Act On Income Tax For Individuals, Etc. (Personal Tax)

Original Language Title: Bekendtgørelse af lov om indkomstskat for personer m.v. (personskatteloven)

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Act on income tax for individuals, etc. (Personal Tax) 1)
hereby promulgated Law on Income Tax for individuals, etc. (Personal Tax), see. Legislative Decree no. 143 of 8 February 2011, with the changes imposed by § 2 of the law no. 554 of 1 June 2011, § 9 of the Act no. 599 of 14 June 2011, § 9, no. 1-6, 8 and 9 of law no. 433 of 16 May 2012, § 3 of the law no. 920 of 18 september 2012, § 3 of law no. 921 of 18 september 2012, § 7 of law no. 922 of 18 september 2012, § 8 of Act no. 1394 of 23 december 2012 and § 4 of law no. 1395 of 23 december 2012.
the change resulting from § 9, no. 7 of law no. 433 of 16 May 2012, effective as of January 1, 2014, cf. . § 15 paragraph. 2 of Law no. 433 of 16 May 2012 as amended by § 23, no. 2 of Law no. 1354 of 21 December 2012. This change is therefore not included in this consolidated act, but it appears from the notes, the article being amended by this Act.

Computation of taxable income

§ 1. For individuals who are taxable in this country, calculated the taxable ordinary income after the general tax rules with the changes imposed by this Act.

§ 2. In addition to the taxable ordinary income calculated personal income, capital, equity and CFC income.

§ 3. Personal income includes all the income included in taxable income and not capital.

PCS. 2. The calculation of personal income deducted

1) expenses, which during the year is used for acquiring, securing and maintaining income from self-employment, with the exception of those in § 4, paragraph. 1 pt. 1, 2, 7 and 8 and Assessment Act §§ 9 G and 13 expenditure referred

2) expenses, as mentioned in the Assessment Act §§ 8, paragraph. 1, 8 B, 8 C, 8 K, 8 L, 8 N, 14, paragraph. 1, 14 F and 30 A, and transferred income after withholding tax Act § 25 A, paragraph. 3-5, at self-employment,

3) contributions and premiums for pension and other insurance in the same range as in the Pension Tax Act §§ 18 and 52 in conjunction. However, § 4 a paragraph. 3,

4) reserves for investment fund law,

5) differences and impairment losses on livestock by the Law on the tax treatment of livestock §§ 2 and 8

6) write-down of inventory by warehouse Act § 1. 4

7) labor and obligatory foreign social contributions in the same range as the Assessment Act § 8 ​​M,

8) reserves in accordance with § 22 b and § 22 di business Tax Act,

9) expenses that are deductible by the Tax Assessment Act § 9 B

10) recovered taxable cash benefit to the same extent as mentioned in the Assessment Act § 8 ​​O

11) tax depreciation, losses and deductions for depreciation Act and State Tax for the self-employed and

12) deposits entrepreneurial account under the Act on deposits of up account and entrepreneurial account.

§ 4. Investment income includes the net total of

1) interest income and interest expenses and deductions as Assessment Act § 6 and § 6 A,

2) taxable gains and deductible loss for Capital Gains Act

3) income from capital in a self-employed business tax Act § 7, which is transferred to the taxpayer before the deadline for submission of tax return for the tax year, less return on capital, which is included in personal income for business tax Act § 23a

3a) income from capital after the business tax Act § 22a, net of investment income that is included in personal income for business tax Act § 23a, as well as income from capital after the business tax Act § 22c,

4) taxable dividends subject to the Assessment Act § 16a paragraph. 1 piece. 2, Nos. 1-3, paragraph. 3, no. 1 and 2 and paragraph. 4 not share income in accordance with § 4 a,

5) taxable profit, deductible losses and taxable sales amounts for Capital Gains Tax Act § 18, § 19 and § 22 or Assessment Act § 16 B, there is no equity income in accordance with § 4 a,

5a) taxable profit, tax-deductible losses and taxable sales amounts for Assessment Act § 16 B from the disposal of Member evidence of associations etc. that are taxable under the Corporation Tax Act § 1. 1, no. 6, except investment funds,

6) surplus or deficit of one- or two-family houses, etc., homes, condominiums and the like, as mentioned in property Tax Act § 4, no. 1-5 and 9-11,

7) the Assessment Act § 8 ​​paragraph. 3, issue fees etc.


8) interest correction after the business tax Act § 11 paragraph. 3,

9) income from independent business when the number of owners is greater than 10, and the taxpayer does not participate in the company's operations significantly, as well as income from self-employment after Assessment Act § 8 ​​K, paragraph. 2, when the number of individual owners is greater than 2, and the taxpayer does not participate in the company's operations significantly,

10) payments as mentioned in the Assessment Act § 14 A, paragraph. 1

11) income from the rental of depreciable operating equipment and ships regardless of the number of owners, if the taxpayer does not participate in the company's operations significantly,

12) remuneration covered by the Assessment Act § 5 C,

13) returns after the Pension Taxation Act § 53A paragraph. 3,

14) profit calculated according to property gains tax Act,

15) The amounts are taxable or deductible for Assessment Act § 12 B, paragraph. 4-7 or paragraph. 9

16) The amounts are taxable or deductible for depreciation Act § 40 C, og2)

PCS. 2. Deductible expenses during the year are used to acquire, secure and maintain capital deducted in the calculation of this.

PCS. 3. Persons to calculate income and expenditure referred to in paragraph. 1 and 2 the calculation of personal income if they exercise fueled by the purchase and sale of receivables or financial contracts or carry on trading business by financing. Also included in the personal income loss claims covered by the Capital Gains Act § 17

PCS. 4. Notwithstanding paragraph. 1 pt. 4 and 5, included dividend payments and selling prices for Assessment Act § 16 B from cooperatives referred to in the Capital Gains Tax Act § 18 However, personal income, unless the distribution is a normal return on paid-up share capital.

PCS. 5. Notwithstanding paragraph. 1 pt. 4 and 5, included dividend payments and selling prices for Assessment Act § 16 B relating to the shares covered by the Capital Gains Tax Act § 17, however, the personal income. The same applies to distributions, profits and losses and selling prices for Assessment Act § 16 B relating to shares, subject to Capital Gains Tax Act § 19 if they would be subject to Capital Gains Tax Act § 17, if they were not covered by the same Act § 19

PCS. 6. Tax Board may allow the rule in paragraph. 1 pt. 11 will not be used for rental income from assets that were acquired before 19 May 1993 when after the Council's discretion must be regarded as established that the rental is part of a generation, or special circumstances so warrant .

PCS. 7. The owners of renewable energy installations or units of renewable energy plants using the rules of the Assessment Act § 8 ​​P paragraph. 2 and 3 shall not be included when calculating the number of owners in the paragraph. 1 pt. 9

§ 4 a. Share income comprising the total of:

1) dividends for Assessment Act § 16 A and the amount covered by business transformation Act § 4, paragraph. 4, 3rd paragraph., From companies that are taxable under the Corporation Tax Act § 1. 1 pt. 1, 2, 2 e, 2 h, 4 or 5 a, or who are or have been resident abroad, unless the shares are subject to Capital Gains Tax Act § 19

2) selling prices for Assessment Act § 16 B as well as the amount covered by § 4, paragraph. 4, 2nd sentence. Of the Act on tax-exempt business transformation from the companies which are taxable under Corporation Tax Act § 1. 1 pt. 1, 2, 2 e, 2 h, 4 or 5 a, or who are or have been resident abroad, unless the shares are subject to Capital Gains Tax Act § 19

3) the portion of distributions from income investment funds, see. Assessment Act § 16 C, paragraph. 1, which is calculated as the difference between, on the one hand, the taxable portion of distributions and on the other hand, the portion of distributions resulting from the corporation's net income under the Assessment Act § 16 C, paragraph. 3, Nos. 1-5, 7 and 8, set up after the Assessment Act § 16 C, paragraph. 4, first paragraph. Paragraph. 5, no. 1, and paragraphs. 6, see. Paragraph. 4, 1st clause. 3)

4) gains and losses after the Capital Gains Tax Act, §§ 12-14, profit after Capital Gains Tax Act § 17 A, paragraph. 2, no. 1 and losses for Capital Gains Tax Act § 17 A.

PCS. 2 pcs. 1, Nos. 1-4, does not include dividends and profits and selling prices for Assessment Act § 16 B relating to shares referred to in the Capital Gains Tax Act § 19 paragraph. 1 also does not yield after the Assessment Act § 16a paragraph. 5.


PCS. 3. A taxpayer at the sale of shares in a company in which he has been the principal shareholder, see. Capital Gains Tax Act § 4, has set up a pension plan governed by the Pension Taxation Act § 15 A, may it or the income year in which the shares are refrained, totally or partially, to deduct contributions or premiums to the pension scheme in the share income. Deductions can only be made if the share income calculated in accordance with paragraph. 1 and 2 are positive, and the deduction can not exceed the share income calculated in accordance with paragraph. 1 and 2. Amounts deducted from the share income can not also deductible from personal income after § 3 paragraph. 2, no. 3. A taxpayer who choose to deduct your share income, to give customs and tax administration accordingly. The notification shall indicate the amount of the deductions are to be entered in the share income. A taxpayer may reverse its decision to make deductions from income from shares, if declaration to that effect is made to the customs and tax authorities by 30 June of the second calendar year following the end of the fiscal year.

PCS. 4. Income from shares are not included in taxable income.

§ 4 b. CFC income (Controlled Foreign Company) represents the total amount of income mentioned in the Assessment Act §§ 16 H and 16 I.

PCS. 2. CFC income are not included in taxable income when calculating tax under §§ 6-8 a.

Calculation of income tax

§ 5. The income tax to the state is calculated as the sum of

1) base tax according to § 6

2) The top tax rate under § 7

3) equalization tax under § 7a

4) health contributions under § 8

5) tax on income from shares according to § 8a

6) Tax on CFC income in accordance with § 8 b and

7) The tax equivalent to local income tax according to § 8 c.

§ 6. The tax in accordance with § 5, no. 1, calculated by the percentage set out in paragraph. 2, the personal income supplemented by positive capital.

PCS. 2. For the tax year 2011 is 3.64 percent. For tax year 2012 represents the percentage of 4.64. For tax year 2013 represents the percentage of 5.83. For tax year 2014, the percentage of 6.83. For tax year 2015 represents the percentage of 7.83. For tax year 2016, the percentage of 8.83. For tax year 2017 represents the percentage of 9.83. For tax year 2018, the percentage of 10.83. For tax year 2019 and subsequent years constitute 11.83 percent. For individuals who are not required to pay income tax in accordance with § 8 c or local income tax under the Act on municipal income tax, represents the percentage of the income year 2011 and income year 2012 3.64. For tax year 2013 and subsequent years constitute ratio 3.83.

PCS. 3. If a married person has negative net capital, set off this amount in the other spouse's positive net capital income before tax under paragraph. 1 and 2 are calculated. It is a prerequisite that spouses are cohabiting at the income year.

§ 6 a. (Repealed).

§ 7. The tax in accordance with § 5, no. 2, up 15 per cent. of personal income plus herein deducted and unlisted amount covered by the threshold under Pension Tax Act § 16 paragraph. 1, 3rd section., And with the addition of positive net capital income exceeding a basic amount of 40.000 kr. (2010 level), to the extent the total exceeds the basic allowance specified in paragraph. 2.

PCS. 2. The basic allowance is 389 900 kr. For tax year 2013 the basic allowance 421,000 kr. (2010 level). For tax year 2014, the basic allowance 441 100 kr. (2010 level). For tax year 2015 the basic allowance 444 500 kr. (2010 level). For tax year 2016, the basic allowance 446 300 kr. (2010 level). For tax year 2017 the basic allowance 448 200 kr. (2010 level). For tax year 2018, the basic allowance 456,000 kr. (2010 level). For tax year 2019 the basic allowance 459 200 kr. (2010 level). For tax year 2020, the basic allowance 464,500 (2010 level). For tax year 2021 the basic allowance 466,000 kr. (2010 level). For tax year 2022 and subsequent years the basic allowance 467,000 kr. (2010 level).

PCS. 3. For individuals who are not covered by paragraph. 7, calculated tax by 15 per cent. of his personal income plus herein deducted and unlisted amount covered by the threshold under Pension Tax Act § 16 paragraph. 1, 3rd section. To the extent that this calculation basis exceeds the basic allowance in paragraph. 2.


PCS. 4. There also calculated tax on the person's positive net capital income that exceeds the basic allowance in paragraph. 1. The tax is calculated at 15 per cent. of the calculation basis under paragraph. 3 plus the portion of the positive net capital income that exceeds the base amount in paragraph. 1. The tax is calculated only to the extent the total exceeds the basic allowance in paragraph. 2. The difference between the tax under Points 2 and 3. and tax under paragraph. 3 represents the treasure of the person's positive net capital in accordance. However, § 19 paragraph. 2.

PCS. 5. Is a married person's net capital below the starting amount of positive net capital in paragraphs. 1, increased the other spouse's basic amount of the difference is, if the spouses cohabiting at the income year. Is the person's net capital negative offset that amount in the other spouse's positive net capital before the spouse's basic amount increased by 1 point.

PCS. 6. For spouses tax is calculated in accordance with paragraph. 7-12 when they are cohabiting in the entire year and this represents a period of one year.

PCS. 7. For each spouse is calculated tax by 15 per cent. of his personal income plus herein deducted and unlisted amount covered by the threshold under Pension Tax Act § 16 paragraph. 1, 3rd section. To the extent that this calculation basis exceeds the basic allowance in paragraph. 2.

PCS. 8. calculated also tax of spouses' total positive net capital. For this purpose, calculated tax by the spouse who has the highest calculation basis under paragraph. 7. The tax is calculated at 15 per cent. this spouse basis in accordance with paragraph. 7 plus the part of the spouses' total positive net capital in excess of twice the amount indicated in paragraph. 1. The tax is calculated only to the extent that the total exceeds the basic allowance in paragraph. 2.

PCS. 9. The difference between the tax under paragraph. 8 and tax under paragraph. 7 for the spouse who has the highest calculation basis under paragraph. 7 represents the treasure of the spouses' total positive net capital in accordance. However, § 19 paragraph. 2.

PCS. 10. If only one spouse positive net capital above the amount specified in paragraph. 1 lies on the total tax on the spouses' net capital in accordance with paragraph. 9 this spouse.

PCS. 11. If both spouses positive capital above the amount specified in paragraph. 1, distributed tax of spouses' total net capital between them in proportion to each spouse's net capital above the amount specified in paragraph. 1.

PCS. 12. If both spouses basis in accordance with paragraph. 7 are equal, are considered the spouse who has the biggest expenses of a kind deductible in calculating taxable income, but not in the calculation of personal income and investment income, to have the highest calculation basis under paragraph. 7.

PCS. 13. Basic amount and the basic allowance in paragraph. 1 and 2 is regulated by § 20

§ 7 a. Compensatory tax in accordance with § 5, no. 3, is calculated by the sum of the following income tax amounts:

1) Payments under Pension Tax Act § 20 paragraph. 1, Nos. 1-4.

2) Payments under Pension Tax Act § 53A paragraph. 5.

3) Payments under Pension Tax Act § 53 B, paragraph. 6

4) Remuneration for the relief of pension commitments under the Assessment Act § 7 O paragraph. 1, no. 3, excluding labor.

5) Pension according to the promise made to a director or his survivors in the employment context, where the payment is covered by the State Tax Act § 4, point c, excluding labor.

6) basic old-age pension, see. § 12 of the law on social pensions.

7) Other pensions and pension-related benefits covered by the State Tax Act § 4, point c, or Pension Tax Act § 50 as amended by Act no. 580 of 7 August 1991. The first section. does not include early retirement benefits, see. Chapter 11 of the Act on Unemployment Insurance Act, or flex allowance subject to the Danish flex allowance. 1st clause. also includes not early retirement, see. § 16 of the Social Pensions Act and the Act on the highest, middle, high plain and ordinary disability pension, etc. 1st clause. Also excluded from mandatory, foreign security systems.

PCS. 2. The amounts paid as disability pensions are not covered by paragraph. 1. distinction is made between invalidity and retirement pensions are only payments until reaching the retirement age not covered by paragraphs. 1.


PCS. 3. compensatory tax levied on personal income plus herein deducted and unlisted contributions to pension plans regulated under § 13 if the corrected amount is less than the amount calculated in accordance with paragraph. 1.

PCS. 4. For the tax years 2011-2014, the compensatory tax is 6 percent. the portion of the total amount under paragraph. 1, see. Paragraph. 3 exceeding a basic amount of 362,800 kr. (2010 level).

PCS. 5. The rate of 6 per cent. in paragraph. 4 reduced from the income year 2015 and for each subsequent fiscal year by 1 percentage point compared to the rate of the nearest preceding fiscal year. For tax year 2020 and subsequent years the rates are 0 per cent.

PCS. 6. Is a married person paid under subsection. 1 lower than the base amount under subsection. 4, or paid not per paragraph. 1, increased the other spouse's basic amount of the difference is a maximum of 121,000 kr. (2010 level) less personal income after adjustment in accordance with § 13. It is a condition for deduction under the 1st clause. That spouses are cohabiting at the income year expired.

PCS. 7. The amounts referred to in paragraph. 4 and 6 is regulated by § 20

§ 8. Health Contribution by § 5, no. 4, calculated on the taxable income with the percentage recorded in the second-9. section. For the tax years 2010 and 2011 represent the percentage of 8.0. For tax year 2012 amounts ratio 7.0. For tax year 2013 shall percentage 6.0. For tax year 2014, the percentage of 5.0. For tax year 2015 represents the percentage of 4.0. For tax year 2016, the percentage of 3.0. For tax year 2017 represents the percentage of 2.0. For tax year 2018, the percentage of 1.0. For tax year 2019 and subsequent years represent the percentage 0.

PCS. 2. The obligation to pay health contributions by paragraph. 1 is incumbent on any person who is obliged to pay income tax in accordance with § 8 c or local income tax under the Act on municipal income tax.

§ 8 a. Tax on share income not exceeding a basic amount of 48,300 kr. (2010-level) is calculated as a final tax for the tax years 2010 and 2011 is 28 per cent. and for tax year 2012 and subsequent years constitute 27 per cent. Dividend tax under PAYE Act § 65 of equity income that does not exceed the base amount, the final payment of the tax and the dividend tax is not offset in the final tax for the withholding tax Act § 67.

PCS. 2. Tax on share income exceeding a basic amount of 48,300 kr. (2010 level) is calculated with 42 percent. Tax is included in the final tax and the dividend tax contained in this part of the proceeds after the Withholding Tax Act § 65, offset against the final tax for the withholding tax Act § 67.

PCS. 3. Where the tax withheld by the withholding tax Act § 65 in paragraph. 1 mentioned tax rate of total equity income, offset the excess amount in the final tax. Is equity income was negative, set off all the tax withheld in the final tax.

PCS. 4. Is a married person's share income lower than those in paragraph. 1 and 2, the basic amount increased by the other spouse basic difference with the amount not exceeding the basic amount. It is a prerequisite that spouses are cohabiting at the income year.

PCS. 5. Is equity income was negative, calculated negative tax under paragraph. 1 that percentage of the amount that does not exceed the base amount and the tax rate referred to in paragraph. 2 of the amount exceeding the base amount. The negative tax offset against the taxpayer's final tax, and any remaining amount be carried forward in the final tax for the following tax year.

PCS. 6. Is a married person's share income negative offset amount in the other spouse's positive share income. It is a prerequisite that spouses are cohabiting at the income year. For any remaining negative amount calculated negative tax under paragraph. 5 using a double basic. If both spouses have negative equity income is distributed twice the basic amount proportionately between the spouses. Negative tax that can not be offset against the taxpayer's final tax offset against the spouse's final tax.

PCS. 7. Basic amount in paragraph. 1-2 regulated by § 20

§ 8 b. For CFC income subject to tax at the rate specified in the Corporation Tax Act § 17 paragraph. 1.


§ 8 c. For persons covered by the withholding tax Act § 2. 1 pt. 1, 2, 4, 5, 7 and 9 to 27, or § 2. 2, calculated a tax equal to the municipal income tax of taxable ordinary income. The same applies to persons subject to withholding tax Act § 2. 1, no. 3, Hydrocarbon § 21 paragraph. 2, or § 9 of the Act on taxation of seafarers, once they have chosen to be taxed as if they were subject to withholding tax Act § 2. 1, no. 1. The tax is payable by the average total local printing percent for the calendar year rounded down to the nearest whole percent.

PCS. 2. In cases where pursuant to § 10 paragraph. 5, must be the reduction of the estimated taxes using personal allowances, reduced tax corresponding to the municipal income tax, using the same personal allowance.

§ 9. The income tax under §§ 6, 7, 7a and 8 and § 8a paragraph. 2, the state must, after tax amounts are adjusted according to § 13 shall be reduced by the tax value of the personal allowance. Personal allowances are calculated according to § 10 and the tax value thereof in accordance with § 12. To the extent that the tax value of the personal allowance calculated at the tax rate in accordance with § 8 not deductible for tax under § 8, are eliminated in that order in taxes under §§ 6, 7 and 7a and § 8 a paragraph. 2. Similarly, if the tax value of the personal allowance calculated at the tax rate in accordance with § 6 are not deductible from tax under § 6, are eliminated in that order in taxes under §§ 8, 7 and 7 a and § 8 a paragraph. 2. Income tax according to § 8 c and income tax to the municipality and church tax be reduced correspondingly.

Personal allowances

§ 10. For this country fully taxable persons constitute personfradragets basic 42,000 kr. (2010 level).

PCS. 2. For people who know the income year is over 18 years old and not married, constitutes personfradragets basic 31,500 kr. (2010 level).

PCS. 3. To the extent that a married person who is cohabiting with the spouse of the income year, can not use the tax value of personal deductions, use the unused portion of the tax base to reduce by § 9 of the other spouse's taxes.

PCS. 4. For people who have opted for taxation under Withholding Tax Act §§ 48 E and 48 F, the provisions of subsections. 1 and 2 do not apply to the calculation of tax on the income subject to withholding tax Act §§ 48 E and 48 F. For these individuals will not rule in paragraph. 3 application for personal exemption enjoyed by those concerned.

PCS. 5. For persons who are taxable by withholding tax Act § 2, whose income employment includes a period of 1 year, reduced the calculated taxes with the tax value of a personal exemption provided by paragraph. 1 and 2 if the taxable income is subject to withholding tax Act § 2. 1 pt. 1 and 9-13 or paragraph. 2, 1-3. section. The provisions of the first section. shall not apply to the extent that taxable income is taxed according to § 9 paragraph. 1 of the Act on taxation of seafarers. The provision in the first section. shall also not apply to persons who apply for a residence permit under § 7.

PCS. 6. Persons subject to withholding tax Act § 2, and the income assessment covers a shorter period than one year, see. However Withholding Tax Act §§ 5A-5D, can choose to have the calculated taxes reduced by the tax value of a personal exemption provided by paragraph. 1 and 2 if the taxable income is subject to withholding tax Act § 2. 1 pt. 1 and 9-13 or paragraph. 2, 1-3. section. The choice for a tax year shall be taken by 1 July of the year following the income year. The choice can be reversed by 30 June of the second calendar year following the income year. The provisions of the first section. shall not apply to the extent that taxable income is taxed according to § 9 paragraph. 1 of the Act on taxation of seafarers. The provision in the first section. shall also not apply to persons who apply for a residence permit under § 7.

PCS. 7. The said basic amount is regulated by § 20

§ 11. For the part of the taxpayer's negative capital that does not exceed an amount of 50,000 kr., Calculated a tax credit by the percentage set out in paragraph. 2. The tax credit is offset against taxes under §§ 6, 7, 7a and 8, § 8 a paragraph. 2 and § 8 c, income tax to the municipality and the church in that order.


PCS. 2. For income year 2012 represents the percentage 1. For income year 2013 shall percentage 2. For tax year 2014, the percentage 3. For tax year 2015 represents the percentage 4. For tax year 2016, the percentage 5. For tax year 2017 represents the percentage 6. For tax year 2018, the percentage of 7 . For tax year 2019 and subsequent years represent the percentage 8.

PCS. 3. Is a married person's negative capital less than the threshold under paragraph. 1, increased the other spouse's limit with the balance, if the spouses cohabiting at the income year. Is the person's net capital positive offset that amount in the other spouse's negative capital before the spouse's credit limit is increased by 1 point.

PCS. 4. If a married person can not take advantage of the discount calculated in accordance with paragraph. 1-3, set off the unused portion in the other spouse's taxes if the spouses cohabiting at the income year.

PCS. 5. Reduction in tax under paragraph. 1-4 includes only persons who are required to pay income tax in accordance with § 8 c or local income tax.

Tax value

§ 12. The tax value of the in § 10, the personal allowance is calculated as a percentage of deductions. The computation is the same percentage as in the calculation of income tax to the municipality and the church. For taxable equivalent tax under § 8 c, apply the tax rate of tax under § 5, no. 7. In the calculation of income tax to the state calculated the tax value of the personal allowance in tax rates for the bottom tax under § 5, no. 1, and health contributions by § 5, no. 4

PCS. 2. If the tax value of the personal allowance can not be utilized in the calculation of one or more of the in § 9 above taxes, used the unused portion to the reduction of other taxes.

deficit

§ 13. If the taxable income shows a loss, calculated tax value of the loss of tax to be levied for health contributions referred to. § 8, and tax rates for municipal income tax and church tax, respectively, with the tax rate according to § 8 c. The tax value of the loss is offset against that order in taxes after §§ 6, 7 and 7a and § 8 a paragraph. 2. A then remaining loss carried forward for deduction from taxable income for the next fiscal year. The allowance for losses in taxable income can only be carried forward to a later tax year, if it can not be deducted from taxable income, or offset by the tax value of the tax under §§ 6, 7 and 7a and § 8 a paragraph. 2, for a previous assessment.

PCS. 2. If a married person's taxable income shows a loss, and spouses cohabiting at the income year, the deficit is not offset by paragraph. 1, point 2., To the extent possible be deducted from the other spouse's taxable income. Then offset the tax value of unutilized losses in the spouse's estimated taxes under §§ 6, 7 and 7a and § 8 a paragraph. 2. Offsetting occurs before the spouse's own unused tax losses from previous assessment be carried forward after the 4th-6th section. A then the excess amount carried forward for deduction in the following fiscal year in accordance with paragraph. 1, Item 4. Every year deductible losses first in the taxpayer's income and otherwise under the same rules that apply to loss the previous year. If the spouse has untapped losses in previous accounting periods, the spouse's own deficit set off first.

PCS. 3. If personal income is negative, set against the prior statement of the calculation according to §§ 6 and 7 of the income year positive investment income. A remaining negative amount carried forward to offset first in the capital and then in personal income plus herein deducted and unlisted amount covered by the threshold under Pension Tax Act § 16 paragraph. 1, 3rd clause., For the following fiscal year before the statement of the bases under §§ 6 and 7. Negative personal income can be fed only to the extent it can not be offset by the 1st or 2nd section. for an earlier fiscal year.


PCS. 4. If a married person's personal income is negative and spouses cohabiting at the income year, the negative amount in the calculation of the bases under §§ 6 and 7 set off against the other spouse's personal income plus herein deducted and unlisted amounts covered by the threshold under Pension Tax Act § 16 paragraph. 1, 3rd section. An excess negative amount offset against both spouses positive capital calculated together. If both spouses positive capital, offset the negative amount preferably in the taxpayer's investment income and then the spouse's capital. Offsetting occurs before the spouse's own unused tax losses from previous assessment be carried forward after the 5th-8th section. A negative amount still not been deducted shall be carried within the following fiscal year to the extent that they can not be offset against a previous assessment, to be offset against prior statement of the bases under §§ 6 and 7. Each year offset negative personal income until spouses positive capital calculated together, then the taxpayer's personal income plus herein deducted and unlisted amount covered by the threshold under Pension Tax Act § 16 paragraph. 1, 3rd section., And finally in the spouse's personal income plus herein deducted and unlisted amount covered by the threshold under Pension Tax Act § 16 paragraph. 1, 3rd section. 3. section. shall apply mutatis mutandis. If the spouse has untapped losses in previous accounting periods, the spouse's own deficit set off first.

PCS. 5. 4) The transfer under subsection. 2 or 4 of losses between spouses can be seen in the calculation of the couple's taxable income and personal income in this connection away from personal income taxed abroad and not here in the country. The part of the deficit, corresponding to expenses incurred by the taxpayer will receive a deduction for abroad, can not be transferred to the spouse. Personal income is reduced by deductible expenses relating to this income, regardless of whether those costs are covered by § 3, paragraph. 2. There can be no transfers after paragraph. 4 of that part of the deficit, offset by deducted and unlisted amount covered by the threshold under Pension Tax Act § 16 paragraph. 1, 3rd section. This provision shall not apply where tax is established under the provisions of the Assessment Act § 33 A or according to § 5 or § 8 of the Act on taxation of seafarers.

PCS. 6. Losses in general taxable income from an activity referred to in § 4, paragraph. 1 pt. 9 or 11, can not be deducted from the taxpayer's other taxable income but carried forward to offset against future taxable income in a subsequent income from the same company. The same applies for advance depreciation after depreciation Act of assets after the completion used in the business. The provisions shall not apply to losses from ship activities covered by § 4, paragraph. 1 pt. 9 or 11, when Industry by 31 December 1993, approved ship project.

§ 13 a. Achieves a person in a tax year an arrangement with creditors in a reorganization or debt restructuring, reduced unused deductible losses and then unused deductible losses that can be carried forward under the rules of the Capital Gains Tax Act § 13 A, paragraph. 2 and 3, Capital Gains Act § 32 paragraph. 3, and property gains tax Act § 6, paragraph. 3, from the current and previous assessment of the amount by which the debt is reduced. The reduction amount is reduced by the portion of the debtor's income derived from his release of debt obligations. The reduction of the deficit will be effective for the income year in which reconstruction proposal with compulsory composition confirmed or warrant for debt settlement are issued, and the subsequent income.

PCS. 2. To the extent that the amount by which the deficit must be reduced in accordance with paragraph. 1, has not been used for reducing the deficit from the debtor, it should be used to reduce the deficit in accordance with paragraph. 1 relating to the debtor's business in the cohabiting spouse if that driver is that activity.

PCS. 3. When calculating the company's losses from the debtor spouse, the spouse's income, not related to the company, with the spouse's expenses not related to the company.


PCS. 4. The reduction amount under subsection. 1, 1st-3rd section. reduces unutilized negative tax on equity income from the income year in which the composition of a restructuring or debt relief is obtained or from previous assessment. By reducing the negative tax on share income offset the reduction amount with a tax value of 40 per cent. The reduction will take effect for the income year in which reconstruction proposal with compulsory composition confirmed or warrant for debt settlement are issued, and the subsequent income. If there is an unused deductible losses and unutilized negative tax on income from shares, use the reduction amount to reduce the deficit before the negative tax on income from shares, so that the negative tax on share income only reduced to the extent that the reduction amount exceeds the deficit. Where paragraph. 2 reduced both losses and negative tax on equity income from the debtor before the reduction amount used to reduce the deficit of the spouse.

PCS. 5. The rules in paragraphs. 1-4 apply correspondingly to agreements on a comprehensive arrangement between a debtor and his creditors for cancellation or reduction of the debtor's debt (voluntary agreement).

conversion

§ 14. If a person becomes taxable, or if a person ceases to be a tax liability, cf. Withholding Tax Act § 1, translated both the taxable income as personal income and capital income for the year in which the tax liability arises or ceases, so that amounts coming to correspond to a whole year's income. On the basis of the calculated annual income calculated annual tax under §§ 6-9. The estimated annual tax is reduced by the ratio of delårsbeløbene and annual amounts.

PCS. 2. A person can choose to not be done all year conversion after paragraph. 1. In this case, the person shall determine its taxable income, personal income and investment income for that year, as if he was taxed under PAYE Act § 1 for the entire year. The total income tax reduced by the amount which proportionally falls on the share of income relating to the period when the person was not taxable. The choice must be taken when filing a tax return for the year in which the tax liability ceases. The choice can be reversed if the declaration to that effect is made to the customs and tax authorities by 30 June of the second calendar year following the end of the fiscal year.

PCS. 3. For a person covered by § 10 paragraph. 6, translated both the taxable income as personal income and capital income for the year in which the limited tax liability arises or ceases, so that the amounts will be equivalent to a whole year's income. On the basis of the calculated annual income calculated annual tax under §§ 6-9. The estimated annual tax is reduced by the ratio of delårsbeløbene and annual amounts.

estates

§ 15. (Repealed).

§ 16. (Repealed).

§ 17. (Repealed).

Wealth tax

§ 18. (Repealed).

tax ceiling

§ 19. If the amount of the tax under §§ 6, 7 and 8 assigned to the taxpayer's municipal income tax rate, respectively, the tax rate according to § 8 c exceeds 51.7 per cent., Calculated a reduction in state tax corresponding to the tax rate for the calculation of tax under § 7 , PCS. 3 and 7, were reduced by the excess percentages.

PCS. 2. If the amount of the tax under §§ 6, 7 and 8 assigned to the taxpayer's municipal income tax rate, respectively, the tax rate according to § 8 c exceeds 49.5 per cent. for the 2010 fiscal year, 47.5 per cent. for the tax year 2011, 45.5 per cent. for income year 2012, 43.5 per cent. for tax year 2013 and 42.0 per cent. for tax year 2014 and subsequent income, calculated a reduction in state tax corresponding to the tax rate in calculating taxes under § 7 paragraph. 4, 8 and 9, were reduced by the excess percentages.

Control

§ 20. By regulating the amount under this provision shall apply an annual calculated reguleringstal. Regulating figure calculated in the previous year reguleringstal increased by 2.0 per cent. plus or minus the Minister of Finance announced adjustment percentage for the current fiscal year under the Act on Rate Adjustment Percentage. Regulating figure calculated to one decimal place.

PCS. 2. By regulation pursuant to subsection. 1 increased or reduced amounts by the same percentage as that by which year reguleringstal differs from 100. The so-adjusted amount is rounded up to the nearest amount divisible by 100.

PCS. 3. Control The figure represents 100.0 for income years 2009-2013.

Common provisions

§ 21. (Repealed).

§ 22. (Repealed).


§ 23. (Repealed).

§ 24. (Repealed).

§ 24 A. (Repealed).

Commencement etc.

§ 25. This Act shall take effect from the income year 1987.

§ 25a. (Repealed).

§ 25 b. (Repealed).

§ 26. For the tax years 2012 to 2019 calculated compensation if the difference is calculated in accordance with paragraph. 2 and 3 are negative. The compensation offset against taxes under §§ 6, 7, 7a and 8, § 8 a paragraph. 2 and § 8 c, income tax to the municipality and the church in that order.

PCS. 2. The calculation of the balance includes the following amounts:

1) 1.5 per cent. of the basis for lower tax bracket, see. § 6, to the extent basis exceeds a basic allowance of 44,800 kr. (2010 level). For people who know the income year is over 18 years old and not married, the basic allowance is 33,600 kr. (2010 level).

2) 6 per cent. of the personal income supplemented by positive capital to the extent basis exceeds a basic allowance of 362,800 kr. (2010 level).

3) 15 per cent. of the basis for the top tax rate, see. § 7 paragraph. 1, to the extent basis exceeds a basic allowance of 362,800 kr. (2010 level) less 15 per cent. of the basis for the top tax rate, see. § 7 paragraph. 1, to the extent basis exceeds the basic allowance specified in § 7, paragraph. 2.

4) 1 per cent. of the basis of equity income, see. § 8 a paragraph. 1 and 2.

5) 8 per cent. plus rate for income tax to the municipality and the church of the deduction calculated using equation Act § 9 J less a deduction on the same basis using a deduction rate of 4.25 and a basic amount of 14.200 kr. (2010 level).

6) The tax value calculated in accordance with § 12 of a basic amount of 1.900 kr. (2010 level).

7) Compensation Tax in accordance with § 7 a.

8) 8 per cent. minus the tax rate for health contribution, see. § 8, of the sum of negative net capital in excess of the threshold of § 11 paragraph. 1, and the costs of the nature to be deducted in computing the taxable income but not in the calculation of personal income and capital income (assessed deductions).

PCS. 3. difference shall be calculated as the sum of the amounts calculated in accordance with paragraph. 2, Nos. 1-5, minus the amounts calculated in accordance with paragraph. 2, no. 6 and 7. If the amount is negative, set it to 0. From this amount is deducted calculated in accordance with paragraph. 2, no. 8

PCS. 4. If a married person's difference per paragraph. 3 is positive, reduced the other spouse's negative balances with an amount equal to the positive difference, if the spouses cohabiting at the income year.

PCS. 5. If a married person has negative net capital, set off this amount in the other spouse's positive net capital for the funds under paragraph. 2, no. 2, calculated if the spouses cohabiting at the income year.

PCS. 6. If a married person's personal income supplemented by positive capital is lower than the basic allowance in paragraph. 2, no. 2, increased the other spouse's basic allowance with the balance for the amount under paragraph. 2, no. 2, calculated if the spouses cohabiting at the income year. 1st clause. shall not apply for taxation in which the selected taxation by withholding tax Act § 48 F paragraph. 1-3.

PCS. 7. For spouses apply § 7 paragraph. 5-10, used to calculate the amount in accordance with paragraph. 2, no. 3, with the basic allowance specified in paragraph. 2, # 3.

PCS. 8. If a married person has positive net capital, set off this amount in the other spouse's negative capital for the funds under paragraph. 2, no. 8, calculated if the spouses cohabiting at the income year.

PCS. 9. Basic amount and the basic allowance in paragraph. 2, no. 1, 2, 3, 5 and 6, is regulated by § 20

PCS. 10. Compensation pursuant to paragraph. 1-8 includes only persons who are required to pay income tax in accordance with § 8 c or local income tax.

§ 27. The Minister of Taxation shall lay down detailed rules necessary for implementation of the Act and administration.

§ 27 a. (Repealed).

§ 28. This Act does not apply to the Faroe Islands and Greenland.

Taxation, April 8, 2013
PMV
Jens Brøchner
/ Søren Schou

Official notes

1) This Decree contains comments on the principal commencement and transitional provisions adopted in the parliamentary year 2011-2012. Regarding comments on commencement and transitional provisions for the previous amendments to the Personal Tax Reference is made to previous decrees of Personal Tax, the latest Act no. 143 of 8 February 2011.


2) There is a lack of consequential amendments in connection with the termination of a subsequent number in the provision. There will be corrected the error at the earliest opportunity.

3) The provision in § 4 a paragraph. 1, no. 3, is amended by § 9, no. 7 of Law no. 433 of 16 May 2012. redraft of the provision with effect from 1 January 2014, in accordance. § 15 paragraph. 2 of Law no. 433 of 16 May 2012 as amended by § 23, no. 2 of Law no. 1354 of 21 December 2012.

4) The amendment to § 13 paragraph. 5 arising from § 3 of Law no. 921 of 18 September 2012 is not included in this consolidated act since, at the change-print legal text was included in the determination again by § 4, no. 6 of Act no. 1395 of december 23, 2012.

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