Notice Of Property Value Tax Act

Original Language Title: Bekendtgørelse af ejendomsværdiskatteloven

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Notice of property value tax act

Property value tax act is hereby promulgated, see. lovbekendtgørelse nr. 912 of 22. August 2008, with the changes imposed by section 11 of Act No. 1587 by 20. December 20061), article 1 of law No. 1340 by 19. December 2008, section 14 of law No. 521 of 12. June 2009, section 5 of law No. 1278 of 16. December 2009 and section 9 of Act No. 221 of 21. March 2011.

§ 1. Of housing value of own property as referred to in section 4 shall pay the owner property value tax to the State in accordance with this law in place of the taxes on the rental value of the property in own property after State Tax Act section 4 (b), 2. Item Properties, which are rented out professionally, however, are not covered by this law.

(2). Property value cat not included in taxable income.

(3). If a spouse, heir or legatee under the shift of a deceased estate, inhabit a property or using a holiday home, for which the deceased has been taxed in accordance with this law, the spouse, the heir or legatee shall be treated as the owner of the property.

§ 2. Property value cat rests with persons who own real property as referred to in § 4 located in Denmark. For persons subject to the withholding tax liability § 1 includes also properties located abroad, in the Faroe Islands or to Greenland. Is such a person after a signed double taxation treaty resident in a foreign State, on the Faroe Islands or to Greenland, the latter, however, only pay the tax of real estate located in Denmark. Persons covered by section 3 of the Act are exempted from withholding tax property value cat.

§ 3. Property value the cat for a real estate is calculated as the base after § § 4 (a) and 4 (b), multiplied by the value of the property tax rate in accordance with § 5 with deductions for Lunar amount after §§ 6-8 limited in accordance with §§ 9, 9 a and 9 b and with the Appendix under section 10 as well as with impacts after §§ 11 and 12.

§ 4. Property value cat includes: 1) Properties, which contains only one independent apartment.

2) Tofamiliesejendomme, for which the property value after evaluation § 33, paragraph 6, 1. and 2. paragraph, to be allocated to the property's two independent apartments.

3 Room House for agricultural properties, etc.) with associated ground and garden, for which property value and land after the assessment section 33, paragraph 4, shall be distributed at the property's farmhouse, etc. and on the other property.

4) Forestry properties for which the property value after evaluation § 33, paragraph 7, 1. and 2. paragraph shall be allocated on the part of the property, that serves to the abode of the owner, and on the other property.

5) Property, which contains one or two independent apartments, and which substantially used in the course of trade, so that the property value after evaluation § 33, paragraph 5, 1. and 2. paragraph, to be allocated to the part that serves to the abode of the owner, and, on the other part of the property.

6) an apartment, to which one or more owners inhabit in a rental property with 3 to 6 residential apartments, of which a maximum of one apartment is inhabited by one or more owners. However, it is a condition that the owner is requesting an assessment under the assessment Act section 33 (A) of the inhabited apartment no later than the filing of a tax return for the first income year in which the requirements referred to in 1. paragraph are fulfilled in relation to that owner. It is furthermore a condition that the owner not later than 1 January 2006. October in the year in which the assessment is available, gives the Customs and tax administration announcement that it inhabited apartment must be covered by this law. The selections include both the relevant income year as later income year. Similarly for properties acquired in the tax year 1999 or earlier income year, if the owner has had the property pass to the standardized calculation, see lejeværdi. equation section 15 (C) of the basic regulation. lovbekendtgørelse nr. 819 of 3. November 1997.

7) Apartments inhabited by one or more owners of rental properties with 3 to 6 residential apartments, where more than one occasion the 27. April 1994 was inhabited by the owners. However, it is a condition that the property in the tax year 1999 was subject to a standardized lejeværdi calculation in accordance with the rules of the Act, as amended by the equation lovbekendtgørelse nr. 819 of 3. November 1997, including that which is made an assessment under the assessment Act § 33 a. 1. paragraph shall apply only for the number of homes on the 27th. April 1994 was inhabited by an owner. If an apartment vacated by an owner in more than two years, this apartment is no longer included in the number of apartments, of which 1. paragraph shall apply.

8 Apartments in properties for year-round habitation), which contains more than two residential apartments, and owned and inhabited by the participants in a co-ownership, a residential public housing, a housing limited partnership or another community, there is no independent fiscal entity, and where participation is associated with a right to use an apartment in the building. However, it is a condition that the property in the tax year 1999 was subject to a standardized lejeværdi calculation according to the equation of the law rules, see. lovbekendtgørelse nr. 819 of 3. November 1997, including that which is made an assessment under the assessment Act section 33 (A).

9) Properties of 5000 m2, in whole or in part is located in the rural zone, for which the property value after evaluation § 33, paragraph 8, shall be allocated to the part that serves to the abode of the owner and on the rest of the property.

10) properties that are samnoteret with a wind turbine parcel for which a property value after evaluation § 33, paragraph 9, shall be distributed on the part attached to the ejerboligen, and on the part attached to the wind the parcel.

11) Properties of the in no. 1-5, 9 and 10 species that are located abroad, in the Faroe Islands or to Greenland.

§ 4A. As basis for the calculation of the real estate value of properties within the scope of section 4 of the cat, nr. 1-10, used the lower of the following values: 1) The value of the property, which is employed for that property per 1. October in the income year.

2) The value of the property, which is employed for that property per 1. January 2001 with addition of 5 per cent.

3) The value of the property, which is employed for that property per 1. January 2002.

(2). For properties as mentioned in paragraph 1, which have been made to redevelop, shipbuilding, etc., and where these are not covered by the real estate assessment per 1. October in the year before the tax year, but by the real estate assessment per 1. October in the income year, used recruitment during the year before the tax year instead of employment per 1. October in the income year. If a property, which made the new construction, not considered as completed by the real estate assessment per 1. October in the year before the tax year, see. Assessment Act § 33 (1) shall be paid no tax in the income year. 1. and 2. paragraph shall apply without prejudice to paragraph 1, nr. 1. The provisions of paragraph 3. For properties as mentioned in paragraph 1, which have been made to redevelop, shipbuilding, etc., and where customs and tax administration has made recruitment after assessment § 33, paragraphs 12-15, used these employments as from the year following the year in which the appointments are made, instead of the appointments referred to in paragraph 1, no. 2 and 3.

(4). In determining the basis of assessment under section 4, nr. 2, account shall be taken of only the portion of the property value, which is associated with the owner's apartment. In determining the basis of assessment under section 4, nr. 3, account shall be taken of only the portion of the property value that is assigned to the farmhouse, etc. By the inventory of the base after § 4, no. 4, 5, 9 and 10, shall be taken into account only that part of the property value that is charged to the owner's home. As a basis for the calculation of properties as mentioned in § 4, no. 6-8, the property value that is hired for the occasion, as owner participant, inhabit, respectively.

(5). Use the taxpayer a second income year than the calendar year (staggered income year), it is the property value that is employed on 1 January. October of the calendar year, as it shifted income year in lieu of, which is used as the property value per 1. October in the tax year, see. paragraphs 1 to 4, and the property value that is employed on 1 January. October of the calendar year preceding the calendar year in which this is used as the property value per 1. October in the year before the income year.

section 4 (b). If, for properties within the scope of § 4, no. 11, found a foreign, Faroese or Greenlandic public property valuation, which can be equated to a Danish assessment calculated property value of cat and same rules as in clause 4 (a), paragraph 1.

(2). If, for properties within the scope of § 4, no. 11, no assessment as referred to in paragraph 1, form the basis of the lower of the following values: 1) Trade value per 1. October in the income year regulated with the same ratio, which at this time exists between the Danish property assessments and actual trading prices for properties of the type in question.

2) market value per 1. January 2001 regulated with the same ratio, which at that time existed between the Danish property assessments and actual trading prices for properties of the type in question, with the addition of 5 per cent.

3) Trade value per 1. January 2002 regulated with the same ratio, which at that time existed between the Danish property assessments and actual trading prices for properties of the type in question.

(3). section 4 (a), paragraph 4, 1.-3. paragraph, shall apply mutatis mutandis to paragraphs 1 and 2.

(4). Commercial value in accordance with paragraph 2 shall be fixed as follows:
1) If there is a foreign, Faroese or Greenlandic price index for properties of the type in question and this index can be approved by the Customs and tax administration, market value shall be determined on the basis of the actual acquisition cost forward or back indexed after such a price index. Customs and tax administration may determine that a foreign, Faroese or Greenlandic price index should be applied with prospective effect.

2) whose price index as mentioned in nr. 1 does not exist, used Danish price index for properties of the type in question.

3) If there is other evidence that gives a more accurate determination of market value than the documentation referred to in point 1. 1 and 2, be paid such other documentation as a basis for valuation.

4) if there is no price index as mentioned in nr. 1 and 2 and nr. 3 are not applicable shall be valued market value estimated. Similarly, if the indexing of an actual purchase price leads to a result which is manifestly disproportionate to the property's true market value.

(5). If carried out on, or new construction of buildings within the scope of § 4, no. 11, and the value of which does not form part of the foreign property valuation in accordance with paragraph 1 or the calculated market value in accordance with paragraph 2, the price of about-to-or the extension to property assessment or the calculated market value. The price of about-to-or building new indexed to 2001-2002, respectively-level level through the use of appropriate foreign price index. Are usable foreign price index not used instead, Danish price index. The indexed price adjusted as referred to in paragraph 2, no. 2 and 3.

(6). If a newly-built property subject to section 4, paragraph 11, after the Danish conditions could not be deemed to be completed on 1 January 2006. October in the year before the tax year, see. Assessment Act § 33 (1) shall be paid no tax in the tax year. It is the responsibility of the taxpayer to prove that the condition in the 1. paragraph are met.

(7). section 4 (a), paragraph 5, shall apply mutatis mutandis.

(8). Tax Minister may lay down rules on the submission of information for the purpose of determining the commercial value in accordance with paragraphs 2 and 4.

§ 5. Property value tax rate is 10 per thousand of the part of it in accordance with sections 4 a and 4 b, incremental basis which does not exceed DKK 3,040,000 and 30 per thousand of the rest. Property value cat was assessed for the property.

§ 6. Has the taxpayer acquired the property by 1. July 1998, the calculated property value tax shall be reduced by an amount equivalent to 2 per thousand of the base after § § 4 a and 4 b. Impact lapses by change of ownership. The impact, however, does not lapse upon change of ownership between spouses.

(2). Rebates granted in accordance with paragraph 1 corresponding to a surviving spouse, who did not qualify for the reduction, and which stays in a property that belonged to the other spouse.

§ 7. Has the taxpayer by 1. July 1998 acquired a property as referred to in § 4, no. 1, 3-5 and 9-11, the calculated property value tax also reduced by an amount equal to 4 per thousand of the base after § § 4 a and 4 b. Property value cat for properties as mentioned in § 4, no. 2 shall be reduced by 4 per mille of the basis for the calculation of the entire property.

(2). A deduction under paragraph 1 may not exceed 1200 € per independent housing unit. The allowance shall not be granted to owners of condominiums and protected properties covered by § 15 k. Impact equation lapses by change of ownership, change of ownership between spouses. section 6, paragraph 2, shall apply mutatis mutandis.

§ 8. If the taxpayer or the with this cohabiting spouse before the end of the tax year have reached the old-age pension age, see. section 1 a of the law on social pensions, the calculated property value tax shall be reduced by an amount equal to 4 per thousand of the base after § § 4 a and 4 b. Allowance may not exceed 6000 € per accommodation. For recreational dwellings, excluding holiday homes after permission is used as permanent housing, however, the impact can not exceed 2,000 DKK per holiday home. The allowance shall be granted only to persons resident in this country, including after a signed double taxation treaty.

(2). The discount is granted in accordance with paragraph 1 corresponding to a surviving spouse who does not qualify for a reduction, if this after the death of the other spouse stays in an estate that once belonged to one of the spouses. It is a condition that the spouses were not separated by death. If the surviving spouse enters into marriage, the right to join the allowance with effect from the beginning of the first year of the marriage began.

§ 9. The calculated property value tax, see. sections 5-8, 9 (a) and 9 (b), shall be limited in accordance with the rules laid down in paragraphs 2 to 6, for the taxpayer, 1) by the end of the tax year have reached the old-age pension age, see. section 1 a of the law on social pensions, 2) before the end of the tax year the age of 60 years and after the lov om social pension or § 6, paragraph 4, of law No. 285 of 25. April 2001 amending the law on social pensions and other laws (the early retirement reform) receives or will receive advance payments on an early retirement pension or receiving an invalidity allowance with assistance or care supplement, 3) by the end of the year will receive retirement income, see. law on unemployment insurance, etc., 4) by income of the year recipient fleksydelse, see. law on fleksydelse, or 5) whose spouse satisfies the conditions laid down in point 2. 1, 2, 3 or 4 and the spouses are cohabiting at the end of the year income.

(2). Is property value cat increased by more than 500 USD in relation to the property value cat calculated according to §§ 5-8 and limited in accordance with paragraph 1 or article 9 a, paragraph 1, and section 9 (b) of the preceding income year for the same property, reduced property value the cat with the excess amount referred to in article 6. However, paragraphs 3-6. Reduction may not happen for an amount equivalent to property value cat calculated according to §§ 5-8 and limited in accordance with paragraph 1 or article 9 a, paragraph 1, and section 9 (b) for the previous year increased by 20% and reduced by $ 900. In the income year in which the property value the cat for the first time be reduced pursuant to section 8, shall be used as the basis for comparison the previous indkomstårs property value tax reduction under section 8. The calculation of the reduction is done without regard to sections 10-12. The reduction falls by change of ownership. However, this does not by any change between spouses.

(3). Reduction in accordance with paragraph 2 shall be given corresponding to a surviving spouse who does not qualify for a reduction, if this after the death of the other spouse stays in an estate that once belonged to one of the spouses. It is a condition that the spouses were not separated by death. If the surviving spouse enters into marriage, the right to join the reduction with effect from the beginning of the first year of the marriage began.

(4). Paragraphs 2 and 3 shall apply only if the property is assessed by 1 January 1999. October of the year preceding the tax year has been assessed as fully or partially used for residential purposes for the owner.

(5). Paragraphs 2 and 3 shall not apply to condominiums, who in the year preceding the tax year is freed up for lease.

(6). Paragraphs 2 and 3 shall not apply to property, which in the year preceding the tax year is made alterations, etc., if the difference in value after evaluation § 5, paragraph 3, per 1. October in the tax year exceed the difference in value per 1. October in remodeling this year with more than 100 percent if no agreement can be summed up by a differential value, enter ejerboligens property value instead of unequal value. By statement of unequal values applies section 4 (a), paragraph 5, of the taxpayer, that uses an offset income year.

section 9 (a). The calculated property value tax, see. sections 5-7, 9 and 9 (b), shall be limited in accordance with the rules laid down in paragraphs 2 to 4 of taxpayers who are not covered by the limitation rule in section 9.

(2). Is property value cat increased by more than 2400 kr. in relation to the property value cat calculated in accordance with sections 5 to 7 and limited in accordance with paragraph 1 and section 9 (b) of the preceding income year for the same property, reduced property value the cat with the excess amount referred to in article 6. However, paragraphs 3 and 4. Reduction may, however, most happen to an amount equivalent to property value cat calculated in accordance with sections 5 to 7 and limited in accordance with paragraph 1 and section 9 (b) for the previous year increased by 20 percent. the calculation of the reduction is done without regard to sections 11 and 12. If the taxpayer in the previous income year was covered by section 9, represents benchmark real estate value cat for that year, calculated in accordance with sections 5 to 7 and limited pursuant to section 9, paragraph 1.

(3). The reduction falls by change of ownership. However, this does not by any change between spouses.

(4). For the purposes of paragraph 1, § 9, paragraph 4-6, apply mutatis mutandis.

section 9 (b). The amount by which property value cat for 2002, calculated in accordance with §§ 5-8 exceeds the property value cat calculated according to sections 5-9 of the same year, is calculated. The amount deducted from the tax on the property as from the income year 2003. The deduction does not apply to taxpayers who acquires property in the income year 2003 or the following year, unless the acquisition gives the right to take over the reduction under section 9 or section 9 (a) of the basic regulation. § 9 (2), 5. and 6. paragraph, as well as section 9 (a), paragraph 3.
(2). The amount by which property value cat for 2002, calculated in accordance with §§ 5-7 exceeds the property value cat calculated according to §§ 5-7 and 9 (a) of the same year, is calculated. The amount deducted from the tax on the property as from the income year 2003. The deduction does not apply to taxpayers who acquires property in the income year 2003 or the following year, unless the acquisition gives the right to take over the reduction under section 9 or section 9 (a) of the basic regulation. § 9 (2), 5. and 6. paragraph, as well as section 9 (a), paragraph 3.

(3). The reduction in property value of cat (1) and (2) in lieu of reductions of the tax assessment value cat from the income year 2003 pursuant to section 9, paragraph 2, and article 9 a, paragraph 2, as a result of increases in real estate values up to and including the 2002 assessment.

§ 10. Allowance under section 8 shall be reduced by 5 per cent of the calculation basis, which is calculated as the share of the taxpayer's personal income plus positive capital income and positive stock income apart from dividend income up to 5000 DKK, which exceeds a basic amount of EUR 174,600 DKK (2010-level). Is the taxpayer was married and cohabiting spouses by the end of the income year, reduced the discount with 5 percent of a calculation basis, which is calculated as the share of the spouses ' total personal income plus total positive income from capital and overall positive equity income apart from dividend income up to 10000 DKK, which exceeds a basic amount of EUR 268,600 DKK (2010-level). The reduction shall be carried out according to the reduction in accordance with sections 9 and 9 (b).

(2). The basic amounts referred to in paragraph 1 will be adjusted for personal tax law § 20.

§ 11. Property value for a property is calculated on annual cat base after § § 5-10. If the property cannot be used for the residence of the taxpayer or his household throughout the tax year, the calculated property value tax shall be reduced proportionately, see. However, paragraph 2 2. point By the acquisition of a dwelling shall be deemed the property of making to property of the taxpayer or his household from acquisition date. If occupancy occurs later than acquisition date, enter move-in day, however, instead of the acquisition date. By waiver or rented out the entire dwelling shall be deemed the property of making to property of the taxpayer or his household to the acquisition date. If the seller's relocation happens earlier than takeover day, enters the day however, relocation instead of acquisition date. 4. and 6. paragraph shall not apply to the relocation in connection with acquisition and divestment of holiday homes and the like. For the purposes of this paragraph shall be deemed to be the income year to form 360 days with 30 days in each calendar month.

(2). Exercising the taxable business activities in own property to an extent which do not benefit from the assessment Division of the property value of homes and other property after the assessment section 33, paragraph 5, reduced property value cat as calculated in accordance with §§ 5-10 with it to the occupational share corresponding to the proportion of the tax assessment value cat. By total or partial lease of the dwelling in cases where the owner chooses to apply equation § 15 O (1), § 15 P (1), 3.-5. paragraph, or section 15 P (2), 3.-5. section, by its income statement will result in rent is not that real estate value cat be reduced. In other cases, the lease of the dwelling shall be reduced property value cat as calculated in accordance with §§ 5-10 with it to the rented property value corresponding to the proportion of the cat.

§ 12. Tax paid abroad, the Faroe Islands or Greenland, and which is calculated with reference to the value of an immovable property located therein, may be deducted from the property value cat. Because taxes and property taxes and other taxes and charges in connection with a transfer, mortgage or other disposition of real property are not covered by the 1. point Deduction amount cannot exceed the incremental property value tax.

§ 13. The owner of the taxable property in co-ownership with others, paid only property value of the portion of the property, which corresponds to the taxpayer's share of the property. For properties as mentioned in § 4, no. 2, however, the property value tax shall be paid by the part of the tax assessment value, which is associated with the owner's apartment. The provisions of §§ 6-10 apply only for owners who comply with the conditions laid down in these provisions.

§ 14. (Repealed) § 15. Rules on the application of the income year, maturity, rate of return percentage charge, charging, liability and recovery of income tax as set out in kildeskatteloven shall apply mutatis mutandis, in respect of the tax under this law. The provisions of section 24 of the Act (A) withholding tax, 1. and 2. paragraph, shall also apply mutatis mutandis.

(2). Leave a person at death, are considered interim payments of property value tax that fell due before the death, for the final of the deceased for the income year in which the death occurred. The rules in the 1. paragraph shall apply mutatis mutandis for the income year, preceding the income year in which the death has occurred, if the estate of the deceased is connected by boudlæg pursuant to § 18 skiftelovens of estate. Is there not made payment of preliminary tax after 1. paragraph, the provisions of the rules on liability, etc. in estate tax act § 88, paragraphs 1 to 3 and 5 shall apply mutatis mutandis. For requirements regarding the guilty property value tax for the income year, preceding the income year, see. However, 2. paragraph, in which the death has occurred, see the rules on postpay and liability, etc. in estate tax Act section 87, paragraphs 1 to 3 and 5, and section 88, paragraphs 1 to 3 and 5, mutatis mutandis.

§ 16. (Repealed) § 17. The law shall enter into force on the day after publication in the Official Gazette.

(2). The law shall take effect as from the income year 2000.

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

The Danish Ministry of taxation, the 14. may 2013 P.M.V. Sevan/Søren Schou Official notes 1) in the introduction to lovbekendtgørelse nr. 1017 of 16. August 2007 it appears by mistake, that section 11 of Act No. 1587 by 20. December 2006 have been incorporated. The changes are incorporated in the present Legislative Decree No.

Related Laws