Act On Tax Depreciation (Depreciation Act)

Original Language Title: Bekendtgørelse af lov om skattemæssige afskrivninger (afskrivningsloven)

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Overview (table of contents)

Chapter 1

Scope of the Act


Chapter 2

Operating equipment and ships


Chapter 3

Buildings, installations and drainage and irrigation systems on farms


Chapter 4

Advances Depreciation


Chapter 5

Other depreciation


Chapter 5 a

Sale of contracts etc.


Chapter 6

General provisions


Chapter 7

Commencement and transitional provisions


The full text
Act on tax depreciation (depreciation Act)
hereby promulgated law on tax depreciation (depreciation Act). Act no. 1191 of 11 October 2007, with the changes resulting from § 3 of law no. 1235 of 24 October 2007, § 1 of law no. 335 of 7 May 2008, § 3 of law no. 521 of 17 June 2008, § 5 of the law no. 462 of 12 June 2009, § 4 of the law no. 521 of 12 June 2009, § 2 of the law no. 525 of 12 June 2009, § 2 of the law no. 724 of 25 June 2010, § 8 of Act no. 221 of 21 . March 2011 § 2 of the law no. 1382 of 28 december 2011, law no. 592 of 18 June 2012, § 3 of law no. 1394 of 23 december 2012 and § 20 of law no. 1604 of 26. December 2013.

Chapter 1

The scope of

§ 1. The provisions of this Act may tax depreciation is made on the costs of acquisition and improvement of assets used commercially by the taxpayers and for certain other expenses.

Chapter 2

Equipment and ships

Common provisions

§ 2. Machinery, furniture and other equipment, ships are depreciated according to the rules in this chapter if they exclusively or partially used for commercial purposes.

PCS. 2. Costs for the purchase of computer software is amortized under the provisions of this chapter, whether there is an acquisition of a perpetual use right under a software license agreement or the like.

PCS. 3. Antiques and other assets according to their nature and use normally not exposed to impairment may not be charged. Works of art can be depreciated according to §§ 44 A and 44 B.

§ 3. Operating and ships are considered acquired when running the agent or the ship is

1) delivered to an ongoing business intended to be incorporated in the company's operations and,

2) intended to be incorporated in the company's operations and

3) finished to such an extent that it can be included in the operation.

§ 4. Changes taxable use of equipment or vessels from purely commercial use for private use or vice versa, this is treated as a sale respectively purchase of the assets in question. The same applies when changing from or to partial commercial use. As the selling or purchase price applicable market value at the time when use is changed.

PCS. 2. Transferring a taxpayer who uses business rules, see. Business Tax Act section 1, a car, a phone or a computer with accessories that are used both for business and private purposes, from the company to the taxpayer, this is treated under this Act as a sale of the car phone or computer with accessories. As selling used market value at the time when the car phone or computer with the accessories out of the business rules.

Exclusively commercial used equipment, and ships

§ 5. Operating and ships as a taxpayer uses exclusively for business purposes, be charged to a total balance for each company, see. However, § 5 B.

PCS. 2. Income Depreciation is made on the basis of the depreciable balance value by income end of the year. This value is calculated as the balance of the value of the income year beginning with the addition of the acquisition cost for operating and ships acquired in the tax year and less the selling price of operating equipment and ships sold and delivered in the income year. Expenses for improvement are treated the same way as acquisition costs. Balance value of income beginning of the year is the amount by which the operating equipment and ships acquired in previous fiscal year is reduced by depreciation.

PCS. 3. Depreciation may not exceed 25 per cent. the depreciable balance value after paragraph. 2. Does the depreciable balance amount before income year depreciation a basic amount of 12.300 kr. (2010 level) or less, the amount may be deducted in full from the taxable income.


PCS. 4. For companies and associations under the Corporation Tax Act § 1. 1 pt. 1, 2 and 4, includes the acquisition cost of operating and ships covered by paragraph. 1, either acquired for rental or already on acquisition is rented, not in the depreciable balance value for the year of acquisition or income year after year of acquisition. For income year after year of acquisition can be separately amortized up to 50 per cent. of the acquisition cost of rental operations agent or -skibet. The part of the acquisition cost that is not written off, have the depreciable balance value for the second tax year after the year of acquisition.

PCS. 5. Selling a rental operation means or-ship covered by paragraph. 4 in the year of acquisition or income year after year of acquisition deducted respectively included in profit or loss in the depreciable balance value for the income year in which the sale takes place, see. However, § 9. The provisions of paragraphs. 4, 2nd and 3rd sentences. Shall not apply.

PCS. 6. Tax and Customs Administration may permit the provision of subsection. 4 shall not apply if, after the administration's discretion must be regarded as established that the acquisition of assets for rent is part of normal business driven rental business and essentially not designed to obtain access to make tax depreciation on the acquired asset . Where an authorization under the 1st clause. for a tax year, the rules on deferral of firms and associations first-year depreciation of lease assets not apply in subsequent years for lease assets covered by the permit, unless the permit lapses after the third section. A permit under the 1st clause. lapse with effect for the current and subsequent years by significant changes in the assumptions that have been crucial for the permit.

§ 5 A. If a taxpayer sold an operating means or a ship covered by this Chapter to an amount that is less than their purchase price less all depreciation, the loss can be deducted in the income year in which the operating means or the ship is sold. The calculation of depreciation is done with the percentage that the taxpayer used in accordance with § 5, paragraph. 3. Scrapping and the like treated as a sale. Selects the taxpayer to deduct the loss can not be deducted from the relevant asset in the year of sale. Balance value in accordance with § 5 of the income year beginning in this case must be decreased by any residual value of the acquisition cost of the asset. The taxpayer can only deduct the costs of losses to the extent that the reduction of any residual value of the purchase price after the fifth section. does not lead to a negative balance after § 5.

§ 5 B. Vessels with a gross tonnage of 20 tonnes or more, used for commercial transport of passengers or goods, are amortized on a separate balance when

1) the taxpayer is subject to the Corporation Tax Act § 1. 1 pt. 1 and 2 or paragraphs. 6

2) the taxpayer is subject to the Corporation Tax Act § 2. 1, point a, and is resident in another EU Member State, or

3) the ship bareboat chartered (bareboat) or acquired for the purpose of such rental.

PCS. 2. Depreciation shall not exceed 12 per cent. the depreciable balance value. For newly built ships, which alone is covered by paragraph. 1 pt. 1 and 2 which are not subject to taxation under the Tonnage Tax Act, the depreciation in the first year, which can be made depreciation, however, reach 20 per cent. of the acquisition cost, after which the remaining part of the acquisition cost added to the depreciable balance value for the subsequent years. § 5 A shall apply mutatis mutandis. § 5 pieces. 4-6, and § 6 shall not apply.

PCS. 3. For ships covered by § 5, which is covered by paragraph. 1 and 2, calculated the balance after these pieces by apportioning the existing balance on the basis of the book value of the vessels and the carrying value of other assets. The rules in the first section. shall apply when ships covered by paragraph. 1 and 2 are covered by § 5.

§ 5 C. The following operating equipment is depreciated on a separate balance:

1) Vessels with a gross tonnage of 20 tonnes or more, used for commercial transport of passengers or goods and which are not covered by § 5 B.

2) aircraft and railway rolling stock.

3) Drilling rigs, production platforms and other installations for prospecting, exploration, extraction and refining of oil and gas.


4) Fixed installations for the production of heat and electricity with a capacity of over 1 MW and facilities for the abstraction of water for public water supply system, see. Water Supply Act § 3, paragraph. 3.

5) Waste water treatment installations.

PCS. 2. The following infrastructure is amortized on a separate balance:

1) Installations for the transport, storage and distribution, etc. of electricity, water, heat, oil, gas and sewage.

2) Installations for the transmission of radio, television and telecommunications.

3) Fixed railway equipment.

PCS. 3 pieces. 1 and 2 shall not apply to assets, to the extent these are amortized in accordance with Chapter 3. Paragraphs. 1 and 2 shall not apply to the part of the plants, etc., consisting of computer software and computer hardware.

PCS. 4. 1) Depreciation of assets covered by paragraph. 1 may not exceed 15 per cent. the depreciable balance value. In the tax years 2008 and 2009, the depreciation rate in the first section. 23 per cent., In the financial years 2010 and 2011, the depreciation rate is 21 per cent., In the financial years 2012 and 2013, the depreciation rate is 19 per cent., And in the financial years 2014 and 2015, the depreciation rate is 17 percent. Depreciation of assets covered by paragraph. 2 may not exceed 7 per cent. the depreciable balance value. The rules for operating equipment covered by § 5, except § 5, paragraph. 4-6, § 5 A and § 6 apply mutatis mutandis.

PCS. 5 pieces. 1, no. 4, does not apply to wind turbines acquired in the fiscal year ending before income year beginning 1 January 2013 or later.

PCS. 6 pieces. 4, 2nd sentence. Shall not apply to wind turbines.

§ 5 D. The taxpayer can rather than depreciate by § 5 choose to write off the cost of purchasing new equipment that is used exclusively for business purposes, in a separate balance, the acquisition price includes 115 pct., Cf.. However paragraph. 2-7. For new operating understood durable goods acquired by the taxpayer as new.

PCS. 2. It is a condition for depreciation under subsection. 1, the purchase price referred to in paragraph. 1 can not be deducted (written off) in accordance with § 6 paragraph. 1.

PCS. 3 pieces. 1 shall not apply for the purchase of passenger cars and ships.

PCS. 4. Income Depreciation after paragraph. 1 is made on the basis of the depreciable balance value by income end of the year. This value is calculated as the balance of the value of income beginning of the year increased by 115 per cent. of the acquisition cost of assets acquired during the year of the meaning. However paragraph. 7, and the deduction of 115 per cent. of the selling price of durable goods sold and delivered in the income year, and enrolled at the separate balance by 115 per cent. of the acquisition cost. Balance value of income beginning of the year is the amount by which the assets acquired in previous fiscal year is reduced by depreciation under subsection. 1.

PCS. 5. Depreciation after paragraph. 1 may not exceed 25 per cent. the depreciable balance value after paragraph. 4.

PCS. 6. § 5, paragraph. 4-6, and § 5 A shall apply mutatis mutandis for operating under paragraph. 1.

PCS. 7. Paragraph. 1 only applies to assets acquired before 31 December 2013 pursuant to. § 3. The depreciable balance value after paragraph. 4 must be added to balance the value in accordance with § 5 by the end of the tax year 2017. The resulting total balance of value, from the income year 2018 are treated in accordance with § 5.

PCS. 8. 2) Subsection. 1-7 apply correspondingly to wind turbines.

§ 6. The taxpayer can rather than depreciate by § 5 choose to deduct (write off) the entire purchase price for the following operating assets etc. in the taxable income for the tax year in which the acquisition takes place, see. However paragraph. 3:

1) Operating whose physical life expectancy is assumed not to exceed 3 years.

2) Operating equipment with a cost of a basic amount of 12.300 kr. (2010 level) or less. Assets in a kit or the like as well as assets that are intended to work together, considered one operating agent. Assets that are intended to work with already acquired asset, can not be written off if the total purchase price exceeds the base amount. Refurbishment expenses equivalent to the cost of purchasing assets that are intended to work with already acquired asset.

3) Operating equipment and vessels for experimental and research company apart from operating equipment and vessels used in exploration for minerals.

4) Computer software.

PCS. 2. Selling an asset whose purchase price in accordance with paragraph. 1 fully deducted from taxable income for the year of acquisition, the purchase price included in the taxable income for the tax year in which the supply takes place, see. However, § 9.


PCS. 3. Companies and associations covered by the Corporation Tax Act § 1. 1 pt. 1, 2 and 4, can not deduct the cost of acquisition of assets covered by paragraph. 1 pt. 1, 2 and 4, which will be acquired for rental or already on acquisition is rented, in the taxable income for the tax year following the year of acquisition. Customs and Tax Administration may in accordance with § 5, paragraph. 6, allowing the first section. should not apply.

PCS. 4. Selling an asset under paragraph. 3, the sales price less any acquisition cost, which does not fully deducted from taxable income, included in the taxable income for the tax year in which the supply takes place, see. However, § 9.

§ 7. Cost of repairing an injured operation means or ship deducted from taxable income for the tax year in which the repair is made.

PCS. 2. Are there paid an insurance or compensation in connection with the damage amounts deducted only the amount by which the cost of repair exceeds the insurance or compensation sum. If insurance or compensation sum is greater than the repair costs, the excess amount deducted from the balance value according to § 5.

PCS. 3. As the repair costs are considered cost incurred to put the asset in the condition it was in when the injury occurred.

§ 8. To the extent a negative balance, obtained as a result of the sales amounts, etc. shall be deducted from the depreciation base, see. § 5, paragraph. 2 and § 5 D, paragraph. 4, not included in the calculation of taxable income for the tax year in which it occurred, it must be offset by acquisitions or included in the calculation of taxable income for the next fiscal year.

PCS. 2. The calculation of the balance referred to in paragraph. 1, the taxpayer may choose to make the calculation on the basis of the sum of balances in accordance with § 5, paragraph. 2 and § 5 D, paragraph. 4.

PCS. 3. The deadline for the compensation of a negative balance amount can be subject to authorization by customs and tax administration extended where there is an agreement on ordering assets for delivery before the deadline under subsection. 1 and the acquisition of these assets can offset the negative balance. Permission is granted if the assets because of the supplier relationship can only be supplied after the deadline and the taxpayer has not been able to foresee or prevent an overrun of the time limit under paragraph. 1. The authorization may be made conditional on the provision of security for the tax.

§ 9. In the income year in which a company is sold or otherwise terminated (end year), there can not be written off or written off the assets or to ships covered by this chapter. Gains or losses are included in the calculation of taxable income for the year of cessation and calculated as the difference between, on the one hand, the selling price for the year of cessation selling operating funds and ships, including the selling price for immediately written operating and ships, and on the other side balance value at the end beginning of year plus of the amount in the year of cessation used for new acquisitions. If the balance value at the end the beginning is negative, gains or losses as the difference between on the one hand selling systems with the addition of a positive amount equal to the negative balance on the other hand, the cost of new acquisitions in the year of cessation. When calculating the balance of the value as specified in Points 2 and 3. the taxpayer may choose to make the calculation on the basis of the sum of the balance of values ​​in accordance with § 5, paragraph. 2 and § 5 D, paragraph. 4.

PCS. 2. If the balance value at the end end of the year is positive and there are still operating or ships that are not sold, continued the positive balance in subsequent years. The selling price for operating and ships sold by end year, deducted from balance value. Loss can not be deducted from taxable income for the tax year in which the last operation means or the ship is sold.

PCS. 3. In accordance with paragraph. 1 said sales amounts deducted any purchase prices as a result of the rules of § 5, paragraph. 4, see. § 5 D, paragraph. 6 and § 6 paragraph. 3, does not fully deducted from taxable income, which is not already included in the balance.

PCS. 4. Sold an operating agent or ship by end year above in paragraph. 2 cases mentioned included the purchase price in full from the taxable income for the tax year in which the sale takes place.


§ 10. The depreciation rules in §§ 5-9 can be used in docking and slipway facility that is intended for construction and repair of ships, as well as on the buildings, installations and the like, which belongs to the dock or slipway. The application of the rules to be that of an income acquired assets referred to in point 1. at a total cost of a basic amount of at least 703,400 kr. (2010 level) and that profit, etc. on the assets in question also addressed by those rules.

Partial commercial used equipment, and ships

§ 11. Operating and ships as a taxpayer uses both for business and for private purposes must be counted separately for each operating means or ship.

PCS. 2. The depreciation can be the year of acquisition calculated up to 25 per cent. of the acquisition cost of assets covered by § 5, paragraph. 1, up to 15 per cent. of the acquisition cost for operating and ships covered by § 5 C, paragraph. 1 until 7 per cent. of the acquisition cost for infrastructure installations covered by § 5 C, paragraph. 2. § 5 C, paragraph. 4, 2nd sentence. Shall apply mutatis mutandis. For each of the following fiscal year of depreciation calculated under the 1st clause. of the amount that is left unamortized by income year beginning. By thus calculated depreciation may be deducted an amount equal to the business use of the income year.

PCS. 3. Does the purchase price, or is it within depreciation reduced to a basic amount of 12.300 kr. (2010 level) or less, the amount corresponding to the business use, fully deductible from taxable income.

PCS. 4. Improvement Costs relating to plant or ships as referred to in paragraph. 1 treated as acquisition costs and amortized in the same way and with the operating medium or ship which cost concerns.

PCS. 5. For operating with a cost of a basic amount of 12.300 kr. (2010 level) or less, the § 6, paragraph. 1 pt. 2, 2nd to 4th. section. mutatis mutandis.

§ 12. Sold an operating agent or ship as mentioned in § 11, no sales year calculated depreciation of the sold operation means or ship. Gains or losses are calculated as the difference between the selling price and any residual value amount by selling the beginning plus any improvement costs incurred in the year of sale. When calculating the amount of any residual value by selling the beginning deducted the depreciation calculated for each fiscal year. Gains or losses are included in the calculation of taxable income for the year of sale of such a large proportion corresponding to the ratio between the business use for the tax years prior to the year of sale and the total use of these taxation.

§ 13. Deleted an operating agent or ship as mentioned in § 11 of the operation because of an injury can not be charged against operating agent or the ship in the income year in which the injury occurred. For this fiscal year dealt operating agent or the ship as if it is sold. Gains or losses, see. § 48, calculated in accordance with § 12

PCS. 2. If the repair of an injured operation means or ship borne expenditure in excess of one in connection with the claim paid insurance or indemnity, the part of the excess corresponding to the commercial share in driftsmidlets or ship use in the income year, deducted from taxable income. Exceeds insurance or indemnity sum repair costs, should such a large part of the excess amount corresponding to the ratio of the previous accounting adjustments and the total calculated depreciation of operating the agent or the ship for the fiscal year are included in the taxable income.

Chapter 3

Buildings, installations and drainage and irrigation systems on farms

Buildings and installations

§ 14. Commercial occupied buildings are depreciated separately for each building under the provisions of this chapter.

PCS. 2. Notwithstanding paragraph. 1 can depreciation is not performed on buildings used for

1) office

2) the business of banking, mortgage, credit institutions, guarantee fund, insurance, securities exchange, regulated market, investment companies and similar business within the financial sector, including payment services,

3) operation of the postal service, except for buildings, which happens postal sorting with industrial character,

4) residential or related purposes, except hotels and camping cabins as well as residential and buildings covered by the Social Services Act, and subjected to a similar wear, see. However, no. 5,


5) hotels and nursing homes, which are divided into condominiums, or

6) hospitals, maternity hospitals, medical clinics and houses, dental clinics, clinics for physiotherapy and other business with disease treatment.

PCS. 3. Notwithstanding paragraph. 2, Nos. 1-3, the buildings or premises which is located in connection with commercial buildings are written off when the buildings or premises serves the operation of the business to which the depreciable buildings are used. Under the same conditions include the provision in the first section. also excavations, roads, yards, parking lots, fences or the like, but not the cost of acquiring reason. Notwithstanding paragraph. 1, buildings or facilities, except garages and laboratories are located in relation to commercial buildings which can not be depreciated under subsection. 2, nor written off when the buildings or premises serves the operation of the undertaking to which the non-depreciable buildings are used. Under the same conditions include the provision in the third section. also excavations, roads, yards, parking lots, fences or the like.

§ 15. Installations, dedicated to buildings on which can be written off in accordance with § 14, treated and depreciated as these buildings. It does not apply to installations which have been depreciated in accordance with paragraph. 2 or 3.

PCS. 2. Installations used exclusively for business purposes, and are not covered by paragraph. 1, depreciated separately for each installation under the provisions of this chapter. If multiple installations of a building acquired in the same fiscal year, the relevant installations, however, depreciated together.

PCS. 3. Installations used for both business and private purposes, depreciated separately. Depreciation is calculated on the total purchase. Of the calculated depreciation may by calculating taxable income reduced by an amount corresponding to the business use of the income year.

PCS. 4. There can not be counted against installations in residential buildings with one or two independent apartments (one- or two-family houses). Owners of condominiums that are used for residential, can not write off the installations in the building in which his own apartment there.

§ 16. A building or installation shall be deemed to have been acquired in the income year in which the building or installation acquired or constructed and used for commercial purposes. Cost of refurbishment and improvement is deductible from the income year in which the expense is incurred, and the redevelopment or improvement are commercially used.

§ 17. Depreciation of buildings according to § 14 and installations according to § 15 paragraph. 1 and 2, starting in the year of acquisition is made up 4 per cent. year of the acquisition cost. Depreciation of installations covered by § 15 paragraph. 3, calculated up to 4 per cent. of the acquisition cost.

PCS. 2. The paragraphs. 1 shall depreciation rate is increased when it is assumed that the building or installation is subjected to such physical deterioration that, despite normal maintenance will have lost its value within 25 years after construction. The depreciation rate increased to a rate equal to the sum of 3 per cent. and a rate equivalent to that building or installation is amortized in equal annual amounts over the anticipated lifetime.

PCS. 3. If a building which can be depreciated according to § 14 paragraph. 3, attached to a building for which the depreciation rate increased by paragraph. 2, apply the higher rate also for the associated building.

§ 18. Costs of alteration or improvement depreciated separately, see. § 17. If the cost incurred in the same tax year, the depreciation should be undertaken jointly.

PCS. 2. Expenses for renovation or improvement of depreciable buildings and installations covered by § 15 paragraph. 2 or 3 may instead be deducted immediately to the extent that income year cost of maintenance, refurbishment and improvement does not exceed 5 per cent. of the depreciation base for the building or installation which the costs relate, for the year preceding the income year in which the expense is deductible. In determining whether expenditure exceeds 5 per cent. the basis of depreciation, included only expense for maintenance. Expenses for extension will apply only alteration or improvement expenses when the extension is a natural part of the existing building. In rebuilding or improvement of installations covered by § 15 paragraph. 3, deductible only the portion of the amount determined by the 1st and 2nd section. Corresponding to the business use of the income year.


PCS. 3. The deduction under subsection. 2 is made in the income year in which the expense is incurred regardless of whether the redevelopment or improvement yet not engaged in trade according to § 16, 2nd sentence. The deduction can not be made in the income year in which there can be amortized in the building or installation, see. § 20, or in the income year in which the building or installation procured see. § 16, section 1.

PCS. 4. Cost of which is deducted under paragraph. 2, is not regarded as depreciation and shall be excluded from the purchase price in determining taxable profit or loss in accordance with § 21. The alteration or improvement of installations covered by § 15 paragraph. 3, the first section. apply to the amount calculated in accordance with paragraph. 2, 1st and 2nd clauses.

PCS. 5. To the extent cost of rebuilding or improvement is offset by insurance or indemnification fee can not be deducted by the rule in paragraph. 2.

§ 19. Use only part of a building for purposes that justify depreciation in accordance with § 14, may be charged on the portion of the acquisition cost, is proportional to the said building element floor area. By increasing the proportion of the total purchase price, which justifies the depreciation for the first section., The part of the acquisition cost, which before the change was deductible and the portion of the purchase price at which the depreciable portion of the acquisition cost increases, separate depreciation basis. By reducing the portion of the total purchase price, justifying depreciation by 1 point. Represents the reduced depreciable portion of the purchase price a separate depreciation basis. The part of the acquisition cost, which can not subsequently be deducted from, constitutes a separate basis. The sum of the depreciation percentages for each separate depreciation basis can not exceed 100.

PCS. 2. Expenses for refurbishment and improvement can be amortized in accordance with § 18, where the cost directly related to the depreciable portion of the building.

PCS. 3. Costs for refurbishment and improvement that are not directly attributable to the depreciable or non-depreciable portion of the building can be written off in accordance with § 18 by the ratio of the depreciable building part of floor space and the building's total floor area.

PCS. 4. If less than 25 percent. of the building's floor area for deductible purposes, including depreciation according to § 14 paragraph. 3, there may be charged against a building where the said floor area of ​​300 square meters.

PCS. 5. Is that part of the building's total purchase price attributable to housing, provided by § 45, that portion not in the part of the acquisition cost that justifies depreciation under subsection. 1. In other cases included in the purchase price in accordance with paragraph. 1 not the part that after a freehold distribution of property after assessing Act § 33 is attributable to the property owner. Similarly included floor area of ​​this building is not in accordance with paragraph. 1.

§ 20. The depreciation can not be made in the income year in which the building is sold or demolished. The same applies when an installation covered by § 15 paragraph. 2 or 3, sold, exchanged or taken down finally.

PCS. 2. discontinues the taxpayer to use the building or installation professional, can the building or installation is not amortized in the income year in which such use has occurred.

§ 21. Recovered depreciation or losses on the sale of buildings or installations, which are depreciated according to § 14 or § 15, included in the taxable income for the year of sale in accordance with paragraph. 2-6, unless § 24 shall apply.

PCS. 2. The profit is calculated for each building or installation covered by § 15 paragraph. 2, as the difference between the selling price and the impaired value. The latter value is calculated as the depreciable cost of acquisition, improvement, etc., less all depreciation, including advance depreciation and advance depreciation. For buildings referred to in § 19 calculated the average percentage of the total purchase price, as the depreciable costs of acquisition and improvements, etc. amount. The average share may always be set to at least the amount that could be written off if there had been maximum depreciation on the building in the period in which the building has been deductible. The share of the total selling price to be included in the calculation under the first section. and paragraphs. 3, made up of the share is calculated after 3rd and 4th section. As recycled depreciation included no more than the depreciation, including advance depreciation and advance depreciation of the sold asset.


PCS. 3. Loss is calculated for each building or installation covered by § 15 paragraph. 2, as the difference between the written-down value and the sales price.

PCS. 4. For installations that are depreciated according to § 15 paragraph. 3, gains or losses as the difference between the selling price and the impaired value of sales beginning of the year plus any improvement costs incurred in the year of sale. Determining the impaired value when selling the beginning deducted the depreciation calculated for each fiscal year. Gains or losses are included in the calculation of taxable income for the year of sale of such a large part equivalent to the ratio of income by a total deducted depreciation and the total calculated depreciation. As recycled depreciation taxed in total, the deducted depreciation.

PCS. 5. Selling a building or installation owned by one or more persons to a company, etc., and the sellers have a controlling influence on the company's conduct because of holding in some form of ownership, statutory provision, agreement or joint management, the loss in accordance with paragraph. 3 or 4 can not be deducted. By controlling influence because of shareholding means ownership or disposal of voting rights, so as to directly or indirectly owned more than 50 per cent. of the share capital or holding more than 50 per cent. of the votes. In other cases there is control, through ownership, provided directly or indirectly owned more than 50 per cent. in ownership.

PCS. 6. For the sale of a building in which the taxpayer before the acquisition of the building has depreciated in accordance with § 39, included at cost in the statement of profit or loss also include the portion of the costs incurred for leasehold improvement, similar to those in rental period depreciation. The calculation of all depreciation included the following § 39 paragraph. 1 and 2, depreciation.

§ 22. When a building on which is written off in accordance with § 14, demolished, can be made a deduction from taxable income for the tax year in which the demolition happens. The deduction is calculated as the building down value according to § 21 paragraph. 2, less any selling of buildings or materials, etc. The same applies when an installation on which is written off according to § 15 paragraph. 2 or 3, replaced or taken down finally. For installations, which are depreciated according to § 15 paragraph. 3, calculated the deduction as part of the written-down value according to § 21 paragraph. 4, less any selling price corresponding to the ratio of depreciation, which in total is deducted in calculating taxable income, and the total calculated depreciation. Deductions under the 1st clause. may only be made where the taxpayer for at least 5 years before the demolition has owned the building or installation and for a period of at least the same length while the taxpayer has owned the building or installation, applied it to a depreciable purposes.

PCS. 2. If the condition in paragraph. 1, 5. section. Are not met, the loss can be deducted in the income year in which the property or the part of the property where the building or installations were located, are sold. The loss is calculated as the building or installation down value at the time of the demolition reduced by the possible selling of buildings, installations or materials, etc.

§ 23. If a building or installation takes an injury that can not be corrected by normal maintenance can depreciation as from the income year in which the damage occurs only calculated on the proportion of the purchase price corresponding to the ratio of the building or installation value after the injury occurred and the value immediately before. The impairment has happened as a result of an injury that can be deducted in the income year in which the injury occurred. With regard to expenditure that is used to repair such damage, the § 18 paragraph. 1 shall apply.

§ 24. If a taxpayer by an injury to his property received a compensation or insurance and make reconstruction or remodeling of the injured building, the rules in paragraphs. 2-11 when

1) the reconstructed buildings, etc. is on the same property as the affected buildings, see. However paragraph. 6 and

2) reconstruction etc. is done either in the income year in which the damage occurs, or the next succeeding fiscal year, the deadline for reinstatement no sooner expires with the next income year after the income year in which compensation sum is fixed finally.

PCS. 2. In special circumstances, the periods specified in paragraph. 1 extended by permission of the customs and tax administration.


PCS. 3. Depreciation and amortization base continued regardless of the amount of damage and is not affected by the expenses incurred for reconstruction, etc., or of compensation or the sum insured if the expenditure corresponding to the received compensation or insurance.

PCS. 4. Is the amount used for reconstruction, etc., exceeds the insurance or compensation sum, the taxpayer may in addition to the paragraph. 3, the depreciation charge depreciation on the portion of the surplus that can be considered for use on depreciable buildings or installations. Depreciation on the excess amount shall be made in accordance with § 18 paragraph. 1, the amortization of conversion and improvement costs.

PCS. 5. Is the amount used for reconstruction, etc., less than insurance or compensation sum, deducted from the balance of the depreciation base following paragraph. 3. In the subsequent sale of the building is considered the amount as a depreciation taken in the calculation of recovered depreciation or loss in accordance with § 21 exceeds the difference is the written down value at the time of the damage, included the excess of the balance in the taxable income for the tax year in which rebuilding latest must have happened, see. paragraph. 1 pt. 2 and paragraph. 2.

PCS. 6. Notwithstanding paragraph. 1 pt. 1 are not met, paragraph. 2-5 apply if

1) a law or a public authority provision prevents the restoration done on the property where the affected buildings, etc. existed or

2) injury affects one or more commercial properties belonging to the same owner and constitute a single unit, and the owner wants to carry out reconstruction on another of these properties than the injured.

PCS. 7. The provisions of paragraphs. 6 applies only if the taxpayer within the time limits in accordance with paragraph. 1 pt. 2 and paragraph. 2, making the reinstatement of an amount at least equal to the compensation or the sum insured.

PCS. 8. Where the total cost of a restoration on a property other than the property where the affected buildings were, claims or insurance, added to the excess depreciation base for the rebuilt building etc. Failing reinstatement of several buildings, etc, distributed the surplus to depreciation bases for the reconstructed buildings, etc. according to the proportion of the total cost of reconstruction of individual buildings, etc.

PCS. 9. When reconstruction of buildings etc. on a property other than the property where the affected buildings, etc. were found, the part of the basis for depreciation and amortization of buildings, etc. on the injured property, which is attributable to the injured. Failing reinstatement of several buildings, etc, distributed the part of the basis for depreciation and amortization attributable to the injured, according to the proportion of the total cost of reconstruction of individual buildings, etc.

PCS. 10. For the purposes of the rules in paragraphs. 2-9, the rules of property gains tax Act § 10 used simultaneously.

PCS. 11. If reconstruction or replacement does not take place within the paragraph. 1 and 2 time periods, the recycled depreciation, see. § 21, plus 5 per cent. for each year from the end of the income year in which the recycled depreciation observed until the end of the income year in which reconstruction later than should have been included in the taxable income for the last fiscal year.

§ 25. Expenses for the acquisition and improvement of buildings that do not qualify for depreciation in § 14 can be written off if the building is built on leased land, except for buildings used for residential or commercial purposes. The depreciation can from the year of acquisition or year of improvement made by up to 4 per cent. year of the acquisition cost or improvement costs. The annual depreciation may not exceed an amount equal to the depreciation in equal annual amounts over the lease period if the lease is concluded for a fixed period or over a period in which the tenant is secured tenure. If at the end of the lease compensation for buildings with an amount fixed in advance, reducing the depreciation base with this amount.

PCS. 2. For real estate, on which rests a decommissioning or demolition clause and who do not qualify for depreciation in § 14, the provisions of subsections. 1 correspondingly.


PCS. 3. The purchase price of real property on which rests a home fall obligation or other obligation of a similar nature. See however paragraph. 2 may be starting in the year of acquisition is amortized over the number of years until the time when the home fall right may be exercised, other than real property used for residential or commercial purposes. If the property's buildings qualify for depreciation in § 14, the acquisition cost of buildings is depreciated under that provision. The depreciation for the first section. done on an incremental scale fixed by the Tax Board. If at home dropped to happen refund or compensation by a predetermined amount, reduced depreciation base with the amount.

PCS. 4. If a substantial portion of a property, which paragraph. 1, 2 or 3, commercially for non-residential buildings, there may be amortized as much a part of the acquisition cost, which corresponds proportionally to this part of the property.

PCS. 5. Installations set up exclusively for buildings which can be amortized in accordance with paragraph. 1, 2 or 3 treated and depreciated as these buildings.

PCS. 6. There may not be charged in accordance with paragraph. 1 or 2 in the income year in which the lease is terminated or killing, or the demolition happened. Nor is amortized in the income year in which an abandonment clause demolition clause or home fall obligation abandoned. Also, there may not be written off in the income year in which a building or property covered by paragraph. 1, 2 or 3 sold.

PCS. 7. There may not be charged in accordance with paragraph. 1 or 2, if as a result of that one party has control over the other party's conduct or at lease between related not is a real risk for termination of the lease. Moreover, no depreciated at lease where the lease is entered into between companies or between individuals and companies, to the extent related parties have a controlling interest in the company or companies that are party to the lease. Controlling interest will always exist if one or more persons because of ownership or disposal of voting rights directly or indirectly owns more than 50 per cent. of the share capital or controls more than 50 per cent. of the voting rights in a company that is a party to the lease. In other cases there is a controlling interest if they directly or indirectly owned more than 50 per cent. in ownership. As related considered the taxpayer's spouse, parents and grandparents, children and grandchildren and their spouses or estates of the persons mentioned. Stedbarns- and adoptive equated with real parentage. Similarly, there may not be written off if there is a real risk that a decommissioning or demolition clause will be invoked. There may not be charged if compensation is awarded under assessment for buildings or property covered by paragraph. 1, 2 or 3, or if the tenant is plus an option to purchase the leased land at the rental period on terms that differ from market conditions.

§ 26. Upon termination of the lease or abandonment of an apartment, etc., before proceeding with full amortization of the purchase price for the buildings, etc. according to § 25 paragraph. 1 or 2, it can be any residual value amounts deducted from taxable income in the income year in which the lease terminates or shedding occurs. This does not apply if the lease is terminated as a result of the tenant to buy the land.

PCS. 2. The provisions of § 21 shall apply mutatis mutandis from the sale of buildings and properties, which are depreciated according to § 25 paragraph. 1-3. Losses can not be deducted.

PCS. 3. demolished a building that is written off as a result of that it is built on land leased or imposed property a home fall obligation or other obligation of a similar nature may be taxable income for the tax year in which the demolition is done, made a demolition deduction. The deduction is the amount of any residual value reduced by any sales amounts for materials, etc. For buildings subject to § 25 paragraph. 4, calculated the amount of any residual value on the basis of the average share of the acquisition cost, as the depreciable cost of acquiring and improving form.

Drainage and irrigation systems on farms

§ 27. Expenses incurred for the construction of drainage systems and land fixed parts of irrigation systems on farms depreciated by up to 20 per cent. annual taxable income as from the income year in which the facility is completed and commercial use. It is a condition that the plant and the holding facility to serve, has the same owner as defined. However paragraph. 2.


PCS. 2. Held cost of construction of a drainage system or ground fixed parts of a field irrigation system by the lessee of the holding facility to serve, the lessee write off the cost in accordance with paragraph. 1, point 1.

PCS. 3. The sale of the property where the facility exists before expenditure is written off, enters the transferee by the transferor's tax position regarding depreciation.

PCS. 4. Upon termination of the lease by the tenant amortized cost fully, will join the owner in the lessee's tax position regarding depreciation. In cases where there has been on lease from a tenant to another tenant, will join the other tenant in the first lessee tax position regarding depreciation.

Chapter 4

Advances Depreciation

§ 28. Advance Depreciation can be made under the provisions of this chapter on operating equipment and vessels to be used solely for business purposes, and which can be amortized in accordance with Chapter 2.

PCS. 2. Advances Depreciation of operating equipment can only be made if the taxpayer no later than 3 October 2000, entered into a binding agreement for the supply of equipment, or if the taxpayer no later than 3 October 2000, the planned production of such asset in their own business.

PCS. 3. There can not be made advances depreciation of assets, which are covered by §§ 5 B and 5 C.

§ 29. Advance Depreciation can be made when

1) the taxpayer has either made binding agreement to provide operating funds or the building of the ship or plans to produce them in their own company,

2) delivery or completion of operating funds or ships under the contract or plans at the earliest to happen in the first and later in the fourth fiscal year after ordering or planning year and

3) the total agreed purchase price or if the assets to be produced in their own company, the estimated acquisition cost of assets with the same ordering or planning year exceeds a basic amount of 1,406,800 kr. (2010 level).

PCS. 2. Does it fall right to depreciation of assets more taxable, the individual taxable only advance depreciate if the individual's share of the agreed or estimated acquisition cost of assets with the same ordering or planning year exceeds the base amount under subsection. 1, no. 3. Should the assets used in different companies, the taxpayer may only advance depreciate when the purchase price for the assets of each company exceeds the base amount.

§ 30. Advance Depreciation can first be made in the calculation of taxable income for ordering or planning year and last time at income for the third fiscal year after ordering or planning year. Companies and associations covered by the Corporation Tax Act § 1. 1 pt. 1, 2 or 4, the effective date advances depreciate the equipment, and the ships acquired for rental or by entering into binding supply agreement is rented, the year following the income year in which ordering or planning has been . Customs and Tax Administration may in accordance with § 5, paragraph. 6, allowing the second section. should not apply.

PCS. 2. Advances Depreciation can only be made on the assets of the income year not yet fulfill the conditions of § 3 to be amortized.

§ 31. Advance Depreciation is based on the portion of the total contracted or estimated acquisition price which exceeds the basic amount according to § 29 paragraph. 1 pt. 3 (advance amortization basis), but only to the extent that the acquisition cost can be depreciated under this Act. Any subsequent increases are not included in the advance depreciation.

PCS. 2. Forskudsafskrivningen can be made up to 15 per cent. year of advances depreciation. Forskudsafskrivningen may total a maximum of 30 per cent. of said base.

§ 32. When operating equipment or vessels, which are advances written off, are depreciable in accordance with § 5, are deducted from the assets' actual cost of the total contracted or estimated acquisition as the assets are acquired. The purchase price is deducted only in the basic amount as set. § 29 paragraph. 1, no. 3. Then deducted from the excess of the purchase price in advance depreciation basis, see. § 31 paragraph. 1. There may in each fiscal year alone advance depreciated on the part of the advance depreciation base remaining at the income year.


§ 33. To the extent an asset acquisition pursuant to the provision in § 32 are deducted from the advance depreciation basis, calculated the advance depreciation made on the asset. Advance depreciation for each asset is calculated by multiplying the total advances depreciation percent of the portion of the actual cost, which are deducted from the advance depreciation. If more assets are depreciable in the same fiscal year, allocated the portion of the actual cost, which are deducted from the advance depreciation basis, prorated for assets.

PCS. 2. Advances depreciation of the proceedings. 1 is made on an individual asset, deducted from the depreciable acquisition cost. The remaining purchase price under the rules of § 5, paragraph. 1-3.

§ 34. Failure to respect the conditions for advance depreciation does not increase taxable income for the tax year in which this turns out, however, by the end of the fourth fiscal year after ordering or planning year. The increase is carried out with the addition in accordance with paragraph. 2.

PCS. 2. If at the end of the paragraph. 1, point 1., That period remains a part of or the entire advance basis of depreciation in accordance with § 32, see. § 31 paragraph. 1, multiplied for each forskudsafskrivningsår the remaining advances depreciation basis with the advance depreciation rate used in case forskudsafskrivningsår. Each of the resulting amount plus 5 per cent. for each year from the end of the case forskudsafskrivningsår until the end of the paragraph. 1, point 1., Said period. The increase plus the sum of those amounts.

PCS. 3. The rules in paragraphs. 1 and 2 shall apply mutatis mutandis for assets subject to tax in this country when this tax liability ceases for any reason other than the taxpayer's death. When a person or a company, etc., which are fully taxable in Denmark, under the provisions of a tax treaty concluded between Denmark and a foreign state, the Faroe Islands and Greenland are resident outside Denmark, equated this with the termination of tax liability.

§ 35. If the taxpayer dies or goes bankrupt and the remaining part or all of the advances basis of depreciation in accordance with § 32, see. § 31 paragraph. 1, increased the taxable income for the tax year in which the advance written off, irrespective of the deadline in the Tax Act § 26 paragraph. 1. The increase is calculated for each forskudsafskrivningsår as the remainder of the advance depreciation base multiplied by the advance depreciation rate used in case forskudsafskrivningsår plus 5 per cent. for each year from advance depreciation end of the year to the end of the death or bankruptcy of the year.

PCS. 2. Paragraph. 1 apply by analogy to a company that ceases or sold.

PCS. 3 pieces. 1 shall not apply to the extent that advance depreciation taken over by estate Tax Act § 39 paragraph. 1 or § 45 paragraph. 1, or surviving spouse joins the deceased's tax position for probate Tax Act § 59 paragraph. 1, see. However, § 59 paragraph. 2, no. 1

§ 36. The deadline for the increase of taxable income in accordance with § 34, after authorization by the customs and tax administration extended by up to three years if the assets are depreciable before the end of the fourth fiscal year after ordering or planning year, when the delay is due to technical factors or supplier's bankruptcy and the taxpayer could not have predicted or prevented the delay or delay is due to customs and tax authorities or other authorities' own circumstances.

§ 37. (Repealed)

Chapter 5

Other depreciation

§ 38. On properties with deposits of gravel, clay, limestone, etc., the owner can write off the depreciation of property that occurs as a result of the exploitation of these deposits. The depreciation represent the portion of the purchase price attributable to the occurrences. The depreciation will take place as depreciation.

§ 39. Costs of alteration, improvement or leasehold improvements, are used commercially for purposes other than residential, depreciated by up to 20 per cent. yearly. If the lease is concluded for a fixed period, the annual depreciation may not exceed an amount equal to the depreciation in equal annual amounts over the lease period. If the lease can not be terminated by the lessor for a predetermined period, the annual depreciation may not exceed an amount equal to the depreciation in equal annual amounts over the non-cancellable period. If the lease can not be terminated by the lessor without time limitation, there is amortized to in § 17 above rates.


PCS. 2. For leases where as a result of that one party has control of the other party's conduct or by lease between related parties, is not a real risk of termination can not be written off. Moreover, no depreciated at lease where the lease is entered into between companies or between individuals and companies, to the extent related parties have a controlling interest in the company or companies that are party to the lease. Controlling interest will always exist if one or more persons because of ownership or disposal of voting rights directly or indirectly owns more than 50 per cent. of the share capital or controls more than 50 per cent. of the voting rights in a company that is a party to the lease. In other cases there is a controlling interest if they directly or indirectly owned more than 50 per cent. in ownership. As related considered the taxpayer's spouse, parents and grandparents, children and grandchildren and their spouses or estates of the persons mentioned. Stedbarns- and adoptive equated with real parentage. There may also not be written off if the tenant is plus an option to purchase the leased premises by renting period on terms that differ from market conditions. If the premises after their application under § 14, the tenant may depreciate to in § 17 above rates.

PCS. 3. There can not be written off in the income year in which the lease is terminated.

PCS. 4. In case of demolition before the expenditure is written off in full, the balance may be deducted from demolition year. This does not apply to tenancies covered by paragraph. 2.

PCS. 5. If the lessee acquires the building in which the leased premises are located, an unamortized balance of costs of leasehold improvement, not included in the purchase price of the building, added to cost for the building and depreciated together with the in § 17 above rates.

PCS. 6. On disposal of leasehold improvements included gains or losses on conversion and improvement costs, devices etc. in the calculation of taxable income. The profit or loss is calculated as the difference between, on the one hand, the sales price and on the other hand, the depreciable cost of purchasing, upgrading, etc., less all depreciation.

§ 40. On the acquisition of goodwill transferee as from the income year in which reached final agreement on the transfer, write off the purchase price from its taxable income by up to 7.1 annually.

PCS. 2. Acquisitions of other intangible assets such as special process, or the like (know-how), patents, author and artistic property and the right pattern or trademark or entitlement according to a dividend, lease or lease the transferee as from the income year which reached final agreement on the transfer, write off the purchase price from its taxable income by up to 7.1 annually. The acquisition price of license, permission or rights for prospecting, exploration and production of hydrocarbons, written off in equal annual amounts over the period of entitlement. Is the transfer of a dividend rights under the Assessment Act § 12 B, paragraph. 7, the transferee may not depreciate by 1 point. On the acquisition of rights protected by other legislation, and the protection period of the agreement date is less than 7 years, replaced the rate mentioned in the first paragraph., At a rate which corresponds to the acquisition cost is amortized by equal annual amounts over the period of protection.

PCS. 3. Compensation in connection with the abandonment of agency or similar consideration for the assumption of barriers to access to free enterprise (competition clauses) when the remuneration granted once for all, as well as remuneration for the relief of pension commitments that are not covered by a pension institution depreciated the provider's taxable income by up to 7.1 annually. Does this type of service together less than 5 per cent. of the total wage bill of the service provider's activities in the fiscal year shall be deducted, however, they fully by calculating taxable income for this fiscal year.

PCS. 4. There can not be amortized in the income year in which an asset as referred to in paragraph. 1 and 2 are sold or abandoned.


PCS. 5. The transfer between an individual and a company, etc. or between companies, etc. with each other, where one of the parties to the transfer because of share ownership, statute provision, agreement or joint management has control over the other's behavior, reduced the acquirer's depreciation base following paragraph. 1 by an amount corresponding to the non-depreciable portion of the transferor's acquisition cost. By controlling influence because of shareholding means ownership or disposal of voting rights, so as to directly or indirectly owned more than 50 per cent. of the share capital or holding more than 50 per cent. of the votes. In other cases there is control, through ownership, provided directly or indirectly owned more than 50 per cent. in ownership.

PCS. 6. On the sale or abandonment of assets covered by paragraph. 1 and 2 are included in profit or loss when calculating taxable income. Gains or losses are calculated as the difference between the sales price and cost less for all depreciation, including advance depreciation. In a contract for the sale or abandonment of dividend rights under the Assessment Act § 12 B, paragraph. 6, the 1st and 2nd clauses. not apply.

PCS. 7. Tax and Customs Administration provides for the taxpayer's request, interest-free deferral of tax on profits under subsection. 6, 1st and 2nd clauses. If the consideration consists of an annuity as subject Assessment Act § 12 B, paragraph. 1-5. Constituted consideration for an asset under paragraph. 1 and 2 only in part of such monthly benefit may be deferred for the portion of the tax on the profits as corresponds to the relationship between the capitalized value of the annuity sales price for the asset. In the income year in which profits included in taxable income, are deducted from deferred amount in the final tax included in the calculation of tax underpaid and overpaid tax under PAYE Act §§ 60-62, see. § 62 A, or Corporation Tax Act § 29 B, paragraph. 4 and 5. Constituted consideration for an asset under paragraph. 1 and 2 only in part of such monthly benefit may be deferred for the portion of the tax on the profits as corresponds to the relationship between the capitalized value of the annuity sales price for the asset. There can be to the same extent be deferred labor under §§ 4 and 5 of the Act on labor. It is a condition for obtaining the grace that the application submitted before the end of the tax return deadline for agreement year. The services received should be prepaid at the deferred amount. The amount is due on the first of the month following receipt of the benefit with payment date on 10 of the month. If payment is not made, interest shall be paid in accordance with § 7 paragraph. 2 of the Act on Collection of Taxes and Levies plus 0.4 percentage points for each month of the due date, but at least 25 kr. The interest rate can not be deducted in calculating taxable income. Paid a late fee of 65 kr. For reminders of non-payment of installments on deferred amount. Coarse and repeated breach of a deferred scheme means that the remaining deferred amounts due and payable on demand. Is the entire additional amount is not paid within 7 years following the conclusion of the transfer agreement, due payment of the balance at the end of this fiscal year, with payment date on the 10th of the following month. If the annuities definitive withdrawal within 7 years, without the recipient from the provider has achieved a sufficient amount to cover the deferred amount waived the requirement on the unpaid deferred amounts. Regardless of any grace, the municipal share of tax on profits under subsection. 6, 1st and 2nd clauses., Settled in the tax year under the Act on municipal income tax.

PCS. 8. Allowances and remuneration covered by paragraph. 3 included in the calculation of taxable income.

§ 40 A. When calculating the taxable income the cost of acquisition to acquire one share entitles the holder to produce, deliver, use, exploit or catch a certain amount of a product or a resource or to emit a certain quantity of products or resources, including polluting waste products, which can only be used once (a one-time allowance) shall be deducted in the income year in which the quota is used in production. The rules in the first section. shall apply mutatis mutandis to any shares of disposable quotas used in production.


PCS. 2. Gains or losses on sale or expiry of a one-time allowance or a portion thereof included in the calculation of taxable income for the tax year in which the quota or a share of it is sold or expires without being used in production. Gains or losses are calculated as the difference between the sales price and the acquisition cost.

PCS. 3. The purchase price referred to in paragraph. 1 and 2 are set to zero for a one-off quota or a proportion thereof allocated free of charge. The purchase price of a purchased sometime quota or a proportion thereof added to the purchase.

PCS. 4. Abandonment The sum referred to in paragraph. 2 set to zero for a one-time allowance or part which is used in production. Abandonment sum for a one-time allowance or part which expires without being used in production, is also fixed at zero.

PCS. 5. If a taxpayer owns once quotas or shares of disposable quotas with the same rights but acquired at different times, they are considered first acquired quotas or proportions of quotas for the first divested.

PCS. 6. The rights attached to the share certificates, etc. in associations under the Corporation Tax Act § 1. 1 pt. 3 and 4 are not subject to paragraph. 1-5.

§ 40 B. In determining the taxable income can purchase price for the acquisition of a quota entitling them continuously in defined periods to produce, deliver, use, exploit or catch a certain amount of a product or a resource or to derive a specific quantity of products or resources, including polluting waste products per. period (a current ratio), from and including the income year in which there is an agreement on transfer (contract year), depreciated by up to 7.1 annually. The rules in the first section. apply mutatis mutandis to shares of regular allowances.

PCS. 2. The acquisition of a current ratio in which the period for which the quota can be exercised, the agreement date is less than 7 years, replaced the rate referred to in paragraph. 1, at a rate which corresponds to the acquisition cost is amortized in equal annual amounts over the period covered by the quota can be exercised, starting from the agreement year. The rules in the first section. apply mutatis mutandis to shares of regular allowances.

PCS. 3. Gains or losses from the sale or maturity of an ongoing quota or a share of a current quota included in the calculation of taxable income for the tax year in which the quota or a share of it is sold or expire. Gains or losses are calculated as the difference between the sales price and the impaired value. The latter value is calculated as the purchase price less all depreciation.

PCS. 4. The purchase price referred to in paragraph. 1-3 is set to zero for continuous quota or a share of a current quota allocated free of charge.

PCS. 5. Abandonment The sum referred to in paragraph. 3 set to zero for continuous quota or a share of a current quota has expired.

PCS. 6. If a taxpayer owns continuous quotas or shares of regular allowances with the same rights but acquired at different times, they are considered first acquired quotas or proportions of quotas for the first divested.

PCS. 7. Milk quotas and sugar beet delivery rights are not subject to paragraph. 1-6. Rights attaching to the share certificates, etc. in associations under the Corporation Tax Act § 1. 1 pt. 3 and 4 are also not covered by paragraphs. 1-6.

§ 40 C. The purchase price of the acquisition and the transfer price on the sale of a payment entitlement after EU farm system to be included in a total balance held by the taxpayer.

PCS. 2. The balance referred to in paragraph. One must also include the acquisition cost and the sales price for a milk quota acquired January 1, 2005 or later. If the disposal of a milk quota acquired or awarded prior to 1 January 2005 not under the rules of property gains tax law must be regulation of the purchase price for a property with respectively acquisition and the transfer price for milk quota, the milk quota acquisition and the consideration received in instead included in the second paragraph. 1 shall be deducted from the income year in which the milk quota surrendered. If the taxpayer is taxed in the milk quota value of the award, the taxed amount added. The rules of the 2nd and 3rd clauses. applicable only for milk quota if the milk quota is bought or awarded May 19, 1993 or later.


PCS. 3. On the balance referred to in paragraph. 1 must include the acquisition price of sugar beet delivery rights, which the taxpayer owns or acquires October 4, 2006 or later. If the acquisition cost is calculated separately for delivery rights, which the taxpayer October 4, 2006, be used instead either an acquisition price, which shall be estimated on the basis of the total purchase price for delivery right and land or property, or a value of 2,500 kr. Per . ton pole sugar. On balance referred to in paragraph. 1 must include the transfer price for sugar beet delivery rights by the taxpayer refrains October 4, 2006 or later.

PCS. 4. The purchase price for a charge assigned payment entitlement as referred to in paragraph. 1, one charge assigned milk quota referred to in paragraph. 2 and a charge assigned delivery rights for beet referred to in paragraph. 3 included in the balance as zero. If a tenant transfers a payment entitlement free of charge to the landlord under the provisions of the Assessment Act § 7 Y paragraph. 2, the value is included in the lessee's balance with a financial consideration of zero and on the lessor's balance with a cost of zero. Payment milk quotas and sugar beet delivery rights covered by paragraph. 1-3 that have expired, are included on the balance of a financial consideration of zero.

PCS. 5. Balance value is calculated at the end of the tax year. This value is calculated as the balance of the value of income beginning of the year plus acquisition costs and net of selling prices, which in income during the year concluded on the balance in accordance with paragraph. 1-4. Balance value of the income year beginning constitute past indkomstårs costs less of previous indkomstårs selling prices regulated in the previous assessment in accordance with paragraph. 6-11.

PCS. 6. Is the balance of the value of positive income end of the year, the amount can not be deducted or amortized in the calculation of taxable income.

PCS. 7. Is the balance value negatively by income year-end, recognized a positive amount equal to the negative balance in which the balance is zero. Revenue led amount as mentioned in the first section. included in the statement of income the taxable income.

PCS. 8. If calculated according to the rules of property gains tax law appears a deductible loss on the sale of a property at the time of disposal wholly or partially used for agriculture, horticulture, nursery or orchard, see. Assessment Act § 33 paragraph. 1, or from the disposal of a forestry property referred. Assessment Act § 33 paragraph. 7, set off the sum of an income amount for the income year in which the property is sold, and the previous indkomstårs income over amounts referred to in paragraph. 7 in the loss of property to the extent that the sum can be accommodated in the loss of property. The tax value, which is calculated at 25 per cent. of the amount offset against the loss of property in accordance with point 1. shall be deemed paid tax on account relating to the income year in which the loss of the property is realized, see. paragraph. 9 and 10

PCS. 9. For tax calculation for the income year in which the loss of the property is realized, deduct amounts deemed paid tax on account under subsection. 8, in the taxpayer's final tax plus any outstanding tax, etc. One then remaining amount, which can not be accommodated in this year's final tax, etc., paid in cash, see. However paragraph. 10.

PCS. 10 is transferred property under the rules of Withholding Tax Act § 33 C or estate Tax Act § 39, a remaining amount deemed paid tax on account under subsection. 8, deducted in a spouse's final tax, etc., if the taxpayer was married and cohabiting with the spouse at the end of the tax year prior to the transfer. Amount deemed paid tax on account and which then remains, carried forward for deduction in the calculated final tax etc. in the following fiscal year.

PCS. 11. In the income year in which the last of your balance underlying assets are surrendered or lapse (sale year), included gains or losses in the calculation of taxable income for disposal year. Gains or losses are calculated as the difference between, on the one hand, the transfer price for the assets that have been abandoned in disposal year, and on the other side balance value from the disposal beginning of the year plus amount in disposal year is used for acquisitions of payment and milk quotas.

PCS. 12. If a taxpayer owns milk quotas or proportions of milk quotas acquired before 1 January 2005, milk quotas or proportions of milk quotas acquired January 1, 2005 or later, they are considered first acquired quotas or proportions of quotas for the first divested.


§ 40 D. A payment entitlement, milk quota or delivery rights for sugar beet, are subject to the tax in this country and which are not already subject to tax in this country, included in the balance as mentioned in § 40 C with a cost that is calculated the market value at relocation time, ref. company tax Act § 4 a and withholding tax Act § 9. When a person or a company, etc., under the provisions of a tax treaty concluded between Denmark and a foreign state, the Faroe Islands and Greenland are resident in Denmark, equated this by application of the rule in the first section. with the onset of tax in this country.

PCS. 2. If the Danish taxation of a taxpayer subject to the rules of § 40 C terminates for any reason other than the taxpayer's death, see § 40 C, paragraph. 11 correspondingly to the calculation of taxable income for the tax year in which the Danish taxation has ended, however, the value of tax liability termination replaces the sales price. When a person or a company, etc., under the provisions of a tax treaty concluded between Denmark and a foreign state, the Faroe Islands and Greenland are resident outside Denmark, equated this by applying the rule in the first section. with termination of tax liability. For companies, etc. that are taxable under the Corporation Tax Act § 2. 1, point a, the Corporation Tax Act § 7 correspondingly in the situation where the occurrence of tax liability under the 1st clause. Because entitlements, milk quotas or sugar beet delivery rights, which are part of commercial business with a permanent establishment in this country ceases to be part of such activities, without commercial company with a permanent establishment also ceases.

PCS. 3. Tax paid to the foreign state, the Faroe Islands or Greenland by gains on the sale of payment entitlements, milk quotas and sugar beet delivery rights, can be deducted from the tax calculated in accordance with paragraph. 2, to the extent the taxpayer establishes that the tax paid related to the gain that is taxed in this country. Such deduction may not exceed the calculated Danish tax on this gain. If there is a double taxation treaty with the foreign state, the Faroe Islands or Greenland, given that not deduct a larger amount of tax than that which that State Faroe Islands or Greenland after the agreement has an unconditional right to receive.

PCS. 4. such reduction tax under paragraph. 3, repaid any overpaid tax at the request of an interest rebate of 6 per cent. year from the payment date. The interest subsidy are not included when calculating taxable income.

PCS. 5. People can under the rules of Withholding Tax Act § 73e get deferral of taxes calculated in accordance with paragraph. 2, first sentence. When payment is due to the cessation of tax liability for withholding tax Act § 1, and with payment of taxes calculated in accordance with paragraph. 2, 2nd sentence.

§ 41. When calculating the taxable income the cost of acquiring know-how or patent rights related to the taxpayer's business rather than depreciated according to § 40 paragraph. 2, fully deductible in the income year in which the expenditure was incurred. The same applies to the cost of acquiring the license or rights to use know-how or patent rights.

PCS. 2. Sold know-how or patent rights or license or use rights to do so in cases where the purchase cost in accordance with paragraph. 1 is deducted in full from the taxable income, the selling price fully included in the taxable income for the tax year in which the sale takes place.

§ 42. Expenses incurred for refurbishment and improvement of existing buildings in farms of rooms used for rental to tourists, can be depreciated by up to 20 per cent. annually following paragraph. 2-5. Held expense of a lessee may tenant depreciate by up to 20 per cent. annually following paragraph. 2-5.

PCS. 2. Does cost a basic amount of 12.300 kr. (2010 level) or less, the taxpayer may elect to deduct (write off) the entire cost of the taxable income in the income year in which the expenses are incurred.

PCS. 3. Depreciation can only be made if the rental is taxable under the Value Added Tax Act.

PCS. 4. Depreciation can not exceed the year's taxable income from the rental.


PCS. 5. On disposal of the rooms referred to in paragraph. 1 included in profit or loss on conversion and improvement costs in the calculation of taxable income. The profit or loss is calculated as the difference between, on the one hand, the sales price and on the other hand, the depreciable cost of refurbishment and improvement less all depreciation. As recycled depreciation included no more than the depreciation, including advance depreciation.

§ 43. Charges to be held on the occasion of a company's adherence to publicly or privately owned facilities that have commercial importance to the business, including plant, useful for the prevention or control of pollution or noise nuisance, depreciated by up to 20 per cent. yearly.

PCS. 2. Does connection charge a basic amount of 12.300 kr. (2010 level) or less, the taxpayer may elect to deduct (write off) the entire charge in the taxable income in the income year in which the tax incurred.

PCS. 3. The connection fee is considered incurred under paragraph. 1 and 2 when it is due.

PCS. 4. In the event that the asset has been connected to the plant sale before the charge is written off, the taxpayer may deduct the balance of taxable income in the income year in which the sale takes place.

PCS. 5. Charges deducted under paragraph. 1 or 2 is not included in the purchase price in determining taxable profit or loss on a sale that includes connections to the plant.

PCS. 6. Considered part of the consideration received as payment for the value of connections referred to in paragraph. 1, this part included in the sales price of the asset that has been connected to the system, the calculation of taxable income for the tax year in which the sale takes place.

§ 44. The provisions of this clause applies to the purchase of depreciable assets when the cost is fully or partly paid by one or more of the following subsidies, etc.:

1) Project and restructuring aid granted by the Media Board for printed news media and the written Internet-based news media.

2) Subsidies granted under the Act on structural measures in fisheries. It does not apply to subsidies granted according to the law on support for permanent cessation of Danish commercial fishing.

3) Subsidies granted by Fisheries Development Act. It does not apply to subsidies granted according to the law on support for permanent cessation of Danish commercial fishing.

4) Subsidies granted under the Act on state subsidies for energy savings, etc. in businesses.

5) Grant from the EU Structural Funds under the Regional competitiveness and employment objective and under the European Territorial Cooperation and corresponding national co-financing.

6) Objective 2 subsidies granted by EU structural funds to areas in industrial decline and the corresponding national aid granted under the Act on administration of subsidies from the European Regional Development Fund and related government financial participation.

7) Interreg subsidies granted by the EU Structural Funds for cooperation that extends across national borders and corresponding national subsidy granted under the Act on administration of subsidies from the European Regional Development Fund and related government financial participation.

8) Subsidies granted by the Rural Development Act.

9) The subsidies granted to improve the processing and marketing of agricultural and forestry products (structural projects) for rural development support law.

10) Subsidies granted to promote the adaptation and development of rural areas (Article 33) scheme for rural development support law.

11) The subsidies granted under the Community Initiative LEADER + for rural development support law.

PCS. 2. Costs for the purchase of depreciable assets, whatever the provisions of this law are written off in the taxable income for the year of purchase, to the extent that the expenses are paid by grants referred to in paragraph. 1.

PCS. 3. The immediate write-offs that are made in accordance with paragraph. 2, is treated as depreciation.

PCS. 4. After making immediate depreciation on the purchase price of an asset in accordance with paragraph. 2, the amortization of this asset only be made on the purchase price less the amount immediately written.


§ 44 A. Expenses incurred for artistic decoration of commercial buildings, except for one- or two-family houses and other than the part of a building used for residential, see. § 14 paragraph. 2, no. 4, may be starting in the year of acquisition depreciated by up to 4 per cent. year of the acquisition cost for the artistic decoration. It is a condition for depreciation court that the artistic decoration included in the building or its immediate surroundings. Depreciation Court can not be used by taxpayers who at the time of purchase is related to the artist, or for those which the artist or the artist's related exercises a controlling influence over the meaning. Assessment Act § 2. 2. Related considered spouses, parents and grandparents, children and grandchildren and their spouses or estates of those individuals. Stedbarns- and adoptive equated with natural parentage.

PCS. 2. Costs for artistic decoration that can be depreciated under other provisions of this Act may not be charged in accordance with paragraph. 1.

PCS. 3. Depreciation after paragraph. 1 can only take place for first-time of original art. In case of doubt as to whether the artistic decoration can be classified as art, collects customs and tax administration an assessment of the artistic decoration from The Academy.

PCS. 4. The cost of the artistic decoration depreciated separately for each artistic decoration.

PCS. 5. If the artistic decoration removed from the building, it is contained in or related to the following paragraph. 1, 2nd sentence. Equated this with the sale by paragraph. 9.

PCS. 6. Depreciation can not be made in the income year in which the artistic decoration sold, demolished or disposed of in other ways. Cease building, the artistic decoration are included in or associated with the following paragraph. 1, point 2., With only being used commercially lapse depreciation law, as from the income year in which the purely business use ceases.

PCS. 7. If there is an injury to the artistic decoration that can not be corrected by normal maintenance, adjusted depreciation of the artistic decoration in accordance with § 23

PCS. 8. If the taxpayer by an injury to the artistic decoration has received a compensation or insurance and make reconstruction of the artistic decoration, the provisions of § 24 paragraph. 1-5.

PCS. 9. Profit or loss on sale of the artistic decoration included in the taxable income for the year of sale in accordance with § 21 paragraph. 2, 1st and 2nd clauses., And paragraphs. 3 and 5. Demolition of the building where the artistic decoration included, and cessation of exclusive commercial use of the building as well as other forms of termination of the artistic decoration treated as a sale for the first section.

PCS. 10. When purchasing an artistic decoration that can be amortized in accordance with paragraph. 1, the buyer can write off the acquisition cost for the artistic decoration of this provision if the artistic decoration purchased along with the building, the artistic decoration are included in or associated with the following paragraph. 1, 2nd sentence.

§ 44 B. Expenditure for artistic decoration that hung or installed in commercial buildings, except for one- or two-family houses and other than the part of a building used for residential, see. § 14 paragraph. 2, no. 4, can be amortized under the provisions of Chapter 2. However, the rules for partial commercial used equipment, and ships in §§ 11-13 shall not apply. Expenditure must also depreciated on a separate balance. Depreciation Court can not be used by taxpayers who are related to the artist, or for those which the artist or the artist's related exercises a controlling influence over the meaning. Assessment Act § 2. 2. Related considered spouses, parents and grandparents, children and grandchildren and their spouses or estates of those individuals. Stedbarns- and adoptive equated with natural parentage.

PCS. 2. Costs for artistic decoration that can be depreciated under other provisions of this Act may not be charged in accordance with paragraph. 1.

PCS. 3. Depreciation after paragraph. 1 can only take place for first-time of original art. In case of doubt as to whether the artistic decoration can be classified as art, collects customs and tax administration an assessment of the artistic decoration from The Academy.

PCS. 4. Where the building in which the artistic decoration is suspended or identified, to be used commercially, is considered the artistic decoration of being sold.

Chapter 5 a

Sales contracts etc.


§ 44 C. Sold or given rights under a contract for the delivery of a ship or other operating means exclusively or partly engaged in trade, and to which, when the conditions for depreciation are met, can be amortized in accordance with Chapter 2, any profits or losses in the process when calculating the vendor's taxable income for the tax year in which the sale takes place. Gains or losses are calculated as the difference between the sales price for the right under the contract and the acquisition cost for this. Gains and losses without regard to any advance depreciation of the ship or operating agent.

PCS. 2. Sold a ship or other operating means exclusively or partly engaged in trade, and to which, when the conditions for depreciation are met, can be amortized in accordance with Chapter 2, but have not yet been completed to such an extent that it can be included in the operation of the seller's business included gains or losses in the statement of the vendor's taxable income for the tax year in which the sale takes place. Gains or losses are calculated as the difference between the sales price and the acquisition cost plus cost of improvements. Gains and losses without regard to any advance depreciation of the ship or operating agent.

Chapter 6

General

§ 45. Acquisition and sales prices as well as the compensation and salaries for assets covered by this law are translated into cash value calculated by the cash portion of the acquisition cost or selling price will be merged with the market value of the asset liabilities. Depreciation is calculated on the basis of the thus converted purchase price, etc. Unless the price at the date of disposal is under 100 converted non-callable loans to fishing vessels by the seller is established or acquired before May 19, 1993, at 100, if the loan is incorporated or taken to a price of 100 or less.

PCS. 2. The sale of assets covered by this law, the seller and buyer in the purchase agreement, deed or other written means shall provide a breakdown of the total kontantomregnede selling price of the assets that are included in the transfer. The distribution must be made for operating equipment, buildings, installations, artistic decor, goodwill and other intangible assets. For operating and ships it is to be together, and for other assets on each asset. Includes transfer because, housing, allowances, payment entitlements or holdings, the distribution also include these assets.

PCS. 3. Both the total kontantomregnede selling price as the distribution of assets following paragraph. 2, agreed by the parties, subject to the customs and tax administration review. The decision is binding for both seller and buyer.

PCS. 4. For any change to the seller's selling price of an asset as a result of an amended assessment shall be the buyer's purchase price for the asset amended accordingly. Any alteration of the buyer's purchase price of an asset, the seller's selling price for the asset amended accordingly.

§ 46. The basic amounts in § 5, paragraph. 3, § 6, paragraph. 1 pt. 2, § 10, § 11 paragraph. 3 and 5, § 29 paragraph. 1, no. 3, § 42 paragraph. 2 and § 43 paragraph. 2, regulated by the Personal Tax Act § 20

§ 47. Sales Page stipulated in the bill other forms of alienation and abandonment.

§ 48. Unless otherwise separately set, handled insurance and compensation sums, including expropriation compensation that sales amounts.

§ 49. Acquisition and disposal of assets by gift, inheritance or advancement equated in this law with the purchase or sale. As the purchase price or selling price considered in these cases, the amount is taken into account in the calculation of gift tax, inheritance tax or income tax on the acquisition. Has this not been tax or income tax, considered purchase or selling the asset's market value at the time of transfer. The rules in the 1st-3rd section. does not apply to the extent that the transferee after the tax legislation applying to join the transferor's tax position.

§ 50. Sale of assets covered by this Act included gains or losses are fully taxable income in the year of sale where the assets belong to the taxpayer's livelihood. Taxation is for the State Tax Act § 5, paragraph a.

PCS. 2. In the cases referred to in paragraph. 1, decreased balance value of exclusively commercially used operating equipment and ships the part of the depreciable balance value relating to the sold asset. This part of the balance is calculated by dividing the acquisition cost is amortized with the depreciation rates used in each fiscal year.


§ 51. Purchased assets are depreciable under this Act for the purpose of study or research business, depreciation commences prior to the onset of the economic activities in which the experiments or research aims. Unless there is a limited company is required, however the permission of the customs and tax administration.

§ 52. A taxpayer who has written off under this Act may change the self-declared depreciation rate when the notice is filed with the Customs and Tax Administration no later than 3 months after the end of the tax return deadline.

PCS. 2. Change of the self-declared depreciation rate after the deadline in paragraph. 1 requires authorization from the customs and tax administration. Tax Board may establish detailed rules on customs and tax administration's exercise of jurisdiction under the 1st clause.

§ 53. (Repealed)

Chapter 7

Commencement and transitional provisions

§ 54. This Act comes into force after publication in the Official Gazette and shall take effect from the income year 1999, cf.. However paragraph. 3-8.

PCS. 2. Act on tax depreciation, etc., see. Legislative Decree no. 932 of 24 October 1996, is repealed with effect from the income year 1999, cf.. However paragraph. 3, 4 and 6.

PCS. 3. On the new buildings, plants and installations as mentioned in Section IV A of the Act on tax depreciation, etc., see. Legislative Decree no. 932 of 24 October 1996, can not be made advances depreciation under the act, when the binding agreement for the construction of the asset concluded June 2, 1998 or later, or when planning the production of such an asset in your company made June 2, 1998 or later.

PCS. 4. For binding agreements for the supply of ships, machinery, equipment and related operating equipment, new buildings, plants and installations or for planning the production of machinery, equipment and related operating equipment as well as new buildings, plants and installations in their own business, the § 14 and Part IV A of the Act on tax depreciation, etc., see. Legislative Decree no. 932 of 24 October 1996, continue to apply for tax year 1999 and subsequent income when the binding agreement is concluded or planning made in the 1998 income year or previous assessment, see. however, PCS. 3. It does not apply to adjustments after the previous amortization Act § 29 P paragraph. 8, in respect of adjustments relating to the 1998 income year and later income years. In the income year in which supply is taking place or completed production of an asset which there have been advances depreciation in accordance with point 1., Are deducted from the advances made depreciation of the depreciable acquisition cost in accordance with § 5, paragraph. 1-3, for operating equipment and ships and in accordance with § 17 of the buildings and installations.

PCS. 5. § 45 paragraph. 1, 3rd clause., Effective for transfers made as of 1 January 1999 or later, distributions from estates, made as of 1 January 1999 or later or by switching the undivided possession when the change request has been filed on Jan. 1 1999 or later. This provision may be used for transfers in the period from 2 June 1998 to 1 January 1999 if the rules leads to lower taxation than under the previous rules.

PCS. 6. Customs and Tax Administration's jurisdiction under § 51 also includes applications for income years preceding 1999 in accordance with § 34 of the previous afskrivningslov submitted January 1, 2000 or later.

PCS. 7. § 52 applies to messages and requests for subsequent depreciation submitted on 1 January 1999 or later, and § 30 paragraph. 3 of the Act on tax depreciation, etc., see. Legislative Decree no. 932 of 24 October 1996, is repealed with effect from the same date.

PCS. 8. With effect from 1 July 1998 to the end of the income year 1998 referred to. Paragraphs. 2, amended § 18 paragraph. 1 b of the Act on tax depreciation, etc., see. Legislative Decree no. 932 of 24 October 1996, 'nursing homes covered by Chapter 16 of the Social Assistance Act, "to" residential and buildings covered by Act on social services, which is subjected to a corresponding wear '.


§ 55. On the buildings in the 1998 income year covered by the Law on tax depreciation, etc. § 18 paragraph. 1, point a, see. Legislative Decree no. 932 of 24 October 1996 and the sum of depreciation rates for tax year 1999 exceed or are over 60, you can write-off for tax year 1999 only made up 4 per cent. of the acquisition cost. If the sum of depreciation rates for tax year 2000 exceed or are over 60, you can write-off for tax year 2000 also only be carried out by up to 4 per cent. of the acquisition cost. The same applies to buildings covered by the Act on tax depreciation, etc. § 18 paragraph. 1, point b, see. Legislative Decree no. 932 of 24 October 1996, the sum of depreciation rates for tax year 1999 or 2000, exceeds or is over 40.

§ 56. All depreciation, including advance depreciation and amortization advance that under the current rules are made for tax year 1998 and previous assessment, included in the calculation of depreciation under this Act. Depreciation as mentioned in point 1. Under. However paragraph. 3, included in the statement of profit and loss under this Act.

PCS. 2. The provisions of §§ 21 and 22 shall also apply to buildings and installations, which are in accordance with Title IV of the former afskrivningslov or state tax Act § 6, point a, is made tax depreciation.

PCS. 3. For buildings and equipment acquired during the period January 1, 1982 income year 1990, and for the cost of refurbishment and improvement of buildings and equipment incurred during the period January 1, 1982 income year 1990, calculated they made depreciation as to the income year 1990 depreciation indexed for income year 1990. the advance amortization and advance depreciation indexed from the year following forlodsafskrivningen or acquisition for income year 1990. to this is added the sum of depreciation were effective for tax year 1991 and subsequent income.

§ 57. The depreciable balance value of vessels by the end of the 1998 income year under the previous § 12 of the Act on tax depreciation, etc., see. Legislative Decree no. 932 of 24 October 1996, transferred to in § 5, the total balance of plant and ships at the beginning of the tax year 1999. the same applies to the separate depreciation balance for docking and bedding plants at the end of the 1998 income year under the previous § 29 D of the Act on tax depreciation, etc., see. Legislative Decree no. 932 of 24 October 1996. | ||
§ 58. The provisions of § 25 paragraph. 1-3 does not preclude access to depreciate the building or real property acquired for the 1998 income year or previous assessment, including construction and real estate used for summer or holiday home for the owner when there has been depreciated end, after the previous rules , see. § 29 C, paragraph. 1-3 of the Act on tax depreciation, etc., see. Legislative Decree no. 932 of 24 October 1996, and the State Tax Act § 6, point a.

PCS. 2. If the sale of a property or building, which has so far been depreciated, see. Paragraph. One that can no longer be charged against the property or the building because it is used for residential or commercial purposes, see. § 25 paragraph. 1-3, can any loss on the sale notwithstanding the provisions of § 26 paragraph. 2, deductible from taxable income for disposal year. The loss is calculated as the difference between the selling price and any residual value amount.

§ 58 A. Cost of refurbishment and improvement of depreciable buildings and installations, which are incurred but not deducted from taxable income in the 1998 income year or a previous assessment may be deducted to the extent that this year's expenditure does not exceed 5 per cent. to in paragraph. 2 relevant turnover. The deduction can be made when remodeling or improvement are completed and put into use for a depreciable purposes. The deduction can not be made in the income year in which the building sold or demolished, or installation disposed of, replaced or taken down finally.


PCS. 2. Is the cost of rebuilding or improvement held on a building, etc., acquired January 1, 1982 or later, the calculation basis for depreciation for the year preceding the income year in which the expense is deductible. Is the building, etc. acquired before that date, calculated calculation as part of the property attributable to depreciable buildings, etc. The calculation used property value per. last October 1 prior to the income year in which the expenditure or improving incurred. In cases where there is employed a property, use the market value per. last October 1 prior to the income year in which the expenditure or improving incurred.

PCS. 3. Costs pursuant to the provision in paragraph. 1 fully deducted from taxable income for conversion or improvement year are not included in the depreciation base.

§ 59. The provision of § 27 does not prevent access to depreciate drainage works acquired for the 1998 income year or earlier and on which there has been depreciated after the previous amortization Act § 29 S, cf. Consolidated Act no. 932 of 24 October 1996, and ground fixed parts of irrigation systems purchased in the tax year 1998 or earlier and which have been depreciated after the previous amortization Act § 18 paragraph. 1, point c, see. Legislative Decree no. 932 of 24 October 1996, or the State Tax Act § 6, point a.

§ 60. Notwithstanding § 40, assets acquired before 1 January 1998, allowances and remuneration, the obligation to provide those benefits occurred before January 1, 1998, be charged with up to 10 per cent. yearly. On acquisitions before 1 January 1998, rights which are protected under other laws, and where the remaining period of protection of the agreement date is less than 10 years, depreciated at a rate that corresponds to the acquisition cost is amortized in equal annual amounts over the remaining term of protection.

PCS. 2 pcs. 1 relates to goodwill that is deductible under the previous provision of the Assessment Act § 16 F as amended by Act no. 819 of 3 November 1997.

§ 61. Notwithstanding § 45 shall be no cash conversion of the purchase price, etc. for assets acquired for the 1998 income year or previous assessment when the purchase price by the previous rules did not have cash converted.

§ 62. Selling prices for environment-improving operating in agriculture, etc., on which are written off after the previous amortization Act § 3 A, see. Legislative Decree no. 932 of 24 October 1996, under the rules of this Act § 6, paragraph. 2.

PCS. 2. Expenses for improving environmental facilities in agriculture, etc., on which are written off after the previous amortization Act § 21 A, see. Legislative Decree no. 932 of 24 October 1996, included in the sum of depreciation, in the context of sales is determined by the rules of this Act § 21. the cost is not included in the depreciation base.

§ 63. (Repealed)

§ 64. (Repealed)

§ 65. (Repealed)

§ 66. (Repealed)

§ 67. Where a company or association under the Corporation Tax Act § 1. 1 pt. 1, 2 or 4, allocations to investment funds to advance depreciation of assets referred to in § 6, paragraph. 1 pt. 1, 2 or 4, and acquired for rental or already on acquisition is rented, the company can not also deduct the cost of acquisition in accordance with § 6 paragraph. 3.

§ 68. For assets acquired before 12 May 1989 to commercial rentals, and which has hitherto been covered by the rules in section VA of the Act on tax depreciation, etc., see. Legislative Decree no. 758 of 12 December 1988, the the provisions of that section shall continue to apply instead of the rules in Chapters 2-4.

PCS. 2. Transferring a taxpayer operating equipment or vessels covered by Title VA of the paragraph. 1 that law for deductible use in accordance with Chapter 2 or solely for private use, equated such transfer with the sale and purchase of durable goods or ships.

PCS. 3. As the sales and purchase price applicable market value at the time of transfer.

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

Taxation, September 9, 2014
PMV
Jens Brøchner
/ Lise Bo Nielsen

Official notes


1) Wind turbines with a capacity of 1 MW and which are acquired in the fiscal year beginning on 1 January 2013 or later, are generally covered by the depreciation rate applicable for heat and power plant with a capacity of 1 MW, see. § 5 C, paragraph. 1, no. 4. After § 5 C, paragraph. 6, this § 5 C, paragraph. 4, 2nd sentence., Does not apply to wind turbines. This means that wind turbines with a capacity of 1 MW are not covered by the ongoing transition to a gradual reduction of the rate of depreciation for equipment and long life. It also means that wind turbines with a capacity of 1 MW can be written off with no more than 15 per cent. yearly. The wind turbines are depreciated on a separate balance. At the end of the tax year 2015, the depreciable balance value added together with the balance value according to § 5 C, paragraph. 1. The resulting balance of value, as of the 2016 year are treated in accordance with § 5 C, paragraph. 1 and paragraph. 4, 1st clause. Under. § 10 paragraph. 2 and 3 of Law no. 1394 of 23 December 2012.

2) The basis for depreciation for wind turbines with a capacity of 1 MW acquired in the fiscal year beginning on 1 January 2013 or later, and elected depreciated on a basis equal to 115 per cent. of the purchase price must be included on a separate balance and depreciated at a rate not exceeding 15 per cent. yearly. The depreciable balance value will be merged with balance value in accordance with § 5 C, paragraph. 1, at the end of the tax year 2017. The resulting total balance of value, from the income year 2018 are treated in accordance with § 5 C, paragraph. 1 and paragraph. 4, 1st clause. Under. § 10 paragraph. 2 and 4 of Law no. 1394 of 23 December 2012.

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