Publication of the law on the taxation of funds and certain associations (Fund Taxation Act)

In this way, the law on the taxation of funds and certain associations (the Fund Taxation Act), cf. Law Order no. 1248 of 2. In November 2010, with the changes that come from paragraph 7 of Act No 513 of the seventh. June 2006, section 3 of law no. 254 of 30. March 2011 and section 3 of the law. 433 of 16. May 2012.

§ 1. Taxable under this law shall comprise :

1) Evil, which is subject to law on funds and certain associations, or the law on economic operators, unless the fund has been excluded from these laws.

2) Simplifications which are subject to the law on funds and certain associations, in the case of the association not taxable by No one. 3.

3) United laws, which are subject to the law on funds and certain associations with regard to :

a) employers ' associations and trade unions,

b) other professional associations, whose capital is intended for use in support of members during the professional conflict, and

c) associations whose funds are mainly derived from the associations referred to in (a) and (b), where the association is intended to support undertakings or persons under a professional conflict, or actually providing such support.

4) Fmean and other self-contained institutions that have been set up abroad, the Faeroes or Greenland, if the management has a seat in this country. This applies, regardless of where the fund or the self-governing institution may be registered.

Paragraph 2. The certificate shall be certified in accordance with paragraph 1 1, no. Paragraph 1 does not include funds covered by the Pension Taxation Act or funds which provide for pension schemes covered by the Pension of Pension of Pension Act. 1.

§ 1 A. (The case).

§ 2. The entry and termination of the tax obligation shall apply to companies and associations, etc., and in accordance with the rules applicable.

Paragraph 2. If such a change is made, either a fund or association shall be transferred from taxation according to the section 1, stk.1, no. Paragrams 1-2 a and 3 a-6 for taxation under this law or from taxation following this law on taxation according to section 1 (1) of the company tax bill. 1, no. 1-2 a, 2 h, and 3 a-5 b, the transition shall not affect the tax after this law or company tax law from the end of the corresponding income. A change whereby tax must be imposed on other rules in this law may also have an effect from the end of that income until the end of the product concerned. Corporate Treasument Section 5 C (3). 2, the corresponding use shall apply in respect of assets and liabilities, both before and after the transition is subject to the taxation. In the case of changes resulting in taxation, in accordance with other rules applicable to this law, the section 5 C (5) of the corporation tax shall be found in section 5 (5). 2, similar application. The section 5 D of the Corporate Tax Code shall apply mutatis muted to other assets and liabilities. Section 22 shall also apply mutatis mutis.

Paragraph 3. If such a change is made, a fund or association shall be transferred from taxation according to the rules laid down in this Act on taxation according to section 1 (1) of the company tax bill. 1, no. 3, shall apply mutatis mutias. 5 A corresponding use.

Paragraph 4. If such a change is made, a fund or association shall be transferred from taxation according to section 1 (1) of corporation tax. 1, no. 3, to taxation in accordance with the rules laid down in this Act, the section 5 B (5) of the company tax bill. 1, corresponding use. Section 22 and Company Tax Code Section 5 shall also apply mutatis mutias.

Paragraph 5. In the event of withdrawal or termination of the tax obligation as a result of the transfer of the seat, the undertakings and associations, etc., shall apply mutatis mutias and the use of audible taxation.

§ 3. The taxable income for they in section 1, no. The funds and associations referred to in paragraph 1, 2 and 4 shall be made according to the general rules applicable to registered limited liability companies in accordance with the rules laid down in paragraph 1. 2-6 and section 4-6.

Paragraph 2. The income of commercial activities shall be taken into account in the calculation provided for in paragraph 1. The other total income tax is, on the other hand, taxed only to the extent that it exceeds 25 000 cages, for associations, as mentioned in section 1, no. Two hundred thousand. Deduction as mentioned in 2. Act. be carried out before deduction from section 4 to 6. Where the income after deduction after paragraph 4 is deduced, the part of the deficit corresponding to the deductible net losses following the exchange of exchange law and the tax burden of shares of shares may be deductible from the taxable person ; income in the following revenue. The deduct can only be transferred to a later income, to the extent that it cannot be sprumbled in a previous year's tax-income tax.

Paragraph 3. Fmean covered by § 1, nr. 1 and 4 may apply the principle of application in the calculation of winnings and losses in the portfolio of portfolios, cf. the section 9 of the asset tax. However, the Fund cannot apply the principle of reality to investment certificates, as mentioned in Article 20 (5) of the Asset Taxation Act. 1, and investment evidence referred to in section 20 A of the Asset Taxation Act, if the UCITS is subject to the definition in the section 22 (22) of the Asset Taxation. Two and three. Furthermore, the fund cannot apply the principle of application to portfolio management, which is concerned with trading in a regulated market or a multilateral trading facility, if the Fund has applied the stock market of such shares. It is a condition that the fund applies the principle of application to all portfolio tactics with the exceptions that result from 2. and 3. Act. If the Fund in an income has applied the storage principle of portfolios that is not available for trade in a regulated market or a multilateral trading facility, the Fund ' s access shall be suspended after 1. Act. to apply the principle of application to portfolio management. Access after 1. Act. to apply the principle of implementation of the portfolio of portfolios engaged in trade in a regulated market or a multilateral trade facility, subject to the allocation of an amount equal to the sum of the income of the taxable income before deduction under sections 4 and 5 and revenues, as provided for in paragraph 1. 2 and Section 10 shall not be included in the taxable income. Provisions covered by Section 4 (4). 4, 8 and 9, and section 5 (5). 1 and 2 shall be placed on the side of the divisions. However, assignments where provisions are used shall not be taken into account. It's not a requirement after 6. ptangle that the Expansions are deductible. The condition of 6. Act. shall be deemed to have been fulfilled, even though the Fund has used part of the income of the income concerned to the payment of income tax, in accordance with the requirements of the income tax. Article 11 or has applied part of the income of the income concerned for the payment of tax to a foreign state, Faroe Islands or Greenland, as a result of the tax return on the income of shares, interest, or Royalty from sources there. If the Fund in an income does not meet the condition in 6. or, in the case of an income, a tax shall be replaced by Article 4 (1). 6 or 8, of unused deeviction amounts in the income of the year 2010 or later, the storage principle and with the income concerned shall be applied to such shares in the income of the year. Article 24 (2) of the field of activity on the part of the asset. THREE, ONE. .. shall apply when switching from the principle of application to the stock principle.

Paragraph 4. Fmean covered by § 1, nr. 1 and 4, which own the capital of a fideikommis, apply the principle of application and loss to portfolio management in accordance with the financial statement. the section 9 of the asset tax. To the extent the assets are claimed as part of the total or partial transfer to free property, profit and loss shall not be included in the calculation of the income of the taxable income. This is a condition for the use of 1. and 2. points that the shares are subject to the on-call time as referred to in section 9 (3). 1, in the law of funds and certain associations, and cannot be used for distribution as referred to in paragraph 9 (4) of the same law. 5.

Paragraph 5. Loss of stock, as provided for in paragraph 1. Paraguation 3 and 4 shall be deducted from the rule of application of Article 9 (4) of the asset ' s liability. 3 and 4. In the case of loss of contracts that contain the right or the obligation to equilime the stock of a portfolio of portfolio management, cf. Article 9 of the asset shall apply mutatis mutias to Article 31 of the exchange rate law applicable when the Fund pursuant to paragraph 1. 3 or 4 applies the principle of application in the balance of profit and loss in portfolio management.

Paragraph 6. Presents for funds covered by Section 1, no. 1 and 4 shall be included in the calculation of the income of the taxable income if the present is to be used for the distribution or the status of the Staff Regulations, that, during a specified period of time, capital shall be used for distribution. Presents for funds, in whose statutes that are attributed to members of certain families, are given preferential rights to the allocation from the fund or predominantly to take certain positions, etc., cf. Section 7 of the Law on Funds and Certain Associations and Article 8 of the Act on trader funds shall be taken into account in the calculation of the income ' s taxable income, provided that it is a gift, which extends a fund's basic capital. Of gifts, which are provided for the foundation of funds, as mentioned in 2. PC, a 20-pct.Tax response is required, cf. 1. Act.

Paragraph 7. For the in section 1, no. 3, cooperatives referred to in sections 8 and 9 shall apply.

§ 3 A. Where a taxable subject is covered by the Danish Tax Code, Section 1 (1) of the source of income tax. Section 1 or the Fund for the Danish Tax Code Section 1 or the trust in a country where funds or threats are subject to substantially lower than by Danish rules shall be deposited in a foreign fund or trust established in a foreign fund or trust established in a country where funds or threats are subject to a significant reduction in tax rates, or in a country where they are subject to Danish rules ; Tax of 20%. of the deposit. However, this only applies to the part of the annual deposits exceeding 10,000 kr.

Paragraph 2. Paragraph 1 shall not apply where the depositor proves that the funds of the foreign fund or the trust fund are used in the general or otherwise ver-use for the benefit of a larger group of persons.

Paragraph 3. Deposits carried out by foreign companies and associations, etc., which are checked, cf. corporate tax havens section 32 (3). 6, of a taxable subject, subject to paragraph 1. 1 shall be deemed to have been carried out by the taxable person.

Paragraph 4. Paragraph 1-3 shall apply mutatis mutable to the taxable person who will be fully taxable in accordance with one of the provisions referred to in paragraph 1. The provisions of this Article shall be subject to the provisions of Article 1 (1), where they have previously been covered by one of these provisions and within the last five years prior to the entry into force of a foreign trust or trust as referred to in paragraph 1. 1. The total shall be deemed to have been made at the time of the full withdrawal of the full tax.

Paragraph 5. A foreign trust or trust shall also be regarded as taxed significantly lower than in accordance with Danish rules, provided that an agreement on the tax rate or tax base has been concluded with the tax authorities of the State in which it is indigenous, including after the provisions of a double-tax agreement or the tax rules of the State concerned shall be in accordance with the location of the depositor.

Paragraph 6. The deposit fee shall be due when the deposits are made. The depositor shall at the same time give notification to customs and tax administration of the taxable deposits. The payment shall be deemed to be timely when it takes place no later than one month after the due date. In the case of no communication after 2. pkt., section 41-43 of the Act on the charge of death boes and presents equivalent use. If the deposit of the deposit is not in good time, interest shall be paid in accordance with section 7 (2). 1, cf. paragraph Two, in the levying law.

§ 4. In the following section 3, they can be in section 1, no. 1, 2 and 4, mentioned funds and associations make deductions for non-profit or otherwise non-profit-making or otherwise.

Paragraph 2. Paragraph 1 shall also apply where distribution is carried out to the satisfaction of the memorandum of statutes which are non-non-profit or otherwise of non-profit or otherwise of non-profit or otherwise provided by the deduction of the deduction as provided for in the source tax tenderm section of the source tax ; or 2, or the Article 1 (1) of the death penalty tax. 2 or 3, corporate tax tenses § § 1 or 2, or in accordance with section 1, no. 1, 2, or 4, of this Act. 1. Act. apply, even though these are gifts for another fund, which are not included in the taxable income of this Fund, cf. Section 3, paragraph 3. 6, unless there are mutual gifts between the Funds.

Paragraph 3. Shares in accordance with paragraph 1 1 and 2 from the income of the Fund or association shall be deducised at the time when the Fund or the association are legally obligated to perform the distribution. Shares in accordance with paragraph 1 However, 1 which extends to more incomes, the fund or the association may be deductable at the time when the Fund or the association are legally obliged to perform the distribution, or at the times when the individual installments are to be deputiated. One time you chose the time of dedusion after 2. Act. cannot be changed for the specific distribution.

Paragraph 4. Fmean and associations, as mentioned in section 1, no. In the following section 3, 1, 2 and 4, may also make deduction for the fulfilment of non-profit or otherwise of non-profit-making use.

Paragraph 5. Observations as referred to in paragraph 1. 4 must have been used in its entirety within five years of the expiry of the period of referedown. The Tax Minister shall lay down detailed rules on the accounting requirements for the execution, including that each year be deferred on account and disassembles from the other resources of the Fund or of the association.

Paragraph 6. Is a reference as referred to in paragraph 1. 4 not used in its entirety prior to the expiry of the provisions referred to in paragraph 1. The period referred to in paragraph 5 shall not include the amount of the inauguration applicable with an appendix of 5%. for each year from the expiry of the period and until the expiry of the period of time in the taxable income for the period of invocation. Amouns referred to in section 3 (3). However, paragraph 10 should not be included in the income for the inaugural wound in section 3, however, that is not yet taxed.

Paragraph 7. The customs and tax administration may, in exceptional cases, permit the application to be applied after the expiry of the provisions referred to in paragraph 1. 5 said time limit.

Paragraph 8. In addition, tax and tax administration can allow funds, as mentioned in section 1, no. Paragraations 1 and 4 shall carry out provisions as referred to in paragraph 1. 4 to the statement of cultural but not specific purposes, without the condition laid down in paragraph 1. 5 shall apply. However, in the case of derogation, a period shall be laid down for the application of the amounts which shall not be granted over 15 years. Where the amount allocated to anything other than the non-profit-making or otherwise non-profit-making or otherwise of non-profit-making or otherwise, shall be included in the amount of the non-payment in respect of the amount of the non-payment in respect of the non-payment in respect of a supplement to 5%. for each year from the expiry of the period and until the end of the year in which the application or period expires, in the taxable income of the person ' s income for the period of invocation.

Niner. 9. Merit and associations, which have been carried out in accordance with paragraph 1, for a product. After the expiry of the deadline for the submission of self-disclosure, by the deadline for the submission of self-grant access to within the law, these provisions should be modified in full or in part, in full or in part, the tax effect of a change to the tax or income of the income, cf. Four. Act. Notification of this must be submitted within the expiry of the time limit for the application of the tax intake. If the Fund or its co-hold or its partial co-hold at the appeal or proceedings of the case shall be returned to the courts, the same extent shall be returned to the same extent possible subsequent provisions that have been made to compensate for the proposed amendment. 1. Act. shall not apply where the change to the tax or income tax is subject to the tax control law.

Paragraph 10. Amendment of provisions pursuant to paragraph 1. 4 or 8 after the expiry of the time limit laid down in paragraph 1. 9 requires authorization from customs and tax administration. The tax rate may lay down detailed rules for the exercise of jurisdiction by the customs and tax authorities after 1. Act.

§ 5. In the following section 3, they can be in section 1, no. In addition, 1 and 4, the funds referred to shall be deducted from the deduction for the consolidation of the phoneship capital. The deducted can not exceed 25%. of the allocations of the income year for non-profit or otherwise non-profit-making use, in accordance with the meaning of the public interest. Section 4 (4). 1.

Paragraph 2. In the following section 3, they can be in section 1, no. The funds referred to in paragraph 1 and 4 shall instead of deduction pursuant to paragraph 1. 1 make deduction for other provisions that are carried out in accordance with the requirements of the Confirmation of the Confirmation. It is a condition that the aim of the extension is apparent in the fund.

Paragraph 3. Simplifications as referred to in section 1, no. 2, may, in the following section 3, make deductible deduction for the consolidation of the association of the unifying assets. However, the deducting may not be more than a proportion of the simplification form corresponding to the percentage by which the income tax rate for the income year of Article 20 has been changed in relation to the regulation limit for the preceding revenue. The percentage is calculated with one decimal place.

Paragraph 4. For the calculation of the deducted from paragraph 1. 3 shall be made up to the value of the simplification capital in accordance with the rules laid down in section 14 (4) of corporation tax. TWO, ONE. and 2. pkt., and paragraph. 3-7.

§ 6. Revenue, as referred to in section 3 (3). 2, and Section 10 should not be included in the taxable income, as far as possible, shall be considered as to the extent to which the divisions and provisions referred to in sections 4 and 5 shall be considered to be included in the income of sections 3 and in accordance with section 3.

§ 7. (The case).

§ 8. In the calculation of the taxable income for they in section 1, no. The associations referred to in Article 16 A of the Equal Law Section 16 A of the body of the Equal Law of the Body of Equation, Section 16 B shall apply mutatis muthisis to the associations in the case of the Danish Agency for the Danish Agency for the Rules of the European Union. In addition, to the taxable income, income is calculated according to the rules of the property tax law and the tax bill and the income as referred to in the profit-making law of the market. This also applies to profit and loss to the cost of rebuilding and improvement, and so on, as well as gained in the case of leased premises, cf. section 39, profit and loss of depreciation of goodwill and other immaterial assets, cf. the section 40, the amount covered by Section 16 G and the income referred to in Section 9 and 21 of the depreciation Act as mentioned in Section 9 and 21 of the Depreciation Act. In addition, the taxable income of income from tax law in accordance with the rules applicable to registered limited liability companies shall be subject to existing rules with the derogations provided for in paragraph 1. 2 and 3, and section 9.

Paragraph 2. In the calculation of the income provided for in paragraph 1. 1 may be deduculent from expenditure relating to the income which is taxable. However, deduction of interest expenses and deduction from the section 6 shall be made, regardless of whether the costs or losses do not relate to the acquisition of the taxable income.

Paragraph 3. They in § 1, no. 3, the aforementioned associations are taxed in full by commercial activities. The other collected income shall be collected in accordance with paragraph 1. On the other hand, 1 and 2 are taxed only to the extent that it exceeds 200 000 kroner. before deduction as mentioned in section 9.

§ 9. For the calculation of income after § 8, they may be in section 1, no. The associations referred to in Article 4 (2) shall be deductible from the associations referred to in Article 4 (3). Paragraph 1 and 4, and section 5 (4). 3, cf. paragraph 4. Section 4 (4). 3, 5, 6, 7 and 9 shall apply mutatis muth to these associations.

Paragraph 2. The rule in section 6 shall apply to associations, as referred to in section 1, no. 3, in the case of revenues not to be taken into account for the taxable income in accordance with Article 8 (3). 3, or § 10.

§ 10. Corporate Treasument Section 13, paragraph 1. 1, no. 2, the corresponding use of funds and associations shall be covered by this law.

§ 11. The income tax constitutes the section 17 (5) of the company tax havens. 1, the percentage of the taxable income.

Paragraph 2. The rules of the company tax havens section 17, paragraph 1. Two-four measures shall apply mutatis mutable to the funds and associations of this law.

§ 12. The section 32 of the Corporate Tax Code shall apply mutatis mutias to funds and associations covered by Section 1. Evil and associations are not taxed by income in subsidiaries, to the extent that income is to be taken into account for a company ' s taxable income according to section 32 of corporation tax.

§ 13. Of the depraied tax, according to this law, 13,41% shall be added. the municipality or municipalities in which the fund or association has operated, cf. the provisions of the Law on Provinal income tax.

§ 14. (The case).

§ 15. Moreover, the tax rules on the equation and collection of undertakings shall apply mutatis muted to the funds and associations of this law.

Paragraph 2. Simplifications as referred to in section 1, no. In addition to tax returns, 2 and 3, which do not carry out interest and yield over 200,000 crants, may instead make a declaration on this subject. However, the association of an income from business activity must be submitted to the income of such income. If the association has made significant extraordinary tax revenue in the form of avant-garde, then, whatever the rule is in 1, it must be the rule. Act. the tax return shall be submitted.

Paragraph 3. Fmean, as mentioned in section 1, no. 1 and 4,

1) which does not have a commercial income, and whose income is including Tax-free yield income after deduction of interest costs and administrative costs do not exceed 25,000 kr., instead of tax return, may submit a declaration to this effect ;

2) public museums are made available to the public, and which have been granted a permit in accordance with Article 4 (2). 8, for without restriction to make provisions for non-profit-making or otherwise non-profit-making services, instead of self-disclosure, it may submit that the proceeds are used exclusively for the purpose of the museum.

3) the use of the surplus for purposes only, and where the conditions are otherwise specified, may be authorised by customs and tax administration to submit a declaration instead of sellevantion.

Paragraph 4. The tax minister lays down detailed rules on the collection and recovery of taxes from funds and associations.

§ 15 A. (The case).

§ 16. (The case).

§ 17. (The case).

§ 18. (The case).

§ 19. (The case).

20. (The case).

§ 21. (The case).

§ 21 A. (The case).

§ 21 B. (The case).

§ 21 C. (The case).

§ 22. Has a fund or association carried out in accordance with the provisions of section 3 (3) of the company tax havens. 3, cf. the section 3 (3) of the same law. 2, and Section 1 (1). 1, no. 6, the provisions must have been used in their entirety to one or more non-profit-making or otherwise non-profit-making services within five years of the expiry of the income due to the revenue of the revenue in which the fund or The first time the brotherhood is taxed by the law of the Fund. Section 4 (4). SIX, ONE. .. shall apply mutatis mutias to the provisions referred to in 1. Act. The same applies to Article 4 (4). 7, in the case of the extension of the deadline for application of provisions.

-23. The law has an effect on the income of 1987.

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