration is to be changed after the tax administration laws section 26 and 27 are met, the taxable duty after the deadline for the submission of tax return is to amend the decision on the transfer of profits. The change may not exceed the amount corresponding to the function of employment.

Paragraph 2. 2) Deposits after paragraph 1. 1 that is not transferred to the taxable in the income year of the income year, shall be taxed for a time in the income year of a business tax calculated by the section 17 (s) of the corporation tax budget. 1% for that product concerned. Overhead tax deduction is included in the company's savings account.

Paragraph 3. Amounts transferred from the company ' s savings account shall be taken into account in addition to the personal income tax of the taxman for the taxable amount. For the purposes of calculating the revenue of revenue from the savings account, the income tax deductibility shall be deducted from the taxable end tax of the taxable tax, with respect to the remainder of any transferred tax, etc., which cannot be carried out ; spatial in the final tax and so on shall be paid in cash, cf. however, paragraph 1 4.

Paragraph 4. Take account of the company ' s savings account according to the rule in section 33 C (c) of the source tax. 5, or the Article 39 (5) of the death penalty tax. 2, a remainder of corporate tax shall be deducible in a pre-tax and so on, where the taxable person is married and conjugate with the spouse at the end of that income. Company tax, which is then refurbible, shall be transferred to the deduction in the calculated end tax and so on in the following revenue.

Paragraph 5. The transfer of amounts from the company ' s account for savings made in accordance with the rules laid down in paragraph 1. 3 shall be considered to be the earliest surplus which has been transferred first.

§ 11. Where the balance of the deposit account is negative at the time when the application of the company scheme is initiated, or for subsequent incomes at the beginning of the income year, or the balance of the deposit account is negative at the end of the income year, the balance shall be calculated ; interest rate correction. The rate of interest shall be calculated by an amount corresponding to the decoy rate according to section 9 multiplied by the number-point largest negative balance of the deposit account at the time when the application of the company scheme is started, or, for subsequent revenue, at the beginning of the income year at the end of the income year. However, the amount may not be more than the caste rate, after paragraph 9, multiplied by the most negative afcastas at the time when the application of the company regime is started, or the income from the income of the income year respectively, respectively ; at the end of the year. In addition, the amount of the undertaking may not be more than the company ' s net cost of exchange rate and reduced rates of exchange rates, which are taxable in accordance with the exchange rate law.

Paragraph 2. Where values are transferred to the taxable in accordance with section 5 and in the same income deposits shall be made in accordance with section 3 (3). 1, the interest rate shall be calculated. The rate of interest shall be calculated by an amount corresponding to the capital of the caste, after section 9 multiplied by values, as referred to in section 5 (5). 1, no. 5, and paragraph 1. However, the amount may not exceed the rate of the crop multiplied by the deposit after paragraph 3 (3). 1.

Paragraph 3. The total interest rate repayment after paragraph 1. 1 and 2 shall be taken into account in the personal income and dedudient from the capital income for the income concerned.

§ 12. Taxation of excess amounts of an employee ' s spouse in accordance with the rules of section 25 A (a) of the source tax. 3-5, only in the income of the profit is where profits have been made. The amount shall be taken into account in the person ' s own personal income. Capital returns in accordance with section 7 may not exceed profit after deduction of the amount transferred to taxation with the employee spouse.

§ 13. Deposits in the organization of the organization may be offset by any surplus surplus which, in addition to the company income tax, is included in the inventory of the income of the company. The savings account in the savings account shall be reduced by an amount equal to the deficit of deduction of the company tax added after 1. Act. The tax of the taxable tax, etc., shall be paid in cash according to the rule in section 10 (4), and in accordance with the rules laid down in Article 10 (2). 3, or transferred or carried out in accordance with the rule in section 10 (1). 4.

Paragraph 2. Deposits which cannot be spatived in savings are deducred from positive capital income. If the taxable married and conjured with the spouse of the income of the income year is to be deducted, the deficit shall be deducted from an amount equal to the overall positive capital income of the spouses, regardless of whether the capital income of the taxpayer is then negative.

Paragraph 3. Deposits which cannot be spaced in the income referred to in paragraph 1. 2, deducted from the personal income of the taxed shall be deducted, regardless of whether this will be negative.

Paragraph 4. Amount that are offset by capital income and personal income in accordance with paragraph 1. 2 and 3 shall also be deducitable from the taxable income. This applies, regardless of whether the taxable income is subsequently negative.

§ 14. (The case).

Chapter 5

Confession, Termination and Reformation

§ 15. Determines the taxable undertaking or end the taxable undertaking by operating self-employment, to be counted as an account for savings paid in Appendix to the personal income of the company for the personal income ; the same income, cf. ~ 10 (1)) 3. Maintaining the financial breakdown of the entire economy of the taxable economy in a business economy and a private economy after paragraph 2 (2). 1, in the whole of the income in which the abstention or termination is carried out, the company ' s scheme may be used for and with the expiry of the income year. In that case, the sales sum shall be included in the company scheme. Outstanding of the savings account shall be paid for the end of the income year in addition to the amount of revenue collected for this purpose shall be taken into account for the personal income of the following revenue.

Paragraph 2. If the taxable person retakes or comments upon the expiry of the following revenue, the taxable person may use the organization of the enterprise system without termination. This is a precondition for the fact that the financial breakdown of the entire economy of the taxable economy is in a business economy and a private economy after paragraph 2 (2). 1, maintained throughout the period.

Paragraph 3. The taxable one of several undertakings, a company which is separated from the existing undertaking or an ideal share of a company, shall enter the sum of the business scheme. The profit and loss account shall be taken together for the entire income year of both the business and the remaining business.

§ 15 a. The undertaking referred to in section 15 (3) shall be : 3, the taxable, with effect from the beginning of the sales year, may choose to transfer an amount equal to the cash net payment from the deposit account to the intermediate account without first being raised in accordance with section 5 (5). 1. The cash net payment shall be calculated as the amount by which the cash value of the sales sum for the assets transferred exceeds the cash value of debt overtaken by the new owner. Debt, which is founded on the transfer, is not considered to be debt being taken over by the new owner.

Paragraph 2. Where applicable, the amount shall be transferred to the account in accordance with paragraph 1. 1, the taxable income of the same income shall include a proportionate part of the indecent surpluses account for the expiry of the income year prior to the marketing year in addition to the amount of business tax payable to the person responsible for the personal income, cf. ~ 10 (1)) 3. The proportion of the savings made shall be calculated according to the ratio between the transferred amount and the capital caste at the end of the income year preceding the marketing year. In the case of a transfer of the proportions of the savings made in paragraph 5, the order in section 5 shall not apply. Transfer an amount to the intermediation account in accordance with paragraph 1. In the case of the same income, an amount equal to the undertaking ' s taxable profits may be reduced by deduction of a proportionate proportion of this product. 2. Act. shall apply by analog;

Paragraph 3. Paraganes 1 and 2 shall apply mutatis muted to where the taxable person ceaseless to operate one of several commercial undertakings without the establishment of the undertaking. Instead of the cash net payment, the part of the Capital of Capital shall be used for the end of the income year prior to the termination year after the ratio between the value of the assets in the on-going business at the end of the income year prior to : the termination of the hearing officer and all the assets of the assets of the undertaking may be placed on the premises of the undertaking. For the calculation of the proportionate share, be disregarded from financial assets.

§ 15 b. If the taxable person is to be used to use the company ' s organisation, account must be taken of the savings account paid in Appendix to the company ' s income tax to be included in the personal income, cf. ~ 10 (1)) 3, in the income year after that income, where the taxable person has used the company scheme at the latest.

Paragraph 2. If the taxable person is to be used to apply the company scheme, because income is going to be bankrupt, the corporate tax of indebted profits will finally be made available. In that case, paragraph shall be : Paragraph 1 shall not apply.

§ 15 c. Obligations of tax on the basis of the source treasury section of Article 1 or be the taxable resident of a foreign state, the Faroe Islands or Greenland, in accordance with the provisions of a double-taxation agreement, shall be deposited in the account of the savings made in excess of the company tax to which the company tax is included is calculated for personal income, cf. ~ 10 (1)) 3, because the income from which the tax is to be discontinued or the location of the tax base shall be moved. This does not apply, however, to the extent to which the taxable person continues to be taxable according to the section 1 or 2 of the Treasuer, section 1 or 2, with regard to the establishment of a firm operating facility in this country. ~ 15 a (a) (a) The same applies shall apply where the taxable person ceaseless to be taxable in this country by a foreign state, on the Faroes or Greenland, shall apply. Instead of the cash net payment, the part of the Capital of Capital shall be used for the expiry of the income year prior to the termination of the income year after the ratio between the value of the assets of the said undertaking at the end of the income year prior to the termination of the year ; and all assets deposits into the enterprise system may be referred to the said establishment. For the calculation of the proportionate share, be disregarded from financial assets.

Paragraph 2. Discover the tax obligation according to section 2 of the source tax and section 2 for business operations, the provision shall be applied in paragraph 1. ONE, ONE. Act.

§ 16. In order to convert the undertaking to the company, after the low-income tax-free enterprise, the tax value of assets and liabilities may be reduced by the calculation of the assets and liabilities in the calculation of section 4 of the company conversion law. If the stock price has been reduced, the corporate tax will finally be the same. If stock options are not reduced, the stock price shall not be included in the savings account to be paid in Appendix to the company ' s income tax to the individual ' s personal income, cf. ~ 10 (1)) 3, in the transformation wound.

Paragraph 2. If the deposit account is obtained in accordance with section 3, it is a condition to be able to convert the company into the company after the tax-free enterprise, that the taxable person before conversion transfers an amount of money to the establishment, which makes the deposits on the deposit account will be zero or positive, cf. however, section 2 (2). Four, in the area of tax-free enterprise-forming. The equation of the deposit account shall be carried out during the period from the end of the income year prior to the conversion wound to the conversion of the revenue wound to the conversion. The amount shall be deemed to have been deposited in the deposit account having an impact from the expiry of the income year prior to the conversion wound.

§ 16 a. For tax-free enterprise, where not all assets and liabilities in the company scheme are transferred to the company, the remuneration of the business scheme is included in the company scheme. The stock of the transfered shares shall be deemed to have been transferred from the company scheme to the private economy at the start of the conversion wound.

Paragraph 2. With effect from the beginning of the transformation, an amount corresponding to the cash value of the remuneration for the business, cf. the laws on the tax-free enterprise section 2 (2). 1, no. 3, from the deposit account to the intermediation account, without first being raised in accordance with section 5 (5). 1.

Paragraph 3. The asset ' s acquisition sum may be reduced by a proportion of the deposits held in the savings account at the end of the income year prior to the conversion wound. This proportion shall be calculated as the ratio between the part of the Capital of Capital of Castas at the end of the income year prior to the conversion wound, which may be attributed to the business, and the whole capital of capital at the end of the income year preceding it ; The transforming wound. If the stock price for the stock is not reduced, the proportion of the deposits of deposits shall not be taken into account for the savings made in excess of the amount of business income corresponding to the personal income of the company, cf. ~ 10 (1)) 3, in the transformation wound.

Paragraph 4. If the deposit account is obtained in accordance with section 3, it is a condition to be able to convert the company into the company after the tax-free enterprise, that the taxable person before conversion transfers an amount of money to the establishment, which makes the deposits on the deposit account will be zero or positive, cf. however, section 2 (2). Four, in the area of tax-free enterprise-forming. The equation of the deposit account shall be carried out during the period from the end of the income year prior to the conversion wound to the conversion of the revenue wound to the conversion. The amount shall be deemed to have been deposited in the deposit account having an impact from the expiry of the income year prior to the conversion wound.

§ 16 b. If the taxable undertaking in the context of tax-free enterprise, where not all the assets and liabilities in the enterprise system is transferred to the company, ceaseling to operate self-employment, shall be considered as not being transferred to the company ; to be transferred from the undertaking to the private economy with effect from the end of the year prior to the conversion wound.

§ 16 c. If the taxable undertaking in the tax-free enterprise net by net deposits debt from the private economy of the company is considered to be the private debt equivalent to the transfer from the company scheme to the private economy, with effect from : Expired by the year before the conversion wound.

Chapter 6

Deaths

§ 17. (The case).

§ 18. (The case).

§ 19. (The case).

20. (The case).

Chapter 7

Competing and levying of enterprise tax

§ 21. Taxation shall be imposed and collected by the taxable in accordance with the rules laid down in Section V of the tax on income tax and so on.

Paragraph 2. Of the provisional tax revenue paid during the income year, the company tax shall be deemed to be paid in advance of other taxes and charges.

§ 22. The rules relating to the liability and recovery of taxes shall apply by the source tax rules in Title VII on liability and recovery of taxes applicable to amounts to be paid in enterprise tax.

TITLE II

Capital recalculation of non-enterprise-enterprise scheme

Chapter 7 a

§ 22 a. Taxable persons who operate self-employed activities may, instead of using the company scheme, in accordance with paragraph I choose to calculate a capital return on commercial assets in accordance with the rules laid down in this Title. The capital return is in the personal income and will be added to the capital income. Section 2 (2). 2, 1. 3. pkt., and paragraph. 6 shall apply mutatis mutis.

Paragraph 2. The capital yield shall be calculated as the basis of the caste of paragraph 1. 5-7 multiplied by the drop rate by section 9. If the period in which the taxable undertaking operates self-employment, shorter or longer than 12 months, is calculated proportionately, corresponding to the number of whole months, the period shall be the period.

Paragraph 3. The capital yield cannot exceed the maximum number of numerical values of the following amounts :

1) positive personal net income from self-employment, cf. categories of persons in category 3, or

2) negative net accommodation income, cf. personal tax havens section 4. The net income income shall be discharged from capital returns after this provision and negative capital income covered by the rules laid down in Section 4 (4) of the person concerned. 1, no. 9 and 11.

Paragraph 4. In the case of the income of the income of the income of the income of the year, the capital yield shall be made on the basis of the total commercial assets of the spouses and the total income referred to in paragraph 1. 3. The resulting capital returns from the personal income and will be added to the capital income of the spouse who runs the business, cf. the section 25 A, paragraph of the source tax. In the case of the spouses, the spouses shall be divided between spouses according to the value of the professional assets of each married undertaking. If the company ' s spouse is set aside, the calculation of capital returns on the calculation of assets and income related to this company and the personal income shall be reduced and the capital income is increased to the sole of the income of the individual income ; taxable.

Paragraph 5. The capital afcaste base shall be established at the beginning of the income year as the value of assets used exclusively for commercial purposes, cf. however, paragraph 1 Six and seven. However, in the case of establishment as self-employed persons, the Capital of Capital of Capital shall be established at the time of the establishment § 8 (3) 2, 1. 3. pkt; shall apply mutatis muctis.

Paragraph 6. Assets used for both professional and private purposes and may be included in the company system in accordance with section 1 (2). 3, 1. -5. points shall be taken into account by the inventory of the capital of the caste as laid down in paragraph 1. 5 with the proportionate value of the asset corresponding to the professional use.

Paragraph 7. The Capital of Capital of the Basis shall be based upon paragraph 5 do not form assets from a company where the income tax is taxed according to section 4 (4) of the person 1, no. 9 or 11, or where the income is bankruptcy income after bankruptcy tax, section 6. Similarly, cash amounts shall be valid, other than the creditors acquired by the sale of goods and services under this Regulation (goods debtors etc.), shares or other financial assets other than share in associations, corporate tax havens in section 1 (1). 1, no. 3 and 4. Ongoing work for foreign expense is included solely with the net value. The value of ongoing work for foreign expense, stock and debt receivable by the sale of goods and services in the context of this (item debtors etc.) is included solely to the extent that this value exceeds the value of debt incurred in the purchase of goods ; goods and services in the context of this (item creditors, etc.).

§ 22 b. 2) Taxable persons who are using section 22 a can make a recommendation to the Junk Committee. The deduction may be deduct from the deduction of the income of the taxable income for which the provision is made (the henchdown year). The execution may not exceed 25%. by the profit of self-employed activities in the execution year, in accordance with the rules for the specification of taxable income, with a supplement to the costs and debts of debts and debts and the deductions of interest and profit-making income ; and debt recovery of debts and debts which are included in the inventory of this surplus. The execution shall at least amount to DKK 5 000. No provision should be made for the revenue to be provided for which provision is made, in accordance with the provisions of the revenue. paragraph Four, seven and eight.

Paragraph 2. 2) The taxable tax must pay a tax on the tax on the tax burden on the company tax bill in section 17 (1). 1, mentioned the percentage of the execution. sections 21 and 22 shall apply mutatis mutis.

Paragraph 3. Deduction in accordance with paragraph Paragraph 1 shall be subject to the payment of the payments made after deduction of the amount of cash in the country of a financial institution authorised by the Financial Authority to operate the institution of financial institution, or in a foreign credit institutions which, in accordance with the consent of a country within the European Communities or by a country to which the Community has concluded cooperation, carries out activities in this country through a branch, cf. ~ 30 (5)) 1, 4, 5, 9 and 10, in the law of financial activities. The amount shall be inserted in the account following the expiry date of the execution, but before the closing date for the submission of sellevantion for the admittance wound. The account shall be referred to as the conjunktuite account and shall bear the endorsement of the name, address, social security number and the undertaking ' s financial year and the year for the execution. The account must be a cash-in-interest deposit account and cannot be a win-win account.

Paragraph 4. An execution is included in the personal income of the taxable income for the income from which the revenue is raised. The income may be stained with effect on the income year if it is lifted before the deadline for the submission of tax return for the income year. The income may be lifted after the expiry of the entry wound and shall be raised at the latest by the 10th year. revenue shall be received after the expiry of the entry wound. The PengeInstitute cannot pay the amount from the account until 3 months from the postponement of the amount concerned. If a taxable commitment has been carried out on a number of incomes, the execution for a given income is only to be repaid when previous executions are fully receipts. If the taxable income does not take the revenues before it is in 3. Act. the 10-year limit shall be included in the personal income of the taxable person for the 10 year. revenue shall be received after the expiry of the entry wound.

Paragraph 5. In the case of the tax calculation for the income in which the revenues are entered, it is deducted from the tax rate of duty in the final tax of the taxable tax, with respect to the return tax, where appropriate, of the tax return tax, which cannot be transferred ; spatial in the final tax and so on shall be paid in cash, cf. however, paragraph 1 6.

Paragraph 6. Take account of the account for the economic outlook according to the rule in section 33 C (c) of the source tax. 6, or the Danish Tax Code, section 39 (3). 3, a remainder of corporate tax shall be deducible from a spouse, and so on, where the taxable person is married and conjugted with the spouse at the end of the income concerned. Company tax, which is then refurbible, shall be transferred to the deduction in the calculated end tax and so on in the following revenue.

Paragraph 7. In the case of income, the personal income from self-employment by self-employed person before deduction after paragraph is taken. 1 and after deduction of capital returns is negative, revenue is carried out corresponding to the deficit.

Paragraph 8. Where the taxable person ceases to use the capital of the caste scheme, the provisions for refereals shall be carried out with effect on the latest income, where the taxable person has used the capital of the caste scheme, cf. Four. Act. The same applies to the income in which bankruptcy law is discredited by the taxable person. The entries shall not be taken into account for the bankruptcy of the insolvency proceedings. Where the taxable person in connection with the use of the capital of capital is transferred to the application of the company ' s scheme, the amount shall be deemed to have been held account for the savings account held in the account of savings made. Where the taxable person ceases to be taxable in this country according to the provisions of the source tax, in a foreign state, the Faroe Islands or Greenland, in accordance with the provisions of a double-taxation agreement, the country shall : the provisions shall be taken into account for the personal income of the income in which the tax obligation ceaves to be received. This does not apply, however, to the extent to which the taxable person continues to be taxable according to the section 1 or 2 of the Treasuer, section 1 or 2, with regard to the establishment of a firm operating facility in this country. Discover the tax obligation according to the section 2 of the source tax and section 2 in relation to business operations, the provision shall be used in 5. Act.

Niner. 9. The Account holder may not delegate, pawler or otherwise have at the time of a conjuncture account deposited in accordance with the amount of the economic outlet. however, the section 33 C (s) of the source shall be cecedown. 6. The grants are also not subject to legal proceedings.

Paragraph 10. Interesters attributed to account for cyclical forecast must be lifted from the account before deposits can be lifted. Interest rates may be stained in accordance with the rules laid down by the financial institution.

Paragraph 11. Accounting year accounts shall be drawn up in such a way as to establish that they contain the postings necessary for the checks carried out for the purposes of the cyclical outlet and in the case of cash deposits and with a head wound. The tax minister may lay down the detailed rules on this, as well as the involvement of the financial institutions in the scheme and in the supervision of the accounts of the economic outlook created in the financial institutions. The tax minister may, moreover, lay down detailed rules for the implementation of the Junk Committee.

TITLE II A

Special capital cathartic calculation for shares and parties

Chapter 7 b

§ 22 c. Taxable persons who acquire shares or parties in a company may choose to calculate a capital return on the holdings or parties in accordance with the rules laid down in this Title, provided that they are laid down in paragraph 1. 2 established conditions all have been met. The capital return is in the personal income and will be added to the capital income.

Paragraph 2. In order to apply the scheme in paragraph 1. 1 the following conditions must be fulfilled :

1) The taxable person shall be subject to full tax on the basis of the rules of a double-taxation agreement in accordance with the rules of a double-taxation agreement.

2) The cash-calculated remuneration paid by the taxable person for the shares or the parties exceeds a $627 000 DKK $627. (2010-level). The basis of the basic amount is adjusted according to the Danish tax havens.

3a) The taxable person shall own at least 25%. of the stock or capital chapter of the company or at its disposal more than 50%. of the voice value, or

3b) the taxable person, together with other servants, shall own at least 25%. of the stock or capital chapter of the company or at its disposal more than 50%. of the voice value, cf. however, paragraph 1 This is a condition that none of the employed shareholders or the Analogues have more than 50%. of the voting value in the company. In determining whether a shareholder or the part shaver is subject to 2. pkt., find the asset tax on the section 4 (4) of the stock market. 2, similar application.

4) The shares or the parties must be in a company whose company during the period in which the scheme is used does not largely consist of deposits of immovable property, possession of cash, securities or other similar cases. Abduction of immovable property used for agriculture, gardenneri, nursery, fruit orchard or forestry, cf. section 33 (3) of the assessment. In this context, 1 or 7 is not considered to be an establishment by the rental of real estate. 1. Act. , however, shall not apply where the company is sustenance in the purchase and sale of securities or financing activities. The company ' s activities shall be considered to be largely in the rental of property, possession of cash, transferable securities or the like, if at least 50% of the goods. ' income ' means the net revenue resulting from the sum of the company ' s other accounts receipts in an income derived from such activity, or the commercial value of the company ' s rental operations, cash, securities or similar forms shall be at least 50%. by the commercial value of the total assets of the company, the end of the income year. The possession of the shares covered by the asset tax on the part 18 shall not be considered as the possession of transferable securities. The yield and the value of shares in subsidiaries in which the company directly or indirectly owns at least 25%. the share capital of the stock or the capital chapter shall not be taken into account. Instead, a proportion of the income and assets of the subsidiary shall be included in the assessment. On the assessment, the income of a fixed property between the company and a subsidiary or between two subsidiaries shall be disregarded. Real Estate, which is rented between the company and a subsidiary or between subsidiaries and used by the tenant in operations, is considered not to be a rental or rental service.

5) The shares or the parties are not covered by Section 19 of the asset tax on the stock.

6) The shares or the parties are not acquired in the context of the transformation of a personal-owned enterprise, in the case of tax-free enterprise, within the framework of a tax-free stock exchange within the area of the acutation tax law or in connection with the use of establishment account deposits, in accordance with the law on deposits at establishment account.

7) The taxable person has owned the shares or the parties for less than 11 years.

Paragraph 3. In the calculation of the stock or capital chapter of a company in accordance with paragraph 1, 2, no. 3 a and 3 (b) shall be suspended from the company ' s holdings of own shares or parties. Convenance bonds shall not be included in the decision to determine whether the taxable person referred to in paragraph 1 is not included. 2, no. 3 a, or the staff referred to in paragraph 1. 2, no. 3 b, an owner of at least 25%. of the stock or capital chapter of the company or at its disposal more than 50%. of the voting value.

Paragraph 4. In the calculation of the stock or the capital chapter referred to in paragraph 1. 2, no. 3 (b) shall be suspended from shares or parties owned by employees of shareholders or parties who own at least 25%. of the stock or capital chapter of the company. By the decision after 1. Act. the section 4 (4) of the asset shall be subject to the provisions of Article 4. 2, similar application.

Paragraph 5. The capital yield shall be calculated as the basis of the caste of paragraph 1. 6 multiplied by the drop-off rate, after section 9. In the income in which the taxable person acquires or resides the assets or parties, a proportionate capital return shall be calculated corresponding to the entire number of months the taxable person has owned the shares or the parties to. The same applies to the income in question where the conditions laid down in paragraph 1 shall apply. Two is no longer fulfilled.

Paragraph 6. The capital base base shall be calculated at the start of the income year as the purchase price of the shares of shares or parties. In the event of the acquisition of shares or parties during the income year, the total acquisition sum shall be the sum up of the limit laid down in paragraph 1. 2, no. 2, do the capital castbase used for the calculation of the proportions of capital returns after paragraph 1 shall be made. 5, as the total purchase price of the shares of the shares or the parties concerned after the acquisition. Regardless of whether the taxable person pursuant to the provisions of Article 34 and 35 of the asset ' s tax office is entered into the tax position of the transferee, the capital affidac shall be set up as the cash-calculated remuneration paid by the taxable person for shares or the parties.

Paragraph 7. The taxable shall be made by the income of a income for an income to indicate whether the person referred to in paragraph 1 shall be as provided for in paragraph 1. Paragraph 1 shall be applied to the said product concerned. The taxable person can convert the decision on whether to apply the scheme or not. The customs and tax administration shall be subject to the customs and tax administration by 30. June of the second calendar year after the end of the income year. The tax minister may lay down detailed rules on the form in which the information to be used for the tax return shall be given.

TITLE II B

Exequation scheme for authors and creative artists

Chapter 7 c

§ 22 d. Taxable persons who have the income of one of the taxable work of literary or artistic work and which do not apply the organization of the enterprise scheme in paragraph I or the Junk Committee in section 22 (b) may make : Income for income equations. Work must not be carried out in employment conditions. The income must not be derived from scholarships, scholarships or similar. The non-income tax may not exceed the income of the income as referred to in 1. Act. following a possible relaxation of the section 7 O, paragraph of the body of the body. 1, no. 4, may deduct the deduction of the income of the taxable income for which such an action is taken (the henchman wound). Determination may be made if the income of the income year after deduction income year after deduction will exceed a basic amount of $176.400. (2010-level). The execution shall at least amount to DKK 5 000. and may not exceed a maximum amount of 587.800 kr. (2010-level) per income.

Paragraph 2. The rules in section 22 b, paragraph 1. 2-5 and paragraph 1. 8, 5. 7. pkt., and paragraph. The corresponding use of the account shall be equivalent to the corresponding revenue account, and the total deposits in the account may not exceed the maximum amount of 587.800 DKK. (2010-level).

Paragraph 3. In the case of the claims of bankruptcy for the taxable person, the provisions for refereations must be made available to the income in which the taxable person is discredited. The entries shall not be taken into account for the bankruptcy of the insolvency proceedings.

Paragraph 4. The basic amounts referred to in paragraph 1. 1 and 2 are adjusted according to the Danish tax havens section 20.

TITLE III

Chapter 8

Other provisions

-23. The tax minister can lay down detailed rules for the implementation and administration of this law.

§ 23 a. The taxable person may choose to add to a maximum of 46,000 DKK. (2010 levels) of capital returns, which are transferred in accordance with section 5 (2). 1, no. 3 (a), or calculated according to section 22 a, to the personal income. The basis of the basic amount is adjusted according to the Danish tax havens.

Paragraph 2. Is the taxable toxin and uses the spouses in the source of the source treasury section 25 A, paragraph 1. 8, each of the spouses may apply the rules laid down in paragraph 1. 1.

Chapter 9

Entry into force into force

§ 24. The law has an effect on the income of 1987.

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

Tax Exterior, the 18th. September 2013

P.M.V.
Jens Rochner

-Lise Bo Nielsen

Official notes

1) Company tax relief, section 9, 2. -4. pkton, as written by law no. 1354 of 21. December 2012 will take effect from the year 2013. If the 2013 rate of income is 2013 started before 1. In January 2013, the 2013 income of the income of the year 2013 may be selected for the income year 2012 by 2012, which shall be selected for the income of the year 2012 or the capital of the capital of capital, which shall be fixed after 3. -5. Act. The rate shall be calculated on the basis of a simple average, with two decimal places by one of Nasdaq OMX Copenhagen A/S on a daily basis for the first three months of the income corresponding to the year corresponding to the calendar year. The effective bond interest rate is to be done with two decimals for solid chronic bearer bonds in open series available for trade at Nasdaq OMX Copenhagen A/S, except for index-regulated bonds. The rate shall be the calculated average net total for the nearest whole number of percentage points.

2) Section 9 of Law No 792 of 28. June 2013 changes in the section 10 of the company tax budget. TWO, ONE. pkt., section 22 (b) (b) ONE, THREE. pkt., and section 22 b (s). TWO, ONE. pkt., and repeal section 22 b (s). ONE, SIX. Act. The changes have taken effect from the 2014 income year.