Act On Income Taxation Of Limited Companies, Etc. (Corporation Tax)

Original Language Title: Bekendtgørelse af lov om indkomstbeskatning af aktieselskaber m.v. (Selskabsskatteloven)

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Overview (table of contents)

Title I

The tax liability


Section II

Indkomstskattepligtens commencement and termination


Section III

The taxable income


Section IV

Calculation of income tax


Section V

Provisions for the assessment or collection


Section VI

Other provisions


Section VII

Commencement and transitional provisions


The full text
Act on income taxation of limited companies, etc. (Corporation Tax) 1)
hereby promulgated Income Tax Act of limited companies, etc. (Corporation Tax Act), cf.. Act no. 1082 of 14 November 2012 with the changes resulting from § 2 of the law no. 513 of 7 June 2006, § 1, no. 1, 2 and 4-7 of the Act no. 1381 of 28 december 2011, § 10 of law no. 433 of 16 May 2012, § 2 of the law no. 923 of 18 september 2012, § 2 of the law no. 1254 of 18 december 2012, § 17 of Act no. 1354 of 21 december 2012 § 1 of Act No. . 1394 of 23 december 2012, § 17 of Act no. 600 of 12 June 2013 § 1 of the law no. 792 of 28 June 2013 § 2 of the law no. 1347 of 3 december 2013 § 2 of the Act no. 1562 of 20 december 2013, § 6 of the Act no. 1637 of 26 december 2013, law no. 170 of 26 February 2014 § 2 of the law no. 274 of 26 March 2014, § 2 of the law no. 528 of 28 May 2014, § 6 of the law no. 1286 of 9 december 2014, § 5 of the law no. 1374 of 16 december 2014 and § 4 of the law no. 1375 of 16 december 2014. || | the changes imposed by § 4 of the law no. 624 of 14 June 2011, are not included in this consolidated act when change is subsequently terminated in accordance. § 6 of the Act no. 1255 of 18 december 2012. || |
Title I

The tax liability

§ 1. Tax liability under this Act relates to the following companies and associations etc. that are domiciled in Denmark:

1) registered limited liability companies,

2) other companies in which none of the participants are personally liable for the company's debts and distribute profits according to participants in the company's subscribed capital, companies covered by § 2 C and registered limited liability companies,

2a) savings banks, cooperative banks and associations established under § 207 of the Financial Business Act,

2b) registered employee investment companies in accordance with § 7 of the Act on employee investment

2c) (Repealed)

2d) DSB,

2e) power companies, which in this Act companies, etc., whose activities include the production, transport, trade or supply of electricity. The tax liability applies regardless of the electricity company form of organization. Registered joint stock companies can nevertheless be of no. 1. If the activity referred to in point 1. exercised by a partnership are taxed stakeholders in accordance with this provision, see. However, § 3, paragraph. 7. Production and consumption of electricity in trains, ships, aircraft or other means of transport and production of electricity on backup power in cases where the normal electrical supply fails, does not result in tax liability under this provision if the company does not otherwise have activities referred to in the first section.,

2f) municipalities operating grid company and any other activity that is covered either by the Electricity Supply Act § 2. 1 or excluded by § 2. 4 of the Electricity Supply Act (elnæringsvirksomhed) referred to. However, § 1. 1 pt. 1 and 2 e. The tax liability includes the income from such activity and gains and losses on disposals, disposal or abandonment of assets that are or have been linked to such activities. If the local produce electricity and heat in cogeneration include the tax liability also income by heat. Proceeds from the production of electricity and heat by burning waste are exempt from tax liability,

2g) Energinet.dk,

2h) water companies covered by § 2. 1 of the Act on water sector's organization and finances, and waste water utilities, which in this Act etc. either for others and for payment processing or transporting sewage. The tax liability applies regardless of the waters or wastewater utility's organizational structure. Registered joint stock companies can nevertheless be of no. 1. If the activity referred to in point 1. exercised by a partnership, a limited partnership or a limited partnership, are taxed respectively stakeholders, the general partner and the limited partners in accordance with this provision

2i) Naviair,

2j) Danpilot,


3) cooperatives, that in this law say associations whose purpose is to promote at least 10 members' common business interests through their participation in the Association's activities as purchasers, suppliers or in any other similar way, if the turnover with non members not significant or prolonged exceeds 25 per cent . of total revenue, which, apart from a normal return on paid-up member capital, using the place found revenue with its members as a basis for distribution to these. Cooperatives can be included in the first section. Even if they own shares in companies not meeting the conditions of point 1.,

3a), consumer cooperatives, which are not covered by no. 3, whose purpose is to promote the common interests through their participation as buyers in the association's business or association wholly or partially owned companies if the supplies used wholly or partly for the members or member associations, private consumption and if distributions other than normal interest of a paid up member capital to members, possibly after using the association's determination only to individual members, takes place on the basis of the association and selected underlying companies' turnover with the members concerned or the association by resolution instead choose to make distribution to benefit the cooperative movement or to promote the general interests of consumers by permission of the National Tax Board,

4) organizations whose purpose is to promote members' common business interests through their participation in the Association's activities as purchasers, suppliers or in any other similar way, and not covered by no. 2, 3 or 3 a,

5) mutual insurance associations that are not covered by §§ 294-303 of the Financial Business Act, unless the mutual insurance association exclusively operates health insurance company and the Customs and Tax Administration has made provision that the insurance association is subject to no. 6, and companies, associations, etc., that have emerged in change of a mutual insurance association after it has transferred its insurance business, see. § 14 di merger tax Act and which are not covered by no. 1, no. 2 or the Funds tax Act,

5a) investment funds issue negotiable certificates of members' deposits, excluding investment firms under. Capital Gains Tax Act § 19 paragraph. 2, and apart from investment institutions with minimum tax, see. Assessment Act § 16 C, there are investment funds,

5b) foundations and associations as mentioned in §§ 214-216 of the Financial Business Act, KommuneKredit and Danish Export Finance Corporation,

5c) investment institutions with minimum tax, see. Assessment Act § 16 C, where the tax only to income from business activities and profits and losses on disposals, disposal or abandonment of assets that are or have been linked to the professional activity.

6) other associations, corporations, foundations, endowments and private institutions, see. However, § 3, insofar as the organization etc. are not covered by the Funds Tax Act. The tax liability covers only income from business activities and gains or losses on sale, disposal or abandonment of assets that are or have been linked to the professional activity.

PCS. 2. The calculation of the membership in the first paragraph. 1, no. 3, referred to cooperatives must affiliates regarded as one member. The decision of the existence of consolidated companies, is in accordance with the provisions of the Capital Gains Act § 4, paragraph. 2. If one of the members of a cooperative is a cooperative governed by paragraph. 1, no. 3, includes this association members in the calculation of the membership.

PCS. 3. Applications under paragraph. 1, no. 3, the restriction, then the turnover with non members may not exceed 25 per cent. of total sales, are considered significantly exceeded, if revenue with no members in a tax year exceeds 35 per cent. of total revenue. The excess is considered to be of longer duration if the turnover with no members in each of three consecutive fiscal year has exceeded 25 per cent. If the turnover with non members again becomes less than 25 per cent. of total revenue, included in the association first paragraph. 1, no. 3, when this has been the case in each of three consecutive fiscal year. The calculation of revenues by members and non members used the division of revenue, which is made in calculating taxable income, see. §§ 15-16 A.


PCS. 4. Income from business activities in the first paragraph. 1, no. 5, point c, or no. 6, referred to UCITS funds, etc. are considered income from business activities or other business activities, including income from the operation, rental or lease of real estate. Where is conferred on an association etc. a right to share in the profits of a business that is not operated by the association itself, considered the resulting liquid income also as commercial revenue for the association, etc; This does not apply for aid and charity fund for a company employees or former employees and salaried workers or their relatives.

PCS. 5. Excess to in paragraph. 1, no. 5, point c, or no. 6, the said associations, etc. recoups shipments to members, are not considered as abstracted from business activities.

PCS. 6. Companies and associations, etc. covered by paragraph. 1, no. 2-6 are considered domiciled in the country where the firm or organization etc. are registered in this country or place of management in this country. The provision in the first section. shall not apply to a company or association, etc., which are subject to full tax liability in a foreign state in accordance with its tax laws if Denmark tax treaty with that State means that Denmark must mitigate double taxation of income from a permanent establishment in that State by reducing the Danish tax on this income of an amount greater than the amount paid in tax on that income in that state.

PCS. 7. A certificate-issuing mutual fund subject Assessment Act § 16 C or custodian fund covered only by paragraph. 1, no. 5, point c, or no. 6, if it has at least 8 members, unless there is an effective marketing to the public or any substantial part thereof in order to bring the number of members up. Affiliated members referred. Capital Gains Act § 4, is considered in this context for one member.

PCS. 8. A certificate-issuing mutual fund subject Assessment Act § 16 C or an account holding investment fund with less than 8 members who do not comply with paragraph. 7, can nevertheless paragraph. 1, no. 5, point c, or no. 6, if any units in accordance with statutory requirements thereof are registered, and if, in accordance with a statutory requirement that effect only admitted members who are legal persons and where no participants in the legal persons is taxed directly by the gain on the investment certificate or the income from the investment fund under the rules of natural persons. Certificate-issuing UCITS with minimum taxation under the Assessment Act § 16 C shall not be admitted as members.

§ 2. Tax liability under this Act is also the responsibility companies and associations etc. as mentioned in § 1. 1, which is domiciled abroad, provided they

a) carries on a business with a permanent establishment in this country, see. However paragraph. 6. Exercise of the profession on board a ship based in this country as the exercise of business with a permanent establishment in this country, if the exercise of the profession if it was done in the country would be considered a profession with real establishment in this country. That liability relates to the pursuit of business with a permanent establishment in Denmark or participation in a business with a permanent establishment here. The tax liability also includes income in the form of annuities resulting from these activities, or from the sale of such business, where benefits are not dividends, repayment of a debt, interest or royalties. The tax liability includes the leasing of such an activity. Construction or installation project shall be deemed to constitute a permanent establishment from day one. The tax liability also includes gains or losses on disposals, disposal or abandonment of assets associated with such a business. In the case of shares, including the taxation of permanent establishments except those covered by § 2 A, paragraph. 1, gain, loss and dividend on its shares when the return relating to the permanent establishment, including gains, losses and dividends on shares that are part of the permanent establishment capital assets, and recapture according to § 31 A.

b) in his capacity as owner, part owner, utility or income benefit receives income of this country located real estate. The tax liability also includes gains from the disposal of real property subject to property gains tax law or amortization Act § 21


c) receive dividends under the Assessment Act § 16a paragraph. 1 and 2, except for dividends from investment institutions with minimum taxation under the Assessment Act § 16 C, which invests solely in assets subject to Capital Gains Act, shares in the management company in charge of the UCITS management, derivatives FSA rules accordingly and certificates in UCITS with minimum taxation subject Assessment Act § 16 C, which invests solely in assets as specified in this provision, or receive sales amounts under the Assessment Act § 16 B, paragraph. 1. The dividend is also dealt with subsidies to affiliated companies, see. § 31 D, if the recipient if this was the parent company tilskudsyderen, would be taxable dividend under this provision. The tax liability does not include dividends of subsidiary shares. See Capital Gains Tax Act § 4 A, when the taxation of dividends from the subsidiary to be waived or reduced in accordance with Directive 2011/96 / EU on a common system of taxation applicable to parent companies and subsidiaries of different Member States or under a tax treaty with Faroe Islands, Greenland or the state where the parent company. The tax liability shall also not benefit from group company shares. See Capital Gains Tax Act § 4 B, which is not a subsidiary shares when the dividend-receiving group company resident in a state that is a member of the EU / EEA and dividend tax should be waived or reduced in accordance with Directive 2011 / 96 / EU or double taxation agreement with the State concerned, if there had been talk of subsidiary shares. The tax liability also includes non profits derived by participants in the parent companies are on the list of the companies referred to in Article 2, point a, no. Of of Directive 2011/96 / EU on a common system of taxation for parent and subsidiaries of different Member States but the taxation in this country is considered to be transparent entities. It is a condition that the shareholder not resident in this country. 3rd and 4th section. shall not apply where the proceeds from the Danish company is a further distribution of dividends which that company has received directly or indirectly by subsidiary shares or group shares, see. Aktieavancebeskatningslov §§ 4 A and 4 B, a company domiciled abroad and the Danish company was not the beneficial owner of the dividends received. This does not apply if the taxation of dividends from the Danish company is waived in accordance with Directive 2011/96 / EU.

d) derives interest from sources in this country concerning debt, as a company, association, etc. covered by § 1 or point a has for legal persons as mentioned in the Tax Act § 3 B (controlled debt). This does not apply to interest on debts which are attached to a permanent establishment covered by subparagraph a. The tax liability does not include interest, if the taxation of the interest shall be waived or reduced in accordance with Directive 2003/49 / EC on a common system of taxation applicable to interest and royalty payments made between associated companies of different Member States, or a double taxation treaty with the Faroe Islands, Greenland or the state where the receiving company etc. resident. This applies only if the paying company and the receiving company is associated as mentioned in this Directive for a continuous period of at least one year within which the time of payment should be. The tax is waived if a Danish parent company etc. itself directly or indirectly has control of the receiving company, etc., see. § 31 C, for a continuous period of at least one year within which the time of payment should be. The tax liability will be invalid if the receiving company, etc. is controlled by a parent company, etc. that are resident in the Faroe Islands, Greenland, or a state that has a tax treaty with Denmark, if this company accordance with the terms of the Faroe Islands, Greenland or this State may be subject to CFC taxation of the interest if the conditions for those rules are satisfied. The tax liability shall also lapse if the receiving company etc. proves that the foreign corporation tax on the interest represents at least ¾ of the Danish corporation and that it does not pay interest to another foreign company, etc. which is subject to corporation tax on the interest that is less than ¾ of the Danish corporate tax

e) derives income from this country, by virtue of Withholding Tax Act § 43 paragraph. 2, point h), were classified as A income if paid to a person


f) receive income as an advisor, consultant or other similar assisting for a company in this country. It is a condition that a person who is or has been liable to tax under PAYE Act § 1, no. 1, directly or indirectly in the management, control or capital of the foreign company or the foreign organization etc. and have or at any time within the last 5 years prior to the termination of the full tax liability has been directly or indirectly in the management, control or capital of the company in this country that is providing the consideration. In deciding that regard, in the case of a company, etc., whether the person owns or has owned 25 per cent. or more of the share capital or has or has had more than 50 per cent. of the voting value of the company. The provisions of the Capital Gains Tax Act § 4, paragraph. 2 shall apply accordingly. Is the company paying privately owned, having regard to whether the person owns or has owned 25 per cent. or more of the equity or have or have had a decisive influence in the company. The shareholders applicable criteria shall apply mutatis mutandis

g) receive royalty derived from sources in this country, see. Withholding Tax Act § 65 C, paragraph. 4. This does not apply to royalty of an exclusive right that is attached to a permanent establishment covered by subparagraph a. The tax liability does not include royalties, which are covered by Directive 2003/49 / EC on a common system of taxation applicable to interest and royalty payments made between associated companies of different Member States. This applies only if the paying company and the receiving company is associated as mentioned in this Directive for a continuous period of at least one year within which the payment date shall be,

h) receive capital gains from sources in Denmark on claims which arose under such conditions that the debt must be repaid at a fixed premium over the value at origination, if the debtor is a company, association, etc. covered by § 1 or point a creditor and is affiliated with the debtor as mentioned in the Tax Act § 3 B (controlled debt). The taxable capital gain is calculated as the difference between the claim value at origination and the agreed indfrielsessum. Failing settlement through installments, included a large part which corresponds to the ratio between on the one hand redemption price less acquisition cost and on the other hand, the redemption sum. The provisions of subparagraph d apply mutatis mutandis to capital gains.

PCS. 2. Income of a permanent establishment in this country is calculated as income as the operation could have achieved, including in its transactions with other parts of the enterprise, as the operation is part of, if it had been a separate and independent entity, who were engaged in the same or similar activities under the same or similar conditions, taking into account the functions performed, assets used and risks assumed by the enterprise through the operation site. If there is a double taxation treaty with the foreign state, the Faroe Islands or Greenland, where the undertaking concerned is situated and this Agreement article on business profits is not formulated in accordance with point 1., Calculated the income of that establishment, however, in accordance with the article.


PCS. 3. The tax liability under paragraph. 1 point b and f, includes only revenues from the given sources of income. The income tax under paragraph. 1, point c, up 27 percent. of total dividends or selling prices. The income tax, however, constitute 15 per cent. of dividends or selling prices, if the competent authority of the State in Greenland or the Faroe Islands, where the company, etc. resident must exchange information with the Danish authorities after a double taxation agreement, another international treaty or convention or administrative agreement for assistance tax matters. The tax liability is finally satisfied by it under Withholding Tax Act § 65 made witholding tax or the tax payable under Withholding Tax Act § 65 A, paragraph. 1. It is a condition for the application af3. section., the company etc. owns less than 10 per cent. of the share capital of the dividend-paying company. If the company, etc. is a resident of a country outside the EU, it is a further condition that, together with affiliated parties see. Assessment Act § 2, holds less than 10 per cent. of the share capital of the dividend-paying company. 2nd-6th section. includes corporations resident in a foreign state, in Greenland or the Faroe Islands by a double taxation treaty. The income tax under paragraph. 1 point d and h, is 25 per cent. interest rates and afståelsessummerne. The tax liability is finally satisfied by it under Withholding Tax Act § 65 D of the deduction of withholding tax. The tax liability under paragraph. 1, point e, is finally satisfied by the tax paid under PAYE Act § 65 B. The income tax under paragraph. 1, point g, is 25 per cent. of the royalties. The tax liability is finally satisfied by it under Withholding Tax Act § 65 C made deduction of royalty tax.

PCS. 4. The present agents in the first paragraph. 1 shall be restricted liability companies and associations etc. are liable for the tax payment.

PCS. 5. Paragraphs. 1-4 apply correspondingly to companies and associations etc., based in Greenland or the Faroe Islands.

PCS. 6. Motor Company exclusively in the form of distance selling through a representative with authority to bind the principal, but not employed as an employee of this does not imply permanent establishment of the principal. Distance selling means representative receiving orders from Danish or foreign customers via telephone, telex, fax, mail, EDI (Electronic Data Interchange) electricity. the like. It is a condition that either the principal or a therewith associated company, etc., see. Capital Gains Act § 4, paragraph. 2, or a person or is not related, controlling principal or a related company, see. Assessment Act § 16 H, paragraph. 6, 3rd-5th section. or a foundation or a trust founded by one of these companies, individuals or related parties in Denmark engage in commercial activities which are related to the representative's sales.

PCS. 7. Paragraph. 1-4 does not apply to companies as referred to in § 2 C which are based abroad, in Greenland or the Faroe Islands.

§ 2 A. If a company, association, etc. as mentioned in § 1 under the rules of a foreign state, the Faroe Islands or Greenland fiscally treated as a transparent entity, whereby the income of the company, etc. included in the calculation of consolidated legal entities taxable income in this foreign state, the Faroe Islands or Greenland, considered the company, etc. also under Danish law to be transparent.

PCS. 2 pcs. 1 shall also apply where a company, association, etc. as mentioned in § 2 under the rules of a foreign state, the Faroe Islands or Greenland fiscally treated as a transparent entity, whereby the income of the company, etc. included in the calculation of consolidated legal persons income in that foreign state, the Faroe Islands or Greenland.


PCS. 3. A foreign company, which under the rules of a foreign state, the Faroe Islands or Greenland is considered a transparent entity other foreign legal persons under the rules of the State concerned shall include income earned by companies covered by §§ 1 and 2, are also considered in relation to the companies covered by §§ 1 and 2 to be transparent. A foreign company shall not be deemed to be a transparent device if it is taxed as tax resident in a foreign state that is different from the State mentioned in point 1. And if this other foreign state, the Faroe Islands, Greenland, a member of the EU or the EEA or any country which has a tax treaty with Denmark. Interest and royalty payments to the foreign company in the second section. are only deductible if withholding tax is waived or reduced in proportion to the foreign company under Directive 2003/49 / EC on a common system of taxation applicable to interest and royalty payments made between associated companies of different Member States, or by the double taxation treaty with the Faroe Islands, Greenland or the state where the foreign company is resident. When a foreign company means a company that is not covered by §§ 1 and 2.

PCS. 4 pcs. 1-3 apply only if the affiliated legal entities controls the company, etc., see. Tax Act § 3 B, and the foreign state, the Faroe Islands or Greenland is a member of the EU or the EEA or have a tax treaty with Denmark.

PCS. 5. The fact that a company becomes subject to paragraph. 1 or 2 does not in itself that its assets or liabilities shall be deemed waived, respectively, of its assets and liabilities shall be deemed to have been acquired. Assets and liabilities that are intact with a company that is reclassified in accordance with paragraph. 1 and 2 are treated in the calculation of the taxable income of the transparent entity, as if they were acquired at the times when they are acquired by the omkvalificerede company and the purchase prices which they were acquired by this company. Any tax depreciation and amortization, as omkvalificerede company has made, shall be considered made of the transparent device. Fusion Tax Act § 8 ​​paragraph. 2-4, apply correspondingly to the reclassification. There shall be no acquisition cost of goodwill or other intangible assets as defined in depreciation Act § 40, to the extent they are earned by the omkvalificerede company itself. The transparent unit inherits the loss carryforwards, see. § 12, and unused deductible losses from previous assessment, see. Aktieavancebeskatningslov § 9 paragraph. 4 and § 43 paragraph. 3, Capital Gains Act § 31 paragraph. 3 and § 31 A, paragraph. 3, and property gains tax Act § 6, paragraph. 3.

PCS. 6. If a company ceases to be transparent in accordance with paragraph. 1 or 2, is considered the company's assets and liabilities to be ceded by the company's owners to the fair. The company is then considered to have acquired the assets and liabilities of consolidated companies. § 8 B shall apply mutatis mutandis. Carryforwards and unused deductible losses of the company lapses.

PCS. 7. If a company ceases to be transparent in accordance with paragraph. 1 or 2, is considered the company's owners to have acquired the shares in the company at market value at the time of the termination of the transparent status.

PCS. 8. The individual owners of the paragraph. 1. The Statutes are always considered to have a permanent establishment in Denmark. All assets and liabilities held in paragraph. 1. The Statutes are always considered affiliated with the owners of permanent establishments.

PCS. 9. Considered two or more Danish companies to be transparent units of the same foreign company liable Danish companies liable for the total tax payment.

PCS. 10 pcs. 1-3 does not apply to foreign companies covered by § 31 A.

§ 2 B. If a company or association etc. as mentioned in § 1 has debt etc. to a person or a company which is resident abroad and the claim, etc. after foreign tax considered to be invested capital, considered debt etc. also considered equity by the Danish income. 1st clause. shall apply only if the foreign person or foreign company has a controlling influence over the company, or if the companies are affiliated, see. Assessment Act § 2.

PCS. 2. Qualification by paragraph. 1 means that the company's interest payments and losses are deemed to be dividends.

PCS. 3 pieces. 1 and 2 shall likewise apply to companies covered by § 2. 1, points a and b.


PCS. 4 pcs. 1-3 shall apply mutatis mutandis, even if under the foreign tax is a debt to the creditor, to the extent that the creditor himself in debt to a related company for which the case of contributed capital. 1st clause. shall apply mutatis mutandis, although there may be more kreditorled. 1st clause. shall not apply if the withholding tax is waived or reduced in proportion to the creditor under Directive 2003/49 / EC on a common system of taxation applicable to interest and royalty payments made between associated companies of different Member States, or a double taxation treaty with the Faroe Islands, Greenland or the state where the foreign creditor is domiciled.

§ 2 C. duty to register branches of foreign companies and fiscally transparent entities subject to registration, registered office or place of management in this country tax rules for companies covered by § 1. 1 pt. 2, the direct owners with more than 50 per cent. of the capital or in possession of more than 50 per cent. of the voting rights are residents of one or more foreign states, the Faroe Islands or Greenland,

1) where the unit respectively branch fiscally treated as a single taxpayer or

2) do not have a tax treaty with Denmark, after withholding taxes on dividends to companies is waived or reduced, and which is not an EU member.

PCS. 2. Interest and royalty payments to owners considered internal payments can not be deducted if payment in accordance with the owner's home country is considered to be an internal payment. 1st clause. apply mutatis mutandis to capital gains on claims which arose under such conditions that the debt must be repaid at a fixed premium over the value at origination. Source taxation in accordance with § 2. 1, point d, g and h be waived if there is no deduction for the 1st or 2nd section.

PCS. 3. By fiscally transparent entities mean legal persons in accordance with Danish tax rules do not constitute a single taxpayer, but if conditions are regulated by company law, a shareholder agreement or union statutes.

PCS. 4. Participants shall be deemed not to have disposed of the assets and liabilities in the transparent unit or branch at the time of qualification under subsection. 1. Assets and liabilities that are no longer subject to Danish taxation shall be deemed waived by the participants to the fair value at the date of qualification under subsection. 1.


PCS. 5. Assets and liabilities are treated in the calculation of taxable income for the company, as if they were acquired at the times when they were acquired by the participants, and the purchase prices which they were acquired by the participants. There shall be no acquisition cost of goodwill or other intangible rights as mentioned in depreciation Act § 40, to the extent they are earned by one or more participants. Gains in relation to the purchase price can not constitute more than an amount equal to the difference between the sales price and the market value at the time of inclusion in Danish taxation. Any tax depreciation and amortization, as the participants have made, shall be considered made by the company. § 4 A, paragraph. 2 and 3 shall apply mutatis mutandis depreciable assets, to the extent they are not already covered by the Danish tax because they know this use is considered to have been acquired at the time the individual participants acquired asset. The company is considered regardless of the first section. for having acquired claims respectively assumed debt to market value at the time of qualification under subsection. 1, to the extent that participants are individuals who would not have been taxed respectively have had deduction on disposal or redemption at this time. Assets of one or more of the participants are acquired as part of nourishment treated in the calculation of its income as if they were acquired by that company in connection with business. The company is considered to have acquired these nutrients assets to market value at the time of qualification under subsection. 1, to the extent that the participants would not have been taxed, respectively, have been deducted from the disposal of assets at this time. Do any of the participants included unrealized gains and losses on securities are treated the securities in the calculation of its taxable income as if these gains and losses were included in the company. The calculation of losses referred to in Capital Gains Tax Act § 5 A, dividends etc. received by the participants, considered received by the company. The company inherits the participants carryforwards, see. § 12, and unused deductible losses from previous assessment, see. Aktieavancebeskatningslov § 9 paragraph. 4 and § 43 paragraph. 3, Capital Gains Act § 31 paragraph. 3 and § 31 A, paragraph. 3, and property gains tax Act § 6, paragraph. 3, when deficits and the losses suffered as a part of the transparent entity or branch concerned.

PCS. 6. The transfer of ownership shares subject to Capital Gains Tax Act. The shares are considered acquired for an amount equivalent to the tax value of the participant's share of the assets and liabilities at the date of qualification under subsection. 1.

PCS. 7. Distributions to owners of the companies covered by paragraph. 1 is considered to be dividend.

PCS. 8. company ceases to be covered by paragraph. 1, the company shall be terminated and the assets and liabilities that are intact at the time of transition, considered sold for their market value at that time. Assessment Act § 16a paragraph. 3, no. 1 shall apply mutatis mutandis.

PCS. 9. In assessing transparent entities and branches directly owners considered foreign transparent entities and branches not to be self-employed taxpayers, even if they meet the conditions in paragraphs. 1, if they are not considered self-employed taxpayers in their homeland.

PCS. 10 pcs. 1-9 does not apply to collective investment (venture funds), investing solely in shares, subject to Capital Gains Tax Act in order to completely or partially to acquire limited liability companies in order to participate in the management and operation of these. It is a prerequisite that the following conditions are met:

1) Venture Fund and in addition to investment commitments and unencumbered cash bank deposits and claims annuities, see. Assessment Act § 12 B, received as consideration from the sale of companies alone will hold shares, subject to Capital Gains Tax Act. Bank deposits can be placed in an escrow account as security against the buyer's warranty claims in connection with the venture fund's sale of companies.

2) There may only be directly or indirectly invested in companies which alone or together with any affiliated companies, see. Tax Act § 3 B, with fewer than 250 employees and either an annual balance sheet total less than 125 million. kr. or an annual turnover below 250 million. kr.


3) None of the participants may own more than 50 per cent. of the capital or hold more than 50 per cent. of the votes in the venture fund. Affiliated and related parties pursuant. Capital Gains Act § 4, paragraph. 2, and the Capital Gains Tax Act § 4, paragraph. 2, considered in this context to one participant.

4) Venture Fund will have a minimum of 8 participants. Affiliated and related parties pursuant. Capital Gains Act § 4, paragraph. 2, and the Capital Gains Tax Act § 4, paragraph. 2, considered in this context to one participant.

§ 2 D. If a legal person transfers stocks, shares and related securities, including convertible bonds and subscription rights for such securities in an associated company (the acquired company) to another group company or a related foundation or trust (the acquiring company) and the consideration for this delegation consists wholly or partially other than shares in the acquiring company and any affiliated companies, considered this part of the consideration for the dividend. This does not apply if the transferor company fulfills the conditions for receiving tax benefits in accordance with § 2. 1, point c, or § 13 paragraph. 1 pt. 2, if the payment had been dividend of shares in the transferred corporation immediately before the transfer. Nor does it apply on transfer of shares to the acquiring company, etc., before the transfer was not affiliated with the transferor company, but only as a result of joint control by paragraph. 5, 2nd paragraph., Will be affiliated with this company after the transfer if the acquiring company not of the transferor company or with this related company, etc. have received funding made available. 1st clause. shall not apply, even if the consideration consists wholly or partly other than shares in the acquired company and any affiliated companies to the extent that the acquiring securities equivalent to the transferred securities.

PCS. 2. If a legal person transfers stocks, shares and related securities, including convertible bonds and subscription rights for such securities to companies at the time of transfer is essentially no financial risk from occupational activity listed. § 33 A, paragraph. 3 and the consideration consisting in part of other than shares in the acquiring company and any affiliated companies, considered this part of the remuneration as dividends. The same applies if the transferor only receive remuneration in other than shares in the acquiring company and any affiliated companies and the transferor after the transfer owning such securities in one or more of these companies except for the company which, shares etc. Act. 1, 2nd and 4th section. Shall apply mutatis mutandis.

PCS. 3. Commercial activity within the last 3 years prior to the transfer of shares, acquired from a person or a company, etc., with the Assessment Act § 2 compound with the acquiring company, is not included in the assessment under paragraph. 2, see. § 33 A, paragraph. 3. If a subsidiary is acquired from a related company within the last 3 years prior to the transfer of shares, etc., included commercial activity in the subsidiary in the assessment of the parent company in accordance with § 33 A, paragraph. 3.

PCS. 4. Payments in other than shares in the receiving company and any affiliated companies in connection with mergers or divisions that are not covered by the Merger Tax Act, regarded as dividend if the shareholder following the restructuring owns shares in one of the transferring or receiving companies and any affiliated companies. PCS. 1, Item 4. Shall apply mutatis mutandis.

PCS. 5. In determining when the case of group companies, the Assessment Act § 2 applies. With a legal person equated a company and a union, etc., according to Danish tax does not constitute a single taxpayer, but if conditions are regulated by company law, a shareholder agreement or union statutes.

§ 3. Exempt from the tax liability is:

1) The State and its institutions, see. However, § 1. 1 pt. 2 d, 2 g, 2 and 2 j.

2) Regions and municipalities as well as regional and local companies and institutions see. However paragraph. 7 and § 1. 1 pt. 2 f and 2 h.

3) Recognized denominations and church institutions, created in connection with these or to the Church.


4) ports, including airports that are open to public traffic, as well as gas and district heating plants, when access to the delivery of the work is open to all within the area in which the work is working, too as far as the port's or plant's revenue, excluding normal return on any investment capital, according to statutory provision can apply only to the port or the work's purpose. Conditions in paragraph 1. is satisfied, even if a port or airport exercise activity that falls outside the purpose, provided that these activities exercised in a taxable subsidiary.

4 a) Water utilities, etc. that are not covered by § 2. 1 of the Act on water sector organization and economic conditions. It is a condition that delivery from the water company is open to all within the area in which the company operates, and that the water supply company's revenues, other than normal interest of any loan capital, according to the Articles of Association can only be used for company purposes.

5) Schools, hospitals, hospitals, state-approved convalescent homes, residential institutions for children and young people and publicly approved facilities for children and young people, libraries under public supervision and public museums, everything as far as they are self-governing institutions, and the revenue can be used only for the the institution purposes. Schools, etc. are exempt from taxation, although they have activities in the form of production of electricity and heat, which results in the conditions in the first section. are not met. The exemption does not apply to income from the production of electricity and heat.

6) Landsbyggefonden and housing organizations approved by the municipal council to exercise public housing company, insofar revenue - other than normal interest of any loan capital - according to statutory provision can only be used to promote social housing or similar housing minister approved purposes, including sale of social housing under Part 5 of the Act on Social housing and Subsidised private housing cooperatives etc. housing organizations are exempt from taxation, although they have activities in the form of production of electricity and heat, which results in the conditions in the first section. are not met. The exemption does not apply to income from the production of electricity and heat. Conditions in paragraph 1. is satisfied, even if the housing organization or a department of the housing organization exercising activity falling outside of it in the first section. mentioned main objective if these activities are conducted in a taxable subsidiary. For rentals for other than residential purposes, which are covered by the housing organization's main purpose, or on 31 December 2005, subject to § 6 paragraph. 2 of the Act on Social Housing, etc., it is not a requirement that hiring is done through a taxable subsidiary.

7) Danmarks Nationalbank.

8) Labour Market Supplementary Pension.

9) If the institution is subject to supervision by the law on the supervision of company pension funds or by the Financial Business Act. Other pension funds are exempt from tax liability, insofar as customs and tax administration in each case decide.

10) The associations are exempt pursuant to Law no. 246 of May 9, 1917 on rural associations and husmandsforeningers auctions mm, see. Act no. 80 of 4 March 1949. The exemption applies only to income from the associations' common registered company, but not for income from operations, rental or lease of real property or other activities.

11) The Act on the reorganization mentioned restructuring companies, the statute approved by the Minister of Housing, if the statutes provides that income - other than normal interest of any loan capital - can only be used for rehabilitation purposes.

12) The Labour Market Occupational Diseases.

13) LD.

14) of the Act on financial stability said the Financial Stability A / S.

15) The Act on Urban Renewal and Housing Improvement mentioned urban renewal companies, the statute approved by the Minister of Housing, if the statutes provides that income - other than normal interest of any loan capital - can only be used to assist the local council and owners prepare , organizing and carrying out urban renewal and housing improvement works under the Act on urban renewal and housing improvement.

16) The regional TV 2.

17) Investment Fund for Developing Countries and the Investment Fund for Central and Eastern Europe.

18) Occupational life assurance limited companies covered by § 307 of the Financial Business Act.


19) Investment see. Capital Gains Tax Act § 19, except custodian unit trusts,. § 2 of the Law on the taxation of members of the account-holding investment funds, and other than UCITS with minimum tax, see. Assessment Act § 16 C. Yield subject Assessment Act § 16 A , PCS. 1 and 2, as a company covered by the 1st clause., Received from a company resident in this country shall be taxed at 15 per cent., Except in the case of dividend from the investment company's own shares. 2. section. does not include dividends received from a UCITS with minimum tax, see. Assessment Act § 16 C, which invests solely in assets subject to Capital Gains Act and in derivative financial instruments FSA rules on this and dividends received from a UCITS with minimum tax, see. Assessment Act § 16 C, or another investment, see. point 1. if, after the statute can not invest in shares or interests in companies that are domiciled in Denmark. Abandonment Summer subject Assessment Act § 16 B, paragraph. 1, the disposal of shares or stock in a company is taxed at 15 per cent. 4. section. does not include the selling prices from the disposal of investment units in UCITS with minimum tax, see. Assessment Act § 16 C, which invests solely in assets subject to Capital Gains Act and in derivative financial instruments FSA rules in this regard, and selling prices on the disposal of shares or units of a company, that its regulations did not invest in shares or units of other companies that are domiciled in Denmark. Regardless 3rd and 5th section. may UCITS investment company or company owning shares in the management company in charge of the department or the company's administration.

20) Payments Denmark.

PCS. 2. in § 1. 1, no. 6, the said associations, etc. can by income deduct distributions to the satisfaction of the statutory objectives, which can be considered charitable or otherwise non-profit. In cases where the association in addition to the income from the other income, is considered the non-business income spent on the charitable or otherwise non-profit purposes, before any part of the taxable income considered as used to it.

PCS. 3. Provisions which associations etc do to ensure or to later use for charitable or otherwise non-profit purposes, be treated in the reserve year with distributions referred to in paragraph. 2. The Minister of Taxation shall lay down rules on accounting requirements for the provision, including that this is effectively separated from the association's other funds, and the management is obliged not to make the sum set aside for the disposal of the association's other activities. Used amounts for other than charitable or otherwise non-profit purposes, the amounts plus 25 per cent. included in the calculation of taxable income for the tax year in which they are used. Has the association's other income was negative taxed subsidy together with the for the fiscal year applicable tax rate.

PCS. 4. In paragraph. 2 and 3 given rules will also apply to in § 1. 1 pt. 1 and 2, limited liability companies and other companies where the vast majority of stock or share capital is owned by an association etc. with charitable or other nonprofit purposes. Income in a tax year is earned by the company, etc., be hereby considered earned in the same fiscal year of the association that owns stock or share capital, and taxes levied equity or cooperative shall be considered liable on the organization etc. who own stock or share capital.

PCS. 5. The rules in paragraphs. 1 for an exemption from the tax liability does not apply to taxation under § 2. 1, point c, and tax liability after Hydrocarbon, as regards income referred to Act § 4.

PCS. 6. An enterprise in the first paragraph. 1, no. 4, type in question is exempt from tax liability, even if the period specified therein limitation of the use of the undertaking's income is not included in its articles of association, if it must be ruled to change the articles of association. It is a condition that the liquidation of the enterprise not distributed more than the invested capital, and to have complied with in paragraph. 1, no. 4, set restrictions for the use of the undertaking's revenue.


PCS. 7. Municipalities are subject to tax on income from business activities to operate the grid and any other activity that is covered either by the Electricity Supply Act § 2. 1, Electricity Supply or excluded by § 2. 4 of the Electricity Supply Act (elnæringsvirksomhed) referred. However paragraph. 8 § 1. 1 pt. 1 and 2 e. The tax liability does not include income from the production of electricity and heat by burning waste. If municipalities with professional activities under the 1st clause. producing electricity and heat in cogeneration include the tax liability also income by heat. The tax liability also includes gains and losses on the sale, disposal or abandonment of assets that are or have been linked to elnæringsvirksomheden. Possession of shares etc. in power companies are not considered elnæringsvirksomhed after the first section.

PCS. 8. For municipalities that want to move to taxation under § 1. 1 pt. 2 f, from taxation under § 3, paragraph. 7, the § 5 C, paragraph. 2, mutatis mutandis, with respect to assets and liabilities, both before and after the transition is subject to taxation. The values ​​calculated in accordance with § 35 O paragraph. 6, in lieu of the acquisition costs mentioned in § 5 C, paragraph. 2. § 5 D shall apply mutatis mutandis to other assets and liabilities.

PCS. 9. A company can choose to convert to a tax exemption under subsection. 1, no. 18, with effect from the beginning of the income year in which making such amendments, the conditions for tax exemption are met, regardless of the conditions are not met by the income year beginning. It is a condition that, during the tax year do not pay dividends to its owners.

§ 3 A. For a public company, as mentioned in § 1. 1, the capital of the entire year fully owned directly by a life insurance company, a pension fund or a pension fund that is subject to tax after pension Tax Act, § 1. 2 whose assets averaged over income year for at least 90 per cent. of which is in real estate, the rules in paragraphs. 2-7. With full direct ownership equated fully indirect ownership via a life insurance company, a pension fund or a pension fund that is subject to tax after pension taxation law or a public company, as mentioned in the first section. A plurality of taxpayer after pension Tax Act, § 1. 2, carrying out activities on the basis of mutual agreement, considered in this context to constitute a company.

PCS. 2. In deciding whether a company limited assets for at least 90 per cent.'s Case consists of real estate, excluding the value of shares in another limited liability company, wholly, directly or indirectly owned by a life insurance company, a pension fund or a pension fund which is subject to tax after pension tax Act. Instead involved assets of the other corporation.

PCS. 3. It is a condition that paragraph. 1, point 1. Referred to the Danish Companies have the same financial year as the life insurance company, pension fund or pension fund.

PCS. 4. Owned in paragraph. 1, point 1., Public limited company referred entirely by a life insurance company, a pension fund or a pension fund, the income in the tax year is earned by the company, is considered earned in the same fiscal year of the life insurance company, the pension fund or the pension fund that is nearest directly or indirectly by the company. Owned limited company wholly from a plurality of taxpayer after pension Tax Act, § 1. 2, see. Paragraph. 1, 3rd section., A must for the average ownership corresponding portion of income in the tax year is earned by the company, is considered earned in the same fiscal year of each of the owners under. However, the third section. If an owner has chosen statement according to § 13 F included income in the tax year is earned by the company, the owner's income in accordance with § 13 F.

PCS. 5. The life insurance company, pension fund or pension fund is liable for tax, including outstanding taxes, surcharges and interest on income in accordance with paragraph. 4 assigned to it in paragraph. 1, point 1. Referred to the Danish Companies referred. However, § 31 paragraph. 6 and § 31 A, paragraph. 4, and the limited company jointly and severally liable for this tax.

PCS. 6. Loss of a company referred to in paragraph. 1, point 1. Which are left unused for transition to taxation under this section shall be deducted in accordance with § 12 of the profits of the stock of the company. The deduction is made before deduction of losses for the current fiscal year in the life insurance company or other limited liability companies referred to in paragraph. 1, point 1.


PCS. 7. Loss of a company referred to in paragraph. 1, point 1. Which are left unused for transition to taxation under this section shall be deducted pursuant to the applicable rules of the stock company's profits. The deduction is made before the deduction of losses for the current fiscal year in the life insurance company or other limited liability companies referred to in paragraph. 1, point 1.

PCS. 8. When a real estate limited company passes to taxation under this section, calculated a tax liability equal to the tax value of taxable profits which would occur if the stock company's real property was sold at market value at the time of release. The tax value is calculated at the tax rate according to § 17 paragraph. 1, applies to the first fiscal year of taxation under this section. To the extent that the limited liability company owned by a pension fund or a pension fund is not taxable under this Act, and the limited company refrains real estate as mentioned in the first section. Treated for tax obligation as a tax amount to be paid by the company for the fiscal year. If the sales price of the property is less than the market value at the transition to taxation under this section, use the sales price when calculating the tax liability. The tax obligation ceases when the limited liability company shall cease to be covered by this section or the property forfeited.

Section II

Indkomstskattepligtens commencement and termination

§ 4. The tax liability for this country resident companies and associations etc. that are not exempt from taxation under § 3, occurs at the time of the foundation, see. However paragraph. 3, 4 and 5.

PCS. 2. The tax notice takes first place for the income year in accordance. § 10, as the first income period represents or replaces regardless of its length. The first income period can be up to 18 months, unless otherwise provided by § 10 paragraph. 5.

PCS. 3. For companies and associations etc. that are originated before the time when the company, etc. are domiciled in Denmark, joins the tax liability at the time the company, etc. are resident in this country.

PCS. 4. A taxable transfer of a personally owned business to a newly established limited company in which the owner of the company will own all the shares referred. However, the fifth section., The owner may decide to transfer, as regards in the second section. obtains, the fiscal effect from the target date for the in relation to the constitution drafted opening balance for the company if the company's financial year runs from that date and the date is after the end of the owner's last normal income year prior to its creation. Sum of transfer tax effect from the effective date, be the market value of the company's assets and liabilities. that date in its determination of the owner's sales gains and the company's acquisition of the assets and liabilities, and the company takes into account in income the income and expenses as may be deemed to relate to the Company if the transfer of the company was indeed performed on the target date for the fair per. that date. It is a condition for the transfer can be attributed to tax retroactively that formation takes place within 6 months after the selected target date and that the owner later than 1 month after the formation submit copy to the customs and tax administration of the documents in company law prescribed prepared in connection therewith, as well as evidence that the company is notified for registration with the Commerce and Companies Agency, cf.. however paragraph. 6. The tax liability for the Company from the date of transfer in accordance with point 1. added effect. At a taxable transfer of a personally owned company with several owners to a newly established limited company takes 1st-4th section. mutatis mutandis where the owners remunerated in proportion to their shares in the privately owned company.


PCS. 5. When a public or private limited company's taxable transfer of a business to a newly established subsidiary in which public or private limited company becomes the owner of all the shares, the company may decide to transfer, as regards the in the second section. obtains, the fiscal effect from the target date for the in relation to the constitution drafted opening balance for the subsidiary if the subsidiary's financial year runs from that date and the date is after the end of public or private limited company last normal income year prior to its creation. Sum of transfer tax effect from the effective date, be the market value of the company's assets and liabilities. that date to its determination of public or private limited company's sales gains and the subsidiary's acquisition of the assets and liabilities, and the subsidiary Including in income the income and expenses as may be deemed to relate to the subsidiary if the transfer of the company was indeed performed on the target date for market value per. that date. It is a condition for the transfer can be attributed to tax retroactively that formation takes place within 6 months after the selected target date and that the company no later than one month after the formation submit copy to the customs and tax administration of the documents in company law prescribed prepared in connection therewith, as well as evidence that the company is notified for registration with the Commerce and Companies Agency, cf.. however paragraph. 6. The tax liability for the subsidiary occurs on the date of transfer in accordance with point 1. added effect.

PCS. 6. Tax and Customs Administration can disregard the deadline of one month in paragraph. 4 and 5.

§ 4 A. If a company, association, etc. are fully taxable under § 1 or if a company or association, etc. in accordance with a DTC is domiciled in Denmark, are considered assets and liabilities not previously covered by the Danish taxation of acquired at the actual time of acquisition at fair value on move-in date, see. however paragraph. 2. There shall be no acquisition cost of goodwill or other intangible assets as defined in depreciation Act § 40, to the extent they are earned by the company itself. Gains in relation to the purchase price can not constitute more than an amount equal to the difference between the sales price and the market value at the time of inclusion in Danish taxation.

PCS. 2. Depreciable assets deemed acquired at the actual time of acquisition, and are considered acquired for the actual cost amortized maximum under Danish law until move-in date. By this calculation rules in their new time. However, the assets are deemed acquired at market value at the time of relocation, if this value is less than the value calculated by the 1st and 2nd section.

PCS. 3. Recycled depreciation of assets that are considered written off prior to inclusion in Danish tax may not exceed the amount by which the sum of depreciation for tax liability exceeds the actual depreciation for inclusion in Danish taxation. Gains in relation to the purchase price can not constitute more than an amount equal to the difference between the sales price and the market value at the time of inclusion in Danish taxation. For assets that are depreciated on the declining balance method, employed sales price of the impaired value on the date of disposal plus recycled depreciation and profit for 1st and 2nd clauses.

PCS. 4. Expenses incurred before move-in date can only be deducted from taxable income if they are incurred the deduction of these expenses pursuant to § 2.

PCS. 5 pieces. 1-5 apply correspondingly to companies and associations etc. that are taxable under § 2 and not immediately previously been taxable under § 1 or the Funds Tax Act § 1

§ 5. Where in this country resident companies and associations etc. dissolved, continues the tax liability until the time of the dissolution. At the transition to taxation under § 1. 1, no. 6, or an exemption from taxation under § 3 continues tax liability under the previous rules until the time of release or exception.


PCS. 2. Expires the ordinary income years for a company, etc., before 31 December of the calendar year in which the income year in lieu of (backward offset income year), and finds resolution as referred to in paragraph. 1 place after the usual indkomstårs expired, but before either of the calendar year, represents the last fiscal year the entire period from the income year beginning until dissolution occurs.

PCS. 3. The liquidator or management, if a liquidator is elected or appointed, shall, within one month after the dissolution transition or derogation set. Paragraphs. 1, submit a notification to the customs and tax administrations statement of income for the final fiscal year. The deadline for the review before the deadline for the tax return for the nearest preceding fiscal year, see. Tax Act § 4, paragraph. 2 curtailed the latter date to the deadline for notification. Customs and Tax Administration can request a deferment of the deadline for notification if circumstances warrant. Failure notification incur the responsible persons a fine to be determined by customs and tax administration, unless the person or persons responsible even want the case to the trial. Submission of notification of the said statement may be forced by the imposition of daily fines, to be determined by the customs and tax administration. The fines accrue to the Treasury.

PCS. 4. Transition etc., see. Paragraph. 1, equivalent to termination of activities and sales to commercial value of the assets and liabilities that are safeguarded by the company or organization etc. at the time of transition.

PCS. 5. If a company or association, etc. ceases to be liable to tax under § 1 or if a company or association, etc. in accordance with a DTC is resident abroad, in Greenland or the Faroe Islands, paragraph. 1-3 and Assessment Act § 16a paragraph. 3, no. 1, mutatis mutandis. Tax payments under the 1st clause. for a natural person referred to. Assessment Act § 16a paragraph. 3, no. 1, point c, is reduced to the extent that that person has paid tax on gains and losses on shares in the company as a result of the Capital Gains Tax Act §§ 38 and 39 A.

PCS. 6. For taxpayers associations etc. as mentioned in § 1. 1, no. 6, paragraph. 1-4 mutatis mutandis when the organization etc. wholly or partly cease to do business.

PCS. 7. If a company or association, etc. ceases to be liable to tax under § 1 or if a company or association, etc. in accordance with a DTC is resident abroad, in Greenland and the Faeroe Islands are considered assets and liabilities not remain covered of Danish tax for divested at the time of moving. The selling price is valued at market value at the time of moving.

PCS. 8 pcs. 7 shall apply if a European company (SE) or European Cooperative Society (SCE), are not taxed under § 1. 1, no. 3, cease to be liable to taxation under § 1 as a result of the company transfers its registered office to a country that is a member of the EU.

PCS. 9. 1-8 does not apply to changes to or cessation of taxation under § 3, paragraph. 4 or § 3 A. Subsection. 1, 2 and 4-8 does not apply to cases covered by § 5 F.

§ 5 A. occurs in a such a change to a company or association, etc. transferred to taxation under § 1. 1, no. 3, from taxation under other rules in § 1, continue tax liability under the previous rules until the time of release. At the transition to taxation under § 1. 1, no. 3, from taxation under § 1. 1, no. 4, it shall be deemed to have been made by the end of the income year in which the transition occurs. § 5 pieces. 2 shall apply accordingly.

PCS. 2. An amendment referred to in paragraph. 1, the Board of Directors within one month after the change to submit a notification to the customs and tax administrations statement of income for the final fiscal year. The rules of § 5, paragraph. 3 shall apply mutatis mutandis.

PCS. 3. A transition referred to in paragraph. 1 equivalent to termination of activities and sales to commercial value of the assets and liabilities that are safeguarded by the company or organization etc. at the time of transition.

§ 5 B. occurs in a such a change to a company or association, etc. released from taxation under § 1. 1, no. 3, to taxation under other rules in § 1, except § 1. 1, no. 6, get the transition effect only for the company or society etc. tax liability from the end of the fiscal year.

PCS. 2. For a transitional referred to in paragraph. 1, the provisions of § 5 D analogy.


PCS. 3. For a transition as referred to in paragraph. 1 there must be a statement of the assets accumulated in the company or organization etc. during the taxation under § 1. 1, no. 3, or an equivalent tax. The amount is calculated as the market value of the company or fund's assets and liabilities at the transition less any paid up share capital. If the company or the union previously been taxed in accordance with other rules in § 1, calculated amount as the difference between the market value of the company or fund's assets and liabilities at the transition and market value at the onset of taxation under § 1. 1, no. 3, or an equivalent tax. From the trade values ​​drawn any paid up share capital. The amount must be specified when the tax return for the year of transition.

PCS. 4. The following paragraphs. 3 calculated amount is taxable income of the company or organization etc. The taxation occurs, however, only in step with the company or the union after the transition makes distributions as mentioned in the Assessment Act § 16 A, making the distribution of liquidation proceeds in the calendar year in which the company or organization etc. finally wound or pay for the acquisition of own issued share certificates. For distributions, etc. included any subsidy granted by the company or the union and of the consolidated companies, see. § 31C by the company or association directly or indirectly has a controlling interest to group companies, the company or the union does not have control of. Distributions etc. made after the transition, regarded primarily to arise in the following paragraphs. 3 amount determined.

PCS. 5. The tax return must be company or organization etc. provide information on the part of the following paragraph. 3 calculated amount has not yet been taxed in accordance with paragraph. 4.

PCS. 6. At a later transition as referred to in § 5 A cease taxing the following paragraph. 3 amount determined. The taxation of the remaining amount does not become effective resume if subsequently there is a transition as referred to in paragraph. 1, a merger referred to in the Merger Tax Act § 12 paragraph. 1 pt. 3 or a conversion as mentioned in the Merger Tax Act § 14 e.

PCS. 7. It is for the Board of Associations taxed under § 1. 1, no. 3, simultaneously with the filing of the tax return to inform the changes in the financial year has occurred in the association's business or in its statutes on purpose, profit sharing or dissolution, and the board must disclose if the association's turnover with non members represent more than 25 per cent . of total revenue.

PCS. 8 pcs. 4, 2nd-4th section. shall not apply to the extent that an association governed by § 1. 1, no. 4, makes distributions as mentioned in the Assessment Act § 16 A, which does not exceed the corporation's taxable income after tax for the preceding fiscal year. Are the excess distributions or other distributions than those mentioned in the Assessment Act § 16 A, paragraph. 4, 2nd-4th section., applied for this part.

PCS. 9. It is the board of an association that is taxed according to § 1. 1, no. 4, simultaneously with the filing of the tax return to disclose the extent of making distributions subject to paragraph. 4 or paragraph. 8.

§ 5 C. If outside the cases specified in §§ 5 A, 5 B and 5 F, occurs such a change for a company or association that taxation future must follow other rules in § 1, except from § 1. 1, no. 6, than previously, the provision of § 5 B, paragraph. 1, mutatis mutandis.

PCS. 2. Assets which are safeguarded by the company or the union at the time of the change shall be regarded as acquired at the times and to the acquisition cost and the purpose for which they were originally acquired. Tax depreciation and write-downs on inventories and agriculture herds of livestock that have been made before the change can not be changed with effect for the company's or association's income statements for subsequent periods. Contingencies investment funds which are left unused by the change was effected in the income year in which they were originally made.

§ 5 D. If a company or association, etc. released from being exempt from taxation under § 3, paragraph. 1, no. 1-18, to be taxed in accordance with § 1, is the transition effect of the company's or association's tax liability at the time of commencement of the activity which establishes the tax liability, or at the time the company is considered taxable. The tax notice takes first place for the income year in accordance. § 10, as the first income period is without regard to his length. The first income period can be up to 18 months.


PCS. 2. In the income which is the basis of the initial assessment, included machinery, equipment and related operating equipment and vessels, which the company or association, etc. owns the transition period the tax liability in the balance value after depreciation Act with their market value at that time converted to cash values.

PCS. 3. buildings that are depreciable by the depreciation law, and installations, set up exclusively for such buildings, which were acquired or completed before the transition to the tax liability is depreciated on the basis of the amount by which the building or installation is part of the property at the most recent assessment prior to the income year which is the basis of the first tax assessment, or in cases where there is employed a property value, the market value per. last October 1 prior to the income year which is the basis of the first tax assessment.

PCS. 4. For installations that are depreciable by depreciation Act § 15 paragraph. 2 and were acquired or completed before the transition to the tax liability is depreciated on the basis of the amount by which the installation is estimated to be part of the property at the most recent assessment prior to the income year which is the basis of the first tax assessment, or where there is employed a property value, the market value per. last October 1 prior to the income year which is the basis of the first tax assessment.

PCS. 5. For the cost of rebuilding, improvement or leasehold improvements, which are depreciable after depreciation Act § 39, which is held before the transition to the tax liability is depreciated on the basis of the costs incurred converted into cash value at the time of transition to tax liability reduced by the depreciation that maximum could have been made since the year of acquisition under the rules at the time of transition to the tax liability.

PCS. 6. Goodwill and other intangible assets that are depreciable by depreciation Act § 40, and acquired before the transition to the tax liability is depreciated on the basis of the acquisition price converted into cash value at the time of transition to tax liability reduced by the depreciation that maximum could be made since the year of acquisition under the rules at the time of transition to the tax liability.

PCS. 7. On the other depreciable assets that were acquired before the transition to the tax liability is depreciated on the basis of their market value at that time converted to cash values.

PCS. 8. In the statement of profit or loss for Capital Gains Tax Act for shares acquired before the transition to the tax liability, enters the market value at the time of transition to the tax in place of the purchase price. The company or organization etc. may choose to put the acquisition price basis. This choice must be for all the shares together. When calculating profit or loss used the shares actually acquired.

PCS. 9. In the statement of profit or loss for property gains tax law for real estate acquired before entry into the tax liability, enter the property at the most recent assessment prior to the income year which is the basis of the first tax assessment, or in cases where there is not employed a property value, the market value per. last October 1 prior to the income year which is the basis of the first tax assessment, rather than the acquisition cost. The company or organization etc. may choose to put the purchase price converted into cash value basis. When calculating profit or loss used property's effective date of acquisition, provided that the calculation of the allowance for property gains tax Act § 5 is considered the property as acquired at the beginning of the fiscal year, which is the basis of the first tax assessment.

PCS. 10. In the statement of profit or loss for Capital Gains Act for claims and debts acquired respectively taken before the transition to the tax liability, enters the market value at the time of transition to the tax in place of the acquisition price respectively value of debt assumption. The company or organization etc. may choose to put the acquisition price respectively value of debt assumption basis. This choice must be collected for all assets and liabilities as a whole. When calculating profit or loss used the claim or payable actual acquisition date.


§ 5. E Assets per. 31 December 2004 accumulated in investment funds associated with class III-life insurance policies deemed to have been acquired by the life insurance company on 1 January 2005 to the book value on 31 December 2004. Accounting provisions at. December 31, 2004 concerning savings in the investment funds used as provisions at. 1 January 2005 for the calculation of taxable income for 2005 and later years.

§ 5 F. The change will not take effect for company's tax liability, etc. mm from the end of the fiscal year in the following situations:

1) If a company etc. covered by § 1, is transformed into a UCITS with minimum tax, see. Assessment Act § 16 C, or an investment firm covered by § 3, paragraph. 1 pt. 19

2) If a UCITS with minimum tax, see. Assessment Act § 16 C, passes to be covered by another provision of § 1 or to be an investment company subject to § 3, paragraph. 1 pt. 19

3) If a share-based UCITS with minimum tax, see. Assessment Act § 16 C and Capital Gains Tax Act § 21, be transformed into a bond based UCITS with minimum tax, see. Assessment Act § 16 C and Capital Gains Tax Act § 22

4) Where an investment firm covered by § 3, paragraph. 1, no. 19, transformed into a UCITS with minimum tax, see. Assessment Act § 16 C.

5) Where an investment firm covered by § 3, paragraph. 1, no. 19, passes to be covered by § 1

PCS. 2. The transfer referred to in paragraph. 1, Nos. 1-3, equivalent to termination of activities and sales to commercial value of the assets and liabilities that are safeguarded by the company or organization etc. at the time of transition.

PCS. 3. Release referred to in paragraph. 1 pt. 4 and 5 are considered assets and liabilities acquired at fair value at the date of transition.

PCS. 4. Release referred to in paragraph. 1 shall § 5, paragraph. 3 apply.

PCS. 5. When switching from a bond based UCITS with minimum tax, see. Assessment Act § 16 C and Capital Gains Tax Act § 22, to a share-based UCITS with minimum tax, see. Assessment Act § 16 C and Capital Gains Tax Act § 21, is the transition effect only for the department from the end of the relevant income year. The Foundation's assets and liabilities deemed to have been acquired at the original time of acquisition and the acquisition cost.

PCS. 6. Release as specified in the Capital Gains Tax Act § 33 paragraph. 9, the shares are considered to have been acquired at the original time of acquisition and the acquisition cost.

§ 6. For companies and associations etc. that are domiciled abroad, and by virtue of § 2. 1 point a, b or f, subject to limited tax liability in Denmark, joins the tax liability at the time of commencement of the activity which establishes the tax liability. The tax notice takes first place for the income year in which the first income period as or in lieu of, regardless of its length. The first income period can be up to 18 months.

§ 7. When foreign companies and associations etc. which are based abroad and by virtue of § 2. 1 point a, b or f, subject to limited tax liability in Denmark, dissolved or ceases to carry out taxable business in this country, continues the tax liability until the time of the dissolution or termination. The rules of § 5, paragraph. 2 and 3 shall apply mutatis mutandis.

§ 7 A. Business in this country shall be considered abandoned when the sale of the company's stock, machinery, tools and equipment, etc. has occurred.

Section III

The taxable income

§ 8. The taxable income is calculated according to the general tax rules, insofar as their content is usable on in this Act referred to companies and associations etc., see. However, § 8a paragraph. 2.


PCS. 2. For taxable income, not income and expenses relating to a permanent establishment or immovable property situated in a foreign state, the Faroe Islands or Greenland, see. However, § 31 A. As income from the permanent establishment and the property is considered income as mentioned in § 2. 1, points a and b. 1st clause. does not include income from international shipping and aviation company or where the source country waives the right to tax under a tax treaty or other international agreement with Denmark. Notwithstanding the 1st clause. , a company of positive income that would be subject to CFC taxation in § 32 if the permanent establishment had been a subsidiary. Both the assessment of whether to be included CFC income in the calculation of CFC income is used income principles of permanent establishments. § 32 shall apply mutatis mutandis, except for paragraph. 7, first paragraph. And paragraphs. 10. On disposal of real estate abroad, on the Faeroe Islands or Greenland, where the purchase price is reduced by property gains tax Act §§ 6 A and 6 C, the part of the gains relating to immovable property situated in Denmark, included in the calculation of the taxable income.

PCS. 3. A company may, notwithstanding paragraph. 2 every year choose to include income from all permanent establishments of foreign states, the Faroe Islands or Greenland, carrying mobile drilling rigs. Negative income for the first section. can only be offset against similar positive income for the following year. By option and opt for the first section. paragraph. 4 paragraphs. 5 correspondingly.

PCS. 4. Transfer of assets and liabilities that are not already covered by the Danish taxation within the company to a permanent establishment or head office in Denmark ranks as the acquisition of the associated company. § 8 B shall apply mutatis mutandis. Transfer of assets and liabilities for shipment are no longer subject to Danish taxation within the company to a permanent establishment or a head office in a foreign state, the Faroe Islands or Greenland equated with sales to affiliated company to market value at the time of transfer.

PCS. 5. Transferred assets and liabilities within the company to a permanent establishment or a head office in a foreign state, the Faroe Islands or Greenland under international joint taxation, see. § 31 A, and cease the international joint taxation at a later time when the assets and liabilities are intact from the company, but outside Denmark are considered assets and liabilities for sold at market value at the time of the termination of the voluntary joint taxation. The Danish tax reduction under the provisions of the Assessment Act § 33 paragraph. 1 and 2, or under the provisions of the double taxation agreement with the tax by that State, the Faroe Islands or Greenland could have levied on capital gains if the asset or liability was abandoned at this time.

PCS. 6. The income of a permanent establishment of a foreign state, the Faroe Islands or Greenland are calculated as the profit as the operation could have achieved, including in its transactions with other parts of the enterprise, as the operation is part of, if it had been a separate and independent entity that was involved in the same or similar activities under the same or similar conditions, taking into account the functions performed, assets used and risks assumed by the enterprise through the operation site. If there is a double taxation treaty with the foreign state, the Faroe Islands or Greenland, where the permanent establishment is situated, and this Agreement article on business profits is not formulated in accordance with point 1., Calculated the income of that establishment, however, in accordance with the article.

PCS. 7. Energinet.dk as mentioned in § 1. 1 pt. 2 g, and for Energinet.dk's subsidiaries apply additional rules in §§ 13 d and 13 e

PCS. 8. For the in § 1. 1, no. 3, said cooperatives, the provisions of §§ 14-16 A.

§ 8 A. Taxable merger between companies, etc. in accordance with the joint-stock current rules have tax effects from the time the merger is finally adopted by the participating companies, etc.


PCS. 2. Companies, etc., may decide that the merger, as regards the in the second section. obtains, the fiscal effect from the target date for the merger prepared opening balance of the receiving company, if this date coincides with the cut-off date for the receiving company's financial year. Sum transaction tax effects from the target date, put the value of the transferring company per. this date, as reflected in the consideration for the securities held in the transferring company, for its determination of the transferring company sales gains and the company receiving the purchase price for the assets and liabilities, and the company receiving Including in income the income and expenses should be considered to relate to the company if the merger of the companies had actually happened on the set day the values ​​per. that date. The earnings for one of the parties to the concentration companies is calculated in accordance with § 31 paragraph. 5, as a result of that group connection, see. § 31C has ended or established within or in connection with the merger, used the time of termination, respectively, the establishment of corporate connection regardless 1st and 2nd clauses. as the date for the company concerned. In cases covered by the third section. is not required that the merging companies have the same tax deadline. It is a condition of the merger can be attributed to tax retroactively, to the participating companies, etc. within 1 month after the date on which the merger is adopted in all the participating companies, etc., submit copy to the customs and tax administration of the documents in company law prescribed prepared in connection with the merger, as well as evidence that the merger has been finally adopted by the participating companies, etc., see. however paragraph. 3.

PCS. 3. Tax and Customs Administration can disregard the deadline of one month in paragraph. 2.

§ 8 B. is acquired depreciable assets from a related company, see. Capital Gains Act § 4, paragraph. 2; assignment has led Danish or foreign taxing any recycled depreciation, gains or losses or foreign tax on the transfer has been postponed, will join the acquiring company in the transferring company's acquisition costs and acquisition times. The depreciable assets are considered depreciated maximum under Danish law until the date of acquisition. § 4 A, paragraph. 2 Points 2 and 3. Shall apply mutatis mutandis.

PCS. 2. is acquired goodwill or other intangible assets as defined in depreciation Act § 40 from an associated company, see. Capital Gains Act § 4, paragraph. 2, and they are earned by the transferor company or other group companies are considered assets in accordance with paragraph. 1 conditions mentioned in the calculation of taxable income for accumulated by the acquiring company.

PCS. 3. § 4 A, paragraph. 3 shall apply to assets covered by paragraph. 1 and 2.

PCS. 4 pcs. 1-3 shall apply to assets that a company or association, etc. acquired before it becomes taxable under §§ 1 or 2.

PCS. 5 pieces. 1-4 shall apply, even though there has been Danish taxation if there has been full Danish tax, as a result of the profit maximum can be included in an amount equal to the difference between the selling price and the market value at the time of inclusion in Danish taxation. To the extent that has happened taxation, increased the purchase price with the profit that the transferor included in taxable income.

§ 9. The companies and associations, etc., mentioned in § 1. 1 pt. 2 f, 6, § 2. 1 point a, b, f and § 3, paragraph. 7, may in the calculation of taxable income only deduct expenses related to the sources of income if the income is taxable. Companies or associations, etc. covered by § 1. 1 which is a resident of a foreign state, the Faroe Islands or Greenland in accordance with a DTC can only deduct expenses relating to revenues that Denmark by the Agreement can be taxing.


PCS. 2. under the provisions of § 1. 1 pt. 3 a, taxable consumer cooperatives can in the calculation of taxable income deduct dividend arrears or bonus provided to its members for that financial year. It is a precondition that members do not pay tax on the dividend, etc. under the Assessment Act § 16a paragraph. 4, no. 2. It is also a precondition that the dividend etc is finally determined by the coop within 6 months after the beginning of the concerned fiscal year. If dividend etc. raised after expiry of that period, the amount by which the dividend for the financial year is high, not deductible in calculating taxable income for the current fiscal year. The increase may not be brought to a tax deduction on income in subsequent income years.

PCS. 3. The provisions of paragraph. 2 referred to restrictions on deductions for dividends, etc. does not discount services.

§ 10. The taxable income is determined based on income in the income year. Tax year is the calendar year. Consists tax liability only part of the year, the income year that part. The company or organization etc. can choose a different fiscal year than the calendar year (deferred taxation). Have a company or association, etc. a different fiscal year than the calendar year, the taxable income under the rules applicable to the calendar year in which the staggered taxation replaces. A backward offset income years can not begin on 2 April in the calendar year preceding the calendar year in which the backward staggered taxation replaces. A forward shifted taxation can later begin April 1 of the calendar year as the forward staggered taxation replaces.

PCS. 2. A previously used income year can be selected swapped to another tax year, if justified in the circumstances that apply to the company or organization etc., such as account seasonal, industry changes, staff vacation, new business relationships or group affiliation. Reorganisation of an income can only occur if all income periods are taxed and if no income year in accordance with paragraph. 1, 6th and 7th sections., Either skipped or duplicated. The company or organization etc. should be before the end of the income desired rescheduled, giving notice to the customs and tax administration. Customs and Tax Administration may permit the conversion of a previously used income year based on other grounds in the company or organization etc. application for this must be submitted before the end of the income desired rescheduled.

PCS. 3. If a person, company, association, etc., or a group of persons, companies and associations etc. because of holding in the articles of association, agreement or joint management exercises a controlling influence on a company or association, etc., the customs and tax administration if this effect is associated with a substantial interest in this company or this association results of operations, require that the company or organization etc. reschedules its fiscal year so that it will coincide with the one used by the persons, companies or associations, etc. A controlling interest because of shareholdings is always if a person, association, etc., or a group of persons, companies and associations etc. 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 votes.

PCS. 4. Appears at restructuring of fiscal year income period is shorter or longer than 12 months, made the tax assessment on the basis of the income of the employed income period.


PCS. 5. All companies in a joint taxation under § 31 or § 31 A must have the same tax year as management company in accordance. § 31 paragraph. 6, or § 31 A, paragraph. 4. If a company in the establishment of consolidated compound has an income, which differs from the management company's income year, reorganized the company's fiscal year in accordance with paragraph. 1-4, so it coterminous with the management company's fiscal year. If the management company on the establishment of group connection with another company has launched a tax year, which have not started the company in question, it is considered that company's income year to have expired at the time of the establishment of group connection. If a new company set up group affiliated with another company in its first period income and this income period relating to a tax year, which has not yet started by the other company, joins the joint taxation but with effect for the newly founded company's first fiscal year. If a company with backward staggered taxation dissolved, the § 5, paragraph. 2, mutatis mutandis.

§ 11. If a company or association

1) the scope of § 1. 1, no. 1-2 b, 2 d-2 j, 3a-5b

2) debt to legal persons as mentioned in the Assessment Act § 2. 1 (controlled debt) and

3) the company or society leverage (debt) in relation to the company's equity at the end of the tax year exceeds 4: 1,
, interest expenses and losses related to the excess of the controlled debt are not deductible. Debt to natural persons who are shareholders of companies and associations, etc. subject to the Assessment Act § 2. 1, 2nd sentence. (Transparent entities) are not considered controlled debt. Capital losses may be deducted from capital gains on the same loan in subsequent years. Loans from third parties, as the controlling owners and any affiliated companies directly or indirectly secured, considered as controlled debt. Deductions pruning lapse to the extent that the company or the union proves that similar financing can be achieved between independent parties. Deductions Pruning occurs only when the controlled debt exceeds 10 million. kr. Deductions Pruning also takes place alone for the part of the controlled debt, which was reclassified as equity capital for the ratio of debt capital (debt) and equity income year amounts to 4: 1. Are there well-group controlled debt as controlled debt to a third party deduction pruning only the intercompany controlled debt and then for the controlled debt to a third party. Deductions pruning is done first for Danish controlled debt and then for foreign controlled debt. There shall be deducted pruning amount that can be taxed in Denmark under § 2. 1, paragraph d.

PCS. 2. under the provisions of § 1. 1 pt. 3 a, taxable consumer cooperatives can in the calculation of taxable income deduct dividend arrears or bonus provided to its members for that financial year. It is a precondition that members do not pay tax on the dividend, etc. under the Assessment Act § 16a paragraph. 4, no. 2. It is also a precondition that the dividend etc is finally determined by the coop within 6 months after the beginning of the concerned fiscal year. If dividend etc. raised after expiry of that period, the amount by which the dividend for the financial year is high, not deductible in calculating taxable income for the current fiscal year. The increase may not be brought to a tax deduction on income in subsequent income years.

PCS. 3. The provisions of paragraph. 2 referred to restrictions on deductions for dividends, etc. does not discount services.

§ 11 A. Insurance premiums from a company or association, etc., which is not an insurance company, to a related company, etc., see. Assessment Act § 2, can not be deducted from taxable income unless the insurance company to a large degree accounts corresponding insurance for independent parties. Insurance premiums paid to an independent insurance company considered covered by the 1st clause. To the extent that the risk reinsured from a company, etc. which are affiliated, see. Assessment Act § 2, with the company, etc. who pay premiums. Notwithstanding the 1st and 2nd clauses. may premiums deducted, to the extent it is proved that the risk reinsured by an independent company or organization etc.


PCS. 2. Insurance premiums to the insurance company are not included in its taxable income to the extent that the consolidated company has not been entitled to deduct the premium payments after paragraph. 1. There can not be deducted for provisions or reinsurance from affiliated companies relating to insurance, to the extent that premium payments are covered by the 1st clause. There can not be deducted for insurance benefits accruing to a related company, and payments are not included in the calculation of the receiving company's taxable income to the extent that there has been no deduction for premium payments under subsection. 1.

§ 11 B. In determining the taxable income of companies covered by § 1. 1, no. 1-2 b, 2 d-2 j, 3 a-6, § 2. 1, points a and b, or Hydrocarbon § 21 paragraph. 4, the income year net financial expenses only deductible to the extent they do not exceed the tax value of its assets multiplied by the standard rate, cf.. Paragraphs. 2. Pruning can not reduce the income year deductible net financing to the tune of 21.3 million. kr. However, there is no deduction pruning, to the extent that the net financing costs consist of net capital losses on debts that exceed the income year savings set. paragraphs. 4. Such net capital losses carried forward to be offset against taxable net gains on loans and interest income on subsequent indkomstårs statement of net financing costs. The statements by the 3rd and 4th section. drawn together under the scheme, see. paragraph. 8. If net financing expenses deduction pruned considered net losses on debt and financial contracts subject to Capital Gains Act always cut first.

PCS. 2. The standard interest rate for 1 year is calculated on the basis of a simple average of the National Bank of Denmark calculation of overdraft interest rate for non-financial corporations in the months of July, August and September preceding the income year corresponding calendar year. The National Bank calculated monthly overdraft interest rate for non-financial companies is calculated according to the European Central Bank Regulation (EC) no. 63/2002 of 20 December 2001 concerning statistics on MFI interest rates on deposits and loans to households and non financial corporations (ECB / 2001/18). The National Bank calculated monthly overdraft interest rate for non-financial corporations is calculated as a weighted average of the effective interest rate for the outstanding loan volume calculated to two decimal places. The simple average provided. 1st clause., Calculated to one decimal place. Standard interest rate published by 15 December preceding the income year corresponding calendar year.

PCS. 3. If the company calculates the taxable income for the Tonnage Tax Act, the amount is reduced in the paragraph. 1 with the part that the carrying value of treasury assets related tonnage taxed shipping business represents the total book value of treasury assets.

PCS. 4. The Company's net financial expenses consist of any negative sum of the following income and expenses:

1) Taxable interest income and deductible interest expenses. Interest income from trade receivables, etc. and interest payments to trade creditors, etc. are not included.

2) Commissions and the like., Which is deductible by the Tax Assessment Act § 8 ​​paragraph. 3, and the corresponding taxable fees etc. Fees etc. relating to trade payables, or trade receivables, etc. are not included.


3) Taxable gains and deductible losses on claims, debt and financial contracts subject to Capital Gains Act. Gains and losses on trade payables and trade receivables are not included. Gains and losses on loans are not included when the taxpayer carries nutrients the purchase and sale of receivables or carry on trading activities by funding and other party not affiliated, see. § 31 C. Gains and losses on bonds issued to fund loans covered by third section. and financial contracts relating thereto are not included. Gains and losses on contracts (forward contracts, etc.), which serves to ensure the income and expenses, including the taxed companies are not included. Unrealized gains on interest rate swaps on loans secured by real estate are not included but can be carried forward by subsequent indkomstårs statement of net financing to offset the unrealized losses on the same contract and realized losses on the same contract that is realized in the income year in which the contract is terminated. Gains and losses on forward contracts, etc. are included, however, if the taxpayer carries nutrients the purchase and sale of debts and financial contracts carry on trading business by financing or if the other party is affiliated, see. § 31 C.

4) An estimated financing cost of finance lease payments are counted by the lessee, while the lessor will count a calculated financial income.

5) The taxable profit and utilized losses on the sale of shares, subject to Capital Gains Tax Act and taxable dividends and taxable sales amounts under the Assessment Act § 16 B. Is the sum after the first section. negative, included not but be carried forward to subsequent years. 1st clause. Excluding the return of stock taxed nourishment shares covered by paragraph. 5, 7. section.

6) Notwithstanding Nos. 1-5 are included finance income and expenses, which are included as a result of CFC taxation in § 32 or due to the recapture according to § 15 paragraph. 8 and 9 of Law no. 426 of 6 June 2005, not in the calculation of net financial expenses.

PCS. 5. The tax value of the assets is determined by the income year. Depreciable assets included with the written down value. Assets that are not depreciable, are included with the purchase price plus cost of improvements. Shares etc. covered by the Capital Gains Tax Act, see. However paragraph. 6, claims and financial contracts subject to Capital Gains Act as well as premium bonds and cash equivalents are not included in the calculation of the company's assets. For the assets included net value of work in progress. The value of work, nutritional assets, inventories and receivables acquired from the sale of goods and other food assets and services (trade debtors, etc.) are included in the asset statement, to the extent which the value exceeds the value of the debt arising from the purchase of goods and other food assets and services (trade creditors, etc. ). Alone storage taxed nourishment shares included. For the assets included in the acquisition cost of forward contracts, etc. that serve to hedge income and expenses, see. Paragraph. 4, no. 3, 6 and 7 points. The calculation of the company's assets included carryforwards in accordance with § 12. There is excluded from the deficit that would be carryforwards at the end of the tax year without income year less pruning after paragraph. 1 and § 11 C. The calculation of a company's assets included the carrying value of assets under finance leases by the lessee. The lessor excludes financial Lease assets. A finance lease is between taxed companies, see. § 31 or § 31 A, used the tax value instead of book value. Assets that are subject to taxation under the Tonnage Tax not included. Assets invested by foreign affiliated entities referred to. § 31C, included only to the extent that the assets remain in the company for at least 2 years. The assets included always, if the group has chosen international joint taxation according to § 31 A.


PCS. 6. For the fiscal value of the assets in accordance with paragraph. 5 included 20 per cent. per annum, meaning. However paragraph. 12, a total balance of the purchase price for the company's directly owned shares in affiliated companies, see. § 31C, which are not included in the joint taxation. For taxed companies carried a total balance of the management company. The purchase price of shares acquired from a related company, see. § 31C, or by a capital increase in an associated company, see. § 31C, conferred no balance, see. However, 4th and 5th section. To the extent it can be proven that a capital increase in a directly owned company has been part of an indirect acquisition of shares in a company from a company outside the group, see. § 31C, included the acquisition cost at the time of the indirect acquisition. A maximum included the least amount of five times the subscribed capital and the amount that would be included if the company were acquired directly by a company jointly taxed. The balance shall be reduced:

1) The fair value at the acquisition date of shares in Danish companies, permanent establishments and real property in Denmark, owned directly or indirectly by the directly owned company.

2) The fair value at the acquisition date of the company's rental properties, cash, securities, etc., See. Capital Gains Tax Act § 34 paragraph. 6. There must however be done only consolidation of affiliated subsidiaries, see. § 31 C.

3) The value of the subsequent direct or indirect acquisition of shares in Danish companies, permanent establishments and real estate in Denmark.

4) The transfer price of the shares in the directly owned company and that company directly or indirectly owned shares in affiliated companies, see. § 31 C. This does not apply if the shares are sold to a company or permanent establishment are taxed jointly. Surrendered shares to an associated company, as the taxed companies or permanent establishments directly or indirectly own shares in reduced balance only to the extent that the direct and indirect ownership interest is less in the acquiring company than in the refrain company. Abandonment The sum deducted from the value of the divested company directly or indirectly owned shares in Danish companies, permanent establishments and real estate in Denmark. Indirect disposal through sale of a jointly taxed company or permanent establishment and termination of group affiliated treated as a sale for their market.

5) The transfer sum for business in the directly owned company and business in this company directly or indirectly owned affiliates, see. § 31 C. divested business to a related company, as the taxed companies or permanent establishments directly or indirectly own shares in reduced the balance only to the extent that the direct and indirect ownership interest is less in the acquiring company than in the refrain company. Abandonment sum for the company deducted the value of its directly or indirectly owned shares in Danish companies, permanent establishments and real estate in Denmark.

6) Distributions from the directly owned company taxed companies and permanent establishments that exceed cash etc. and selling prices, which have reduced the balance after no. 2, 4 and 5.

7) Distributions of dividend preference shares in the directly owned company or companies in which the company directly or indirectly owns shares of affiliated companies, see. § 31C that are not included in the joint taxation to the extent that the taxed companies and permanent establishments have less direct or indirect ownership interest in the company receiving it than in the distributing company.

8) Grants from the directly owned company or companies in which the company directly or indirectly holds shares of companies and permanent establishments are taxed jointly, and affiliated companies, see. § 31C that are not included in the joint taxation, the extent jointly taxed companies and permanent establishments have less direct and indirect interest in the grant recipient company than in the grant-making company.

PCS. 7. If a company is not taxed throughout the tax year, included assets in the calculation under paragraph. 5 and 6 in relation to how much tax period constitutes a calendar year. The amount in paragraph. 1, see. Paragraph. 3, adjusted accordingly.


PCS. 8. Companies included in the joint taxation according to § 31 or § 31 A showdown Group's net financial expenses and the tax bases of assets summarized. The amount in paragraph. 1 apply jointly for the jointly taxed companies. Included the tonnage tax company in a joint taxation, see. §§ 31 and 31 A, paragraph. 3 collectively apply to the jointly taxed companies and disregarding shares taxed companies as well as debts and claims between the jointly taxed companies. If a company is not part of the joint taxation throughout the tax year, included in the calculation under the 1st clause. the company's assets at the end of sub-period, in accordance. § 31 paragraph. 5, compared to the proportion subperiod constitutes a calendar year. When there is less pruning after paragraph. 1, distributed pruning proportionally based on how much each company's net financing with no net capital losses that are not pruned after paragraph. 1, 3rd section. Exceeds the tax value of the assets, see. Paragraph. 5, multiplied by the standard rate.

PCS. 9. Deductions Pruning after paragraph. 1-8 is carried out after any deductions pruning according to § 11

PCS. 10. If a company in an income deduction pruned after paragraph. 1, the trimmed net losses on debt and financial contracts subject to Capital Gains Act may be deducted from capital gains on debt and financial contracts subject to Capital Gains Act in the three subsequent years. Notwithstanding the 1st clause. can be cropped unrealized loss on an interest rate on loans secured by real estate conveyed during the contract period for the deduction of unrealized capital gains on the same contract and realized capital gains on the same contract, which is realized in the income year in which the contract is terminated. By carrying over of capital losses offset the oldest losses first. Capital losses carried forward together under the scheme by the management company. At the demerger of the management company distributed the carry-forward losses in proportion to the taxable value of assets, see. Paragraph. 5 and 6 of the recipient companies. Regardless fourth section. can be cropped unrealized loss on an interest rate swap carried forward for the company which has entered into interest rate swap if the company withdraws from the joint taxation.

PCS. 11. 1-10 does not include life insurance companies. Life insurance can be as a management company in a joint taxation advancing trimmed losses, see. Paragraph. 10. The trimmed losses can not be offset in the life insurance company gains.

PCS. 12. For the purposes of paragraph. 6, first paragraph., Used the medregningsprocenter listed in the second-9. section. For tax year 2010, the percentage of 17.5. For tax year 2011 is the percentage of 15. For income year 2012 represents the percentage of 12.5. For tax year 2013 represents the percentage of 10. For tax year 2014, the percentage of 7.5. For tax year 2015 represents the percentage 5. For tax year 2016, the percentage of 2.5. For tax year 2017 and subsequent income represents the percentage 0.

§ 11 C. The taxable income before net financial meaning. § 11 B, paragraph. 4, for companies covered by § 1. 1, no. 1-2 b, 2 d-2 j, 3 a-6, § 2. 1, points a and b, or Hydrocarbon § 21 paragraph. 4, the maximum reduction of 80 per cent. due to net finance cost, after any deductions pruning according to § 11 B. The taxable income and net finance costs adjusted for net capital losses that can not be pruned according to § 11 B, paragraph. 1, 3rd section. Pruning can not reduce the income year deductible net financing to the amount according to § 11 B, paragraph. 1, see. § 11 B, paragraph. 3 and paragraph. 7, 2nd sentence. If the taxable income before net financial negative, the deductible net financing may not exceed the amount in the third section. Clipped net financing costs after 1st-4th section. can be carried forward for deduction in subsequent years. Carryover net financing costs included in the calculation under the 1st clause. in subsequent years.


PCS. 2. Companies included in the joint taxation according to § 31 or § 31 A, calculates the taxable income and net financing total. The amount in § 11 B, paragraph. 1 apply jointly for the jointly taxed companies. When there is less pruning reduces companies' deductible net financing proportionally to the extent of each company's net financing exceeds 80 per cent. of the company's taxable income before net financial expenses. If the assigned less pruning excess of net financing costs in each of the companies, distributed the excess deduction pruning proportionately. Clipped financing conveyed gathered for the jointly taxed companies in the management company. At the demerger of the management company distributed the deferrable interest charges in proportion to the tax base of the recipient companies.

PCS. 3 pieces. 1 and 2 does not cover life insurance. Life insurance can be as a management company in a joint taxation forward cropped net financial expenses. The trimmed net financing costs can not be offset in the life insurance company's income.

§ 12. If the taxable income shows a loss, loss may be deducted in computing the taxable income for the next fiscal year in accordance with paragraph. 2 and 3.

PCS. 2. Losses from previous tax year are deductible in full in the part of the taxable income not exceeding a basic amount of 7.5 million. kr. (2010 level). One then remaining losses can be deducted for 60 per cent. the portion of the taxable income which exceeds the basic amount. The basic amount in the first section. regulated by the Personal Tax Act § 20

PCS. 3. Losses may be carried over for deduction in a subsequent income, to the extent not provided by paragraph. 2 can be accommodated in the prior-year income.

PCS. 4. If a company etc. choose to apply the rules of § 31 paragraph. 9, or Assessment Act § 33 H, paragraph. 1, and this option means that the estimated taxable income in the tax year represent an amount greater than the taxable income in the tax year calculated in accordance with the rule in paragraph. 2, the rule in paragraph. 2 shall not apply in the income year.

§ 12 A. If a company, etc. in an income year an arrangement with creditors in a restructuring, reduced unused loss carryforwards and then unused deductible losses that can be carried forward under the rules of the Capital Gains Tax Act § 9 paragraph. 4 and § 43 paragraph. 3, Capital Gains Act § 31 paragraph. 3 and § 31 A, paragraph. 3, and property gains tax Act § 6, paragraph. 3, from the current and previous assessment of the amount by which the debt is reduced, see. However paragraph. 2. The reduction will take effect for the income year in which reconstruction proposal with compulsory composition confirmed, and subsequent income.

PCS. 2. The reduction amount under subsection. 1 reduced:

1) The portion of the reduction amount, which is taxable for the debtor company.

2) With the part of the debtor company's income derived from the company's release of debt liabilities that are tax exempt dividend payments according to § 13 paragraph. 1 pt. 2 or tax reimbursement according to § 31 D.

3) To the extent that the debtor company under the rules of the Capital Gains Act §§ 8 and 24 A should not include the gain on the debt by income.

PCS. 3. A full or partial conversion of debt into equity or convertible bonds equivalent to a debt reduction. In these cases reduced the deficit by the amount by which the converted claim is nominal exceeds the converted claim is market value at the time of conversion.

§ 12 B. § 12a apply correspondingly to agreements on a comprehensive arrangement between a debtor company and its creditors for cancellation or reduction of the company's debt (voluntary agreement).

§ 12 C. § 12a shall apply mutatis mutandis to the extent that the reduction or payment of a claim made in connection with a grant according to § 31 D or a capital contribution to the debtor company or to a company, etc., in which the debtor company owns more than 10 per cent. stock or share capital when the capital contribution directly or indirectly made:

1) The creditor of the debt or the creditor spouse.

2) For a company in which the creditor or the creditor's spouse, directly or indirectly owns more than 50 per cent. stock or share capital directly or indirectly holds more than 50 per cent. of the votes.


3) A person who, alone or together with his spouse, directly or indirectly owns more than 50 per cent. stock or share capital of creditor company or holds more than 50 per cent. of the votes.

4) For a company that is affiliated with the creditor company pursuant. Capital Gains Act § 4, paragraph. 2.

5) For a guarantor for the debt and of persons and companies, etc. that have the Nos. 1-4 above related to the guarantor.

6) A former creditor or guarantor of the debt and of persons and companies who have it in Nos. 1-4 above related to the former creditor or guarantor. It is a condition that the claim or guarantee contract transfer is deemed to have occurred in connection with the capital investment.

PCS. 2 pcs. 1 shall apply only if the reduction or settlement represents an overall arrangement between the debtor company and its creditors. If the capital contribution made in connection with the acquisition of shares or convertible bonds in the debtor company, the § 12a paragraph. 3, mutatis mutandis.

PCS. 3. When calculating the amount of the reduction except it made grants or debt.

PCS. 4. The reduction amount under subsection. 3 reduced:

1) The portion of the reduction amount, which is taxable for the debtor company.

2) To the extent that the debtor company under the rules of the Capital Gains Act § 8 ​​at the time of the reduction or settlement of the claim or the regresfordring, the guarantor would have achieved by any bail payment should not include any gain on the claim or regresfordringen by calculating taxable income.

PCS. 5. The amount of the reduction amount must be reduced by following paragraph. 4, no. 2, calculated as the difference between, on the one hand the creditor's acquisition of the receivable or the purchase price for regresfordringen, the guarantor would have after any bail payment on the debt, and on the other hand claim market value on the redemption date, taking apart from the capital grant.

§ 12 D. If more than 50 per cent. of the share capital of a company or units of an association governed by § 1. 1 pt. 1, 2 or 4 or § 2. 1, point a, or a similar company etc. covered by § 2 A, paragraph. 1, by income year owned by other shareholders or members than at the beginning of the previous income year in which the taxable income showed a deficit, the deficit does not reduce the taxable income for an amount less than the company's positive net capital resources referred to. Paragraphs. 3, plus income from rental of depreciable operating equipment and ships. The same applies if other shareholders or members by income year than at the beginning of the year the deficit has more than 50 per cent. of the total voting power.

PCS. 2. The change of ownership referred to in paragraph. 1, point 1., Or modification of the voting referred to in paragraph. 1, point 2., The deficit also does not reduce the taxable income if the company or the union at the time of change in ownership of shares or units or for modification of the councilor of the voting is essentially no financial risk from occupational activity or occupational activity in one or more subsidiaries in which it owns at least 25 per cent. of the share capital. 1st clause. shall not apply if the company or association from inception until the time of the change in ownership of shares or units or for modification of the councilor of the voting did not drive commercial business.

PCS. 3. Net investment income is the sum of

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

2) taxable gains and deductible loss for Capital Gains Act

3) dividend for the Assessment Act § 16 A,

4) The taxable gain or deductible loss on disposal of shares for Capital Gains Tax Act and the Tax Assessment Act § 16 B and

5) the Assessment Act § 8 ​​paragraph. 3, issue commissions, etc.

PCS. 4 pcs. 1-3 does not apply

1) on companies whose shares are admitted to trading on a regulated market or

2) if the paragraph. 1 relevant change in the Company's owners due to the transfer of securities, etc. to persons mentioned in boafgiftslovens § 1. 2, point of a spouse, parents, offspring or stepparents.


PCS. 5. Where a company or an association governed by § 1. 1 pt. 1, 2 or 4 or § 2. 1, point a, or a similar company etc. covered by § 2 A, paragraph. 1, owns 25 per cent. or more (the parent undertaking or association) of the share capital of another company (the subsidiary) or of shares in another association (daughter Association), is not the parent undertaking or association, but the shareholders of the parent company or the members of the parent association at the application of paragraphs. 1 and 2 to hold the shares in the subsidiary or shares in subsidiaries association for their proportionate share of the equity share capital or of the parent company's share.

PCS. 6 pieces. 5 does not apply to parent companies whose shares are admitted to trading on a regulated market. One parent, whose shares have been admitted to trading on a regulated market from the early deficit in the year and end of the income year in which the deficit desired deduction may, with future effect choose to apply the rules in paragraphs. 5, if the shares in the parent company is registered in the name. If the shares of a parent company for the same period as mentioned in point 2. ceases to be admitted to trading on a regulated market, this is not considered a change of ownership in terms of paragraphs. 1 and 2. In a share swap, where a company's owners after the first section. changes from the shareholders of a company whose shares are not admitted to trading on a regulated market, a company whose shares are admitted to trading on a regulated market, the latter company with future effect choose to apply the rules in paragraphs. 5, if the shares are registered. PCS. 5 apply correspondingly to parent companies whose shares are not admitted to trading on a regulated market and parent associations established in a State with which Denmark has signed a double taxation agreement, Greenland or the Faroe Islands or in any country within the European Union. This only the ownership interests in the subsidiary between early deficit in the year and end of the income year in which the deficit desired deduction is transferred to either parent after the fifth section. or another subsidiary of which the parent company during that period at least 25 per cent. of shares. 5 and 6 sections. apply mutatis mutandis to associations. If a parent or a parent association between early deficit in the year and end of the income year in which the deficit desired deduction has reduced its stake to less than 25 per cent. or increased its stake to 25 per cent. or more, the rules in paragraphs. 5 in determining whether there has been change after paragraph. 1 and 2.

PCS. 7. The limitation in paragraph. 1, point 1., After which the deficit can not reduce the taxable income for an amount less than the company's positive net capital income, does not apply to losses arising from the income year in which the company throughout the tax year operated as a bank, insurance company, mutual fund or mortgage or otherwise exerted fueled by the purchase and sale of receivables or drive trading activity by financing.

§ 13. For the taxable income shall not include:

1) Additional paid, obtained by a company by issuing shares or by expansion of its share capital.


2) Dividends in § 1. 1, no. 1-2 b, 2 d-2 j, 3 a 5-b, said companies and associations etc. receive shares or interests in companies covered by § 1. 1, no. 1-2 b, 2 d-2 j and 3a-5 b, or companies domiciled abroad. This applies only dividends of subsidiary shares and group shares. See Capital Gains Tax Act §§ 4 A and 4 B. The provision in the first section. does not include dividends, where the dividend-paying company deduction for dividends, unless the foreign tax waived or reduced in accordance with Directive 2011/96 / EU on a common system of taxation applicable to parent companies and subsidiaries of different Member States. The provision in the first section. Nor do they include dividends, to the extent that a subsidiary at a lower owner level have had deductions for dividends without deduction is offset by the taxation of dividends to an intermediate level, and source taxation of dividend distributions in none of the intermediate levels had to be waived or reduced by Directive 2011/96 / EU. The provision in the first section. does not include dividends on shares as mentioned in Capital Gains Tax Act § 19. The provision in the first section. shall apply mutatis mutandis, if the dividend recipient is a similar company, association, etc. as mentioned in § 2. 1, point a, and the company or organization etc. resident of a foreign state that is a member of the EU or EEA, the Faroe Islands or Greenland or a state that has a tax treaty with Denmark. In assessing whether a company or an association etc. as mentioned in § 2. 1, point a, satisfies the condition in the second section. Included all shareholdings, the company or organization etc. have in the dividend-paying company.

3) Amounts as residing in this country company, ref. § 1. 1 pt. 1, 2, 2 e, 2 f and 2 h derives dividend of treasury shares or units. This provision shall also apply if the dividend recipient is a similar company or association etc. as mentioned in § 2. 1, point a, and the company or organization etc. resident of a foreign state that is a member of the EU or EEA, the Faroe Islands, Greenland, or a state that has a tax treaty with Denmark.

4) Any amount paid to an employee investment firm which. § 1. 1 pt. 2 b, the employee participants.

PCS. 2. Yields of tax-equity securities referred to in the Capital Gains Tax Act § 4 c, which are not covered by paragraph. 1 pt. 2 or 3 and received by companies, etc. that are taxable under § 1 or § 2. 1, point a, included in the calculation of taxable income by 70 per cent. of the dividend amount referred. However, 2nd and 3rd sentences. 1st clause. shall not apply if the shares of the dividend-paying company is subject to Capital Gains Tax Act §§ 17 or 19 of the first section. shall not apply if the dividend-paying company can deduct dividends. PCS. 1 pt. 2, fourth sentence. shall apply mutatis mutandis.

PCS. 3. Insurance companies can in the calculation of taxable income in accordance with paragraph. 4-10 or § 13 F deduct amounts spent on tax after pension Tax Act, § 8, to the extent that the income tax for the year after taxation of pension Act § 8 ​​has reduced the income year provisions or benefits for insured persons regarding the income corresponding to the income year under this Act, and amounts set aside to cover their obligations to policyholders in the form of technical provisions and statutory equalization reserves for credit and guarantee insurance.


PCS. 4. Dividends and equity and property gains, which should not be included in an insurance company or to a thus taxed subsidiary's taxable income, and then yields exempt a double taxation treaty is considered the greatest extent possible for spent on payments to the insured, the in paragraph. 3, point 1., Said provisions and to tax after pension Tax Act, § 8 before these amounts are deducted from the taxable income. Dividends and capital gains on shares in the joint taxation included subsidiaries and treasury shares are not counted by the insurance company, the parent company, statement of the mentioned dividends and profits. For the income year in which stocks or real estate sold, reduced the sum of dividends and profits as calculated after the 1st and 2nd section. with a taxable gain on the sale. The sum of dividends and profits as calculated after the 1st and 2nd section. added a deductible loss on sale of shares or real estate in the income year in which the loss is used to offset. A company's unused deductible losses at the end of the last tax year in which dividends and profits of the company concerned can reduce the deductibility of the insurance company, conferred by the insurer's calculation of the sum of dividends and profits for 1st and 2nd clauses. for the subsequent years. 4 and 5 points. applies only to the extent that the loss has affected the sum of dividends and profits for 1st and 2nd clauses. the insurance company in the past fiscal year. If not all the shares in a subsidiary taxed jointly owned directly or indirectly by the insurer excludes the portion of the tax and easing eligible dividends and profits of the subsidiary, which corresponds to the insurer's average ownership interest in the subsidiary's share in the income year.

PCS. 5. For non-life insurance represents the reduction of the deduction under subsection. 4 or to the part of the company's tax and easing eligible dividends and profits, etc., corresponding to the amount by which the company's payments to the insured in paragraph. 3, point 1., Said provisions and other operating expenses deductible exceeds its taxable premium income plus 50 per cent. of technical interest for their own account. The statement by the 1st clause. done by the company from year to maintain an account of the company's total tax and easing eligible dividends and tax-free profits and offsetting losses (financial account) and an account of the amount by which the company's payments to the insured in paragraph. 3, point 1., Said provisions and other operating expenses deductible exceeds its taxable premium income plus 50 per cent. of technical interest for their own account (operating account). If the balance of the operating account is positive and there is also a positive balance on the financial account, use the smaller of the two amounts in the first section. The balance of both accounts is reduced by the amount used in the first section., And the remaining balances are transferred to the subsequent years.

PCS. 6. If an insurance company is taxed jointly with another insurer, made an overall assessment of tax and easing eligible dividends and profits mm by paragraph. 4. The amount determined is distributed proportionally between the insurance companies and then making deductions limitation under subsection. 4 paragraphs. 5. Carry out each its overall inventory by 1st and 2nd clauses. for life and non-life insurance. Insurers that by the relative distribution uses another insurer's loss must prove the latter company the tax value of the loss. The compensation does not have tax implications for companies. If a life insurance company directly or indirectly owns an insurance company, which is taxed jointly with, the tax and easing eligible dividends and profits, etc., will not be deemed to have been used to damage the insurer's payments to the insured and to in paragraph. 3, point 1., Said provisions and deductible operating costs, attributable to the life insurance company, the parent company for deduction limitation in this company.


PCS. 7. If an insurance company in the entire year of directly or indirectly owns 25 per cent. or more of one or more companies not covered by the joint assessment takes into account the insurance company, the parent company, by applying the rules of paragraphs. 4 and 5 are also tax-exempt and easing eligible dividends and profits of the subsidiaries. From subsidiaries excludes the portion of the tax and easing eligible dividends and profits corresponding to the parent company's average share of the subsidiary's share in the income year. Dividends and capital gains on the parent company's shares in subsidiaries are not included. To the extent that tax and easing eligible dividends and profits of subsidiaries which are insurance companies after paragraph. 4 and 5 are considered to have been used for payments to the insured to in paragraph. 3, point 1., Said provisions and to tax after pension Tax Act, § 8 of these companies, they should not be included in the parent company after the 1st and 2nd clauses. For permanent establishments abroad, which carries out insurance and are not covered by international joint taxation, the fourth section. mutatis mutandis.

PCS. 8. If the sum of dividends and profits calculated in accordance with paragraph. 4, 6 and 7 for a life insurance excess payments, provisions and tax after pension Tax Act, § 8, as mentioned in paragraph. 4, 1st clause., Included the excess amount to the company's taxable income. If the sum is negative for the life insurance company, the amount in the calculation of its taxable income. The deduction is made before carry over any unused losses in previous income years and can not do the company's taxable income is negative. Any remaining negative sumbeløb deducted from the dividends and profits as calculated in accordance with paragraph. 4, 6 and 7 for subsequent years. By exemption from taxation under § 3, the company can receive tax value calculated in § 17 paragraph. 1, mentioned percent of a remaining negative sumbeløb after the fourth section. on the last tax year in which the company is taxable. The payments are not taxable. 5 and 6 sections. apply mutatis mutandis to life insurers for the income year in which the company gets taken life insurance portfolio under administration under §§ 253-258 of the Financial Business Act, with a remaining negative sumbeløb after the fourth section. However conferred unused deductible losses that have affected the calculation of sumbeløbet for the income year in which the shares or real estate is sold. These unused losses can then be used in accordance with the Capital Gains Tax Act or property gains tax law.

PCS. 9. equity and real estate gains, as required for payments to the insured, the provisions under paragraph. 3, first paragraph. And to tax after pension Tax Act, § 8, and in paragraph. 4, the margins are calculated as the difference between the value of the income year and the value of the income year (inventory principle). For purchases and sales during the tax year are included respectively in value and the consideration received in the statement of equity and property gains as mentioned in the first section.

PCS. 10. In the statement under paragraph. 4-9 treated capital gains, which are received through a custodian fund, like capital gains, which are received directly.

§ 13 A. Institutions licensed as mortgage after the Financial Business Act, should the calculation of taxable income does not include borrowers' contribution to an outstanding debt adjustment fund in accordance. § 23g, paragraph. 1 of Executive Order no. 571 of 15 August 1989 by the law on mortgage and § 4b of Executive Order no. 699 of 5 November 1987 Act on a financial institution for agriculture, etc., as amended by Act no. 373 of 6 July 1988 . Institute etc. nor do you include the return of the Fund.

§ 13 B. Banks must by calculating taxable income does not include returns of securities underlying pooled deposits and taxed after pension Tax Act, or amounts for Pension Tax Act § 30 A transferred from deposit accounts to offset negative pool returns. Banks may not deduct upon delivery of the pool returns for pension savers' deposits.

PCS. 2. Return on assets in pools with a bank that is transferred to cover administration costs, etc., should be included in the calculation of the bank's taxable income.


§ 13 C. Security fund reserves that have been made in the financial years 1959-89 with effect for determining taxable income and per. December 31, 1994 have not yet used are included in the calculation of the insurer's taxable income under the rules of 2nd-5th section. For every 10 percentage insurer's technical provisions on own account, apart from bonus equalization reserve at the end of the tax year is reduced in proportion to the technical provisions on own account, apart from bonus equalization provisions, per. 31 December 1994 included 10 percent of sikkerhedsfondshenlæggelsen per. December 31, 1994 in the calculation of its taxable income for that fiscal year. Reduced sikkerhedsfondshenlæggelsen whole or in part, including by transfer included a similar amount in the calculation of its taxable income for that fiscal year. Security fund reserves, which is included in income under section 3., Can be deducted when calculating the fund provisions, which for that or subsequent income shall be included in income under the second section. Security fund reserves, which are not included in income under the 2nd and 3rd clauses., Included in the calculation of taxable income for the tax year in which the company ceases to carry on insurance business.

PCS. 2. The transfer of insurance policies on 31 December 1994, subject to the Pension Taxation Act, Chapter 1, and that has not been present before 1 July 1996 from an insurer to a life assurance paragraphs. 1, 3rd section. Does not apply to a simultaneous transfer of fund provisions to the life insurance company's contingency fund. This applies to a maximum transfer of fund provisions corresponding to the portion of the damage the insurer's fund provisions by. December 31, 1994, corresponding to the ratio between the transferred policies and all insurance insurance company per. 31 December 1994. Upon surrender to a life assurance, it is also a condition that the receiving life insurance fund provisions and provisions referred to in paragraph. 1 pr. December 31, 1994 increased by the to the transferred insurance equivalent reserves and provisions. Where paragraph. 1 on the receiving company is considered the increased allocations to the contingency fund as untaxed reserves.

PCS. 3. If, in connection with a transfer to in paragraph. 2, the insurance is not a simultaneous transfer of all the fund provisions transferable tax that paragraph, the insurance company include not transferred part of these reserves in its taxable income for the tax year in which the policy is transferred.

§ 13 D. Energinet.dk and its subsidiaries showdown each a separate taxable income for the activities covered by their separate accounts for electricity activities pursuant to § 12 of the Act on Energinet.dk.

PCS. 2. Energinet.dk and its subsidiaries showdown each a separate taxable income for other activities not covered by paragraphs. 1.

PCS. 3. Where an asset is used in connection with activities covered by both paragraphs. 1 and 2, the depreciable acquisition cost in accordance with the separate accounts pursuant to § 12 of the Act on Energinet.dk. This does not include assets with input values ​​according to § 35 O.

§ 13 E. At the joint taxation of Energinet.dk considered the activities covered by Energinet.dk's and its subsidiaries' electricity activities pursuant to § 12 of the Act on Energinet.dk, to be separate units in relation to the other activities.

§ 13 F. Life insurance companies can determine the taxable income of a share in a legal person as the sum of dividends from the share and gains and losses on the share calculated in accordance with paragraph. 2 referred to. However paragraph. 3 and 4 when the legal person in accordance with Danish tax rules do not constitute a single taxpayer. It is a condition that the taxpayer not at any time in the tax year is consolidated with the legal person referred to. § 5 of the Financial Business Act. 1st and 2nd clauses. shall apply mutatis mutandis, if the investment is made through an account-holding investment fund, see. § 2 of the Law on the taxation of members of custodian funds.


PCS. 2. Gains and losses on a share in a legal person referred to in paragraph. 1 is calculated as the difference between the value of the proportion of the income year and the value of the income year (inventory principle). The purchase of the stake in a tax year calculated gains and losses as the difference between the value of the share in the income year the share and the acquisition cost. Is the share transfers in the income year, calculated gains and losses as the difference between the consideration share and the value of the income year beginning. The proportion acquired and disposed of in the same tax year, calculated gains and losses as the difference between the consideration and purchase price.

PCS. 3. The taxpayer can deduct the tax paid to the foreign state, the Faroe Islands or Greenland in tax after Assessment Act § 33 paragraph. 1 and 2, if the tax is attributed to the tax base in accordance with paragraph. 1. It is a condition that it liable to taxation determines deductible tax under Assessment Act § 33 paragraph. 1 and 2, for all incomes from the same country.

PCS. 4. The taxable income under paragraph. 1 reduced by a proportionate share of the increase in value of the share in the legal person, which corresponds to the taxpayer's expenses that are not deductible because they are attributable to transactions between the taxpayer and the legal person. The taxable income under paragraph. 1 increased by a proportionate share of the decline in the value of share in the legal person, which corresponds to the taxpayer's income that is tax free because they are attributable to transactions between the taxpayer and the legal person. The taxable income under paragraph. 1 subject to a proportionate share of the legal entity's losses on claims on companies that are affiliated with the taxpayer, see. Capital Gains Act § 4, paragraph. 2.

PCS. 5. Select the taxpayer to calculate the taxable yield on a share in a legal person under subsection. 1, this choice is binding for the taxpayer, so long as the savings are placed in the proportion referred. However paragraph. 1, 2nd sentence. If the requirement of paragraph. 1, point 2., No longer met, the taxpayer may not subsequently select statement under subsection. 1.

PCS. 6. On disposal of property acquired before January 1, 1998 are taxed the portion of taxable profits or losses relating to the period from the acquisition date to January 1, 1998 under the rules of the depreciation law and property gains tax law. Depreciation is made by income year 1997 added to the taxable income in accordance with paragraph. 1.

PCS. 7. Upon the sale of real estate acquired on 1 January 1998 or later conferred depreciation taxable income under paragraph. 1.

PCS. 8. Register by the taxable yield on a share in a legal person under subsection. 1, the § 13 paragraph. 4-10 does not apply.

§ 13 G. Aktieavancebeskatningslov § 27 to increase the purchase price by a lack of effective payment of the minimum income of a UCITS with minimum tax applies to life insurance companies, although UCITS is a UCITS pursuant to the European Parliament and Council Directive 2009/65 / EC.

§ 13 H. Receives a life insurance covered by § 1. 1 pt. 1, through a merger with an institution covered by § 3, paragraph. 1, no. 9, or with an occupational life insurance limited company under § 3, paragraph. 1, no. 18, equity in the pension fund or occupational life insurance joint-stock company, included equity in the breakdown of the life insurance company's taxable income. 1st clause. apply correspondingly to the merger with a foreign domiciled life insurance company, if the contributed assets and liabilities, etc. linked to the company's permanent establishment or immovable property in this country.

PCS. 2. The merger has tax effect from the effective date of the opening balance of the receiving company which are prepared in connection with the merger. The target date for the receiving company's opening balance sheet must coincide with the effective date of the receiving company's financial year. § 8a paragraph. 2 and 3 shall apply mutatis mutandis to mergers by paragraph. 1.


PCS. 3. Equity, according to paragraph. 1 is not included in the calculation of the life insurance company's taxable income, recaptured by the rules in the 2nd-4th section. to the extent that the amount is not taxed according to § 13 C. Is the life insurance company's equity at the end of an income year reduced to equity ratio calculated in the opening balance of the receiving company, see. paragraph. 1, included an amount equal to the decline in the calculation of its taxable income until the whole of the equity is recaptured. Income for the year amounts to recapture calculated as its amount positive difference between equity in the second section. stated opening balance less genbeskattede amount and the company's equity in income this year. Received funds which are not included in income for 2nd and 3rd clauses., Included in the calculation of taxable income for the tax year in which the company ceases to operate life insurance business. Cease its life insurance business, wholly or partially as part of a merger, division or transfer of assets under the rules of the Merger Tax Act, enters it or the consignee companies in The liability in relation to the received shares of the transferring company equity. 5. section. shall apply only if the contributed assets and liabilities, etc. attached to a recipient company resident in this country or abroad resident permanent establishment or immovable property in this country.

§ 13 I. A water company etc. covered by § 1. 1 pt. 2 h, or § 1. 1 pt. 1, see. § 2. 1 of the Act on water sector's organization and finances, and by merging with a water supply company, etc., covered by § 3, paragraph. 1 pt. 4 a, receives the assets of the water supply company, etc., may choose not to include the received assets in the calculation of taxable income.

PCS. 2. If the receiving water company related basis. 1 have chosen that assets, such as water supply company, etc. received from the merger will not be included in the calculation of taxable income, determined the receiving water company etc.'s input values ​​for receiving depreciable assets to 0 kr. Input values ​​of assets and liabilities received not covered by the 1st clause., determined in accordance with § 5 D, paragraph. 8-10.

§ 14. For the in § 1. 1, no. 3, said cooperatives constitute taxable income a percentage of its assets in income this year. The statement of income are made in accordance with §§ 15, 16 and 16 A. Is worth negative, valued income to 0.

PCS. 2. The assets constituting the fund's assets less the corporation's liabilities. In the statement of assets apart from goodwill and similar intangible rights and suspensive conditional rights and use rights or claims to periodic payments of public or private conferred association, and non-transferable. In the statement of assets apart also from the part of the income year profits as dividends or post-distributed for the fiscal year. Furthermore, apart from units in other cooperatives covered by § 1. 1 pt. 3

PCS. 3. The calculation of the assets included in the fund's assets and liabilities to fair value at the balance sheet date, see. However paragraph. 4-7.

PCS. 4. Products covered by the Act on tax determination of inventory, etc. and livestock covered by the law governing the tax treatment of livestock, included in the value computed in accordance with these laws.

PCS. 5. Real Estate included in the per. 1 October of the income year fixed property value net of charges which are not taken into account when assessing, or in cases where there is employed a property value, the market value per. 1 October of the income year, cf.. However, the second section. Properties which covers at least 25 hectares of forest, may be included in the first section. Accordingly the value or the market value minus a discount of 40 per cent. the portion of the property value or the market value attributable to the forest.

PCS. 6. Operating and ships subject to depreciation under Chapter 2 included in the statement of assets to the depreciable balance value by income end of the year, see. Depreciation Act § 5, paragraph. 2, net of depreciation for the year. Negative balance can not be deducted in the calculation of assets.

PCS. 7. Shares are not freely transferable, and shares in companies in which at least 2/3 of all shares owned by a single union, included in the calculation of the assets with at least 80 per cent. of the fair.


PCS. 8. In cases where an income period is shorter or longer than 12 months, a corresponding reduction or increase of the in § 15 paragraph. 2 and § 16 paragraph. 2, fixed percentages.

§ 15. Cooperatives operating as purchasing groups, so that the association aims to buy, procure or produce goods or provide services to members consumption must calculate the income in accordance with paragraph. 2-4.

PCS. 2. The income is calculated as 4 per cent. of such a large portion of the assets corresponding to the ratio of the cooperative 'turnover with members and total revenue, and 6 per cent. of the remainder of the assets.

PCS. 3. Turnover by members form part of the cooperative sales to members for use in the exercise of the member's business or in the performance of member associations' members holding. Revenue with members also represent sales to members of finished goods and additives for use in production.

PCS. 4. Turnover with cooperatives that operate exclusively as purchasing groups, or purchasing function in cooperatives as mentioned in § 16a paragraph. 1, and which are not members, not included in the calculation of the cooperative 'reaction with members and non-members or in the calculation of total revenue.

§ 16. Cooperatives operating as a production and sales associations, so that the association aims to process, refine or sell members' products or services, must calculate the income in accordance with paragraph. 2-4.

PCS. 2. The income is calculated as 4 per cent. of such a large portion of the assets corresponding to the ratio of the cooperative 'turnover with members and total revenue, and 6 per cent. of the remainder of the assets. Exceeds revenue by not members not 3 per cent. of total revenue, employed income, however, to 4 per cent. of assets.

PCS. 3. Turnover by members form part of the cooperative purchase of raw materials or products of members, which are produced by members or member associations' members, as well as purchases of finished goods and auxiliary with non members for use in production.

PCS. 4. Turnover with cooperatives that operate exclusively as a production and marketing groups, or with the production and sales association function in cooperatives as mentioned in § 16a paragraph. 1, and which are not members, not included in the calculation of the cooperative 'reaction with members and non-members or in the calculation of total revenue.

§ 16 A. In the case of a cooperative association, which both operate as purchasing, see. § 15, and the production and sales association, see. § 16, the association must provide a breakdown of the enterprise for a purchasing function and a production and sales association function. The distribution of revenue to be made separately for the two functions under the provisions of § 15 paragraph. 3 and § 16 paragraph. 3. The decision of the turnover with non members exceeds 25 per cent., See. § 1. 1, no. 3, is made on the basis of a weighted average of the two estimates. Revenue with non members of the features that have the highest turnover may not be significant or prolonged exceed 25 per cent.

PCS. 2. Indkøbsforeningsfunktionens turnover of cooperatives that operate exclusively as purchasing or purchasing function in cooperatives referred to in paragraph. 1, non-members should not be included when calculating indkøbsforeningsfunktionens reaction with members and non-members or in the calculation of total revenue. Production and salgsforeningsfunktionens turnover of cooperatives that operate exclusively as a production and sales association, or with the production and sales association function in cooperatives referred to in paragraph. 1, non-members must be excluded in the calculation of production and salgsforeningsfunktionens reaction with members and non-members or in the calculation of total revenue.

PCS. 3. If the share Fund's assets can be determined as belonging to the respective purchasing function and the production and sales association function, income made separately on the basis of the two capital statements in accordance with § 15 paragraph. 2 and § 16 paragraph. 2. Income statement can always be made on the basis of the total assets and the weighted average of the two statements by paragraph. 1, 1st and 2nd clauses.

Section IV

Calculation of income tax


§ 17. Income tax for the in § 1. 1, no. 1-2 b, 2 d-2 j and 3a-6 and § 3, paragraph. 7-mentioned companies and associations etc. (corporate income tax) is calculated on the taxable income and amounts to 24.5 per cent. for the tax year 2014, 23.5 per cent. for tax year 2015 and 22 per cent. for tax year 2016 and subsequent years. Income subject to the Hydrocarbon § 4, paragraph. 1 and 2, are taxed at the corporate tax rate by 1 point. plus 0.5 percentage points for the income year 2014, 1.5 percentage points for tax year 2015 and 3 percentage points for tax year 2016 and subsequent years (subject to corporation tax).

PCS. 2. Where the taxable income of one of the in § 1. 1, no. 1-2 b, 2 d-2 j and 3a-5 b, said companies and associations etc. includes dividends from companies that are or have been resident abroad and dividends are not covered by the tax exemption in § 13 , PCS. 1 pt. 2 be receiving company, the parent company, tax the portion corresponding to the ratio between the dividends received and taxable income. However, there may be no reduction for an amount greater than that which the dividend-paying company, subsidiary and any lower-tier subsidiary provided the tax on the portion of income that is the basis for the dividend to the parent company. It is a condition that the company receiving it, the parent company, at any level holds 10 per cent. of the share capital of the dividend-paying company, subsidiary of dividend distribution date. 1st-3rd section. shall apply mutatis mutandis, if the dividend recipient is a similar company, association, etc. as mentioned in § 2. 1, point a, and the company or organization etc. resident in the Faroe Islands or Greenland, a state that is a member of the EU / EEA or a state that has a tax treaty with Denmark. In assessing whether a company or an association etc. as mentioned in § 2. 1, point a, satisfies the condition in the third section. Included all shareholdings, the company or organization etc. have in the dividend-paying company.

PCS. 3. If taxable income includes dividends from companies whose shares are subject to Capital Gains Tax Act § 19 and who are or have been resident abroad and dividends are not covered by the tax exemption in § 13 paragraph. 1 pt. 2, or the present paragrafs paragraph. 2, the customs and tax authorities upon application canceling the company receiving part of the tax. There can not be remitted an amount greater than that by which the sum of the amount by which the dividend-paying company provided the tax on the portion of income that is the basis for dividends and the amount which the company receiving it has provided tax of the dividend corresponding portion of the income exceeds the sum of the amounts that should have been provided, in tax, respectively, the profit and the company receiving the dividends if the dividend-paying company should have been taxed in the country of the basis for dividends lying income .

PCS. 4. In the case of the foreign state, the Greenland or the Faroe Islands have signed an agreement for the avoidance of double taxation must, however, not in the calculation of the amount to be remitted see. Paragraph. 3, be recognized higher amount of tax than those that state, Greenland or the Faroe Islands after the agreement has an unconditional right to receive.

PCS. 5. For the in § 1. 1, no. 5, said mutual insurance associations included income from business activities, see. § 1. 4 and 5, in its entirety in the calculation of taxable income. The rest of the total income tax was intended only to the extent that it exceeds 1 million. kr.

§ 17 A. (Repealed)

§ 17 B. (Repealed)

§ 18 (Repealed)

§ 19. Income tax for the in § 1. 1, no. 3, said cooperatives (kooperationsskatten) was 14.3 per cent. of taxable income. For income referred to in § 32 that tax in § 17 paragraph. 1, fixed rate. When calculating the taxable income, which is taxed under the 1st clause. Excluded that part of the cooperative association's assets, which consists of shares of companies covered by § 32.

PCS. 2. Taxable amount under § 5 B, paragraph. 4, taxed at 50 per cent.

§ 20. (Repealed)


§ 21. The income tax for those in § 2. 1, point a), b) and f), foreign companies and associations make up the in § 17 paragraph. 1, these percentage of taxable income. § 17 paragraph. 2 and 3 shall apply accordingly if the dividend recipient is a similar company, association, etc. as mentioned in § 2. 1, point a, and the company or organization etc. resident of a foreign state that is a member of the EU or EEA, the Faroe Islands or Greenland or a state that has a tax treaty with Denmark. § 13 paragraph. 1 pt. 2, 7th paragraph. Shall apply mutatis mutandis.

§ 22. Before the tax is calculated according to the above rules, rounded the taxable amount downwards to the nearest 100 kroner divisible.

§ 23. Of the following provisions of this Act udredede income accruing to 15.24 per cent. the person or municipalities in which the company or organization etc. has operated, see. the provisions of the law on municipal income tax. For tax year 2014, the rate of 13.68 per cent. For tax year 2015 the rates are 14.27 per cent.

PCS. 2. Paragraph. 1, does not apply to DSB, Energinet.dk, Naviair and Danpilot and their possible taxed subsidiaries.

Section V

Provisions on the assessment or collection

§ 24. Taxes under this Act levied by general tax rules, insofar as their content is applicable to the companies and associations etc. mentioned in this law. Tax Collection Act, except Chapter 3, shall apply to the collection of income tax on companies and associations etc. Collection Act Chapter 2 shall apply to the extent that it follows the rules of Act Chapter 5.

§ 25. The Minister for Taxation lays down rules on the provision of census lists of taxable companies and associations etc.

§ 26. Companies and associations, etc. which are tax resident in a country that is a member of the EU / EEA, including after any DTC may choose to defer payment of the tax, which is calculated by the transfer of assets and liabilities, see. § 5 pieces. 7 and 8, and § 8 paragraph. 4, 3rd clause. When calculating tax due to the assets and liabilities transferred to the head office or any of the company etc. permanent establishments located in a country that is a member of the EU / EEA.

PCS. 2. deferred under paragraph. 1 is subject to the company or organization etc. timely submit a tax return to the customs and tax administration for the income year in which the transfer occurred. Selection of grace should be reported together with the tax return. When an exposure time of submission of the tax return for Tax Control Act § 4, paragraph. 4, the tax return and notice of the election of grace be filed within that period

PCS. 3. Tax and Customs Administration can disregard the deadline for submission of tax return message referred to. Paragraphs. 2

§ 27. After standing in § 26 establishes a standing balance. Deferral amount consists of the tax calculated for the assets and liabilities transferred in the income year.

PCS. 2. Deferral amount repayable, as to which are the assets that grace the balance relates derived income, including realized gains on a disposal, etc., which should have been included in the calculation of taxable income if the asset remains had been subject to Danish taxation. Transfers that would be covered by § 26 paragraph. 1, if there was a transfer from Denmark, does not mean that the assets are deemed waived. Repayments under the 1st clause. calculated as the tax value of the assessed income calculated by the percentage listed in § 17 paragraph. 1. There must be per. taxation least pay an installment calculated as 1/7 of the deferred amount represented the balance of henstandssaldoens establishment. Deferral balance written down by the repayment amount when it is paid as balance, however, can not be repaid at a lower figure than 0 kr.

PCS. 3. If an asset or liability, subject to a grace according to § 26, again subject to Danish taxation, and there is at this time still standing balance, or all the assets and liabilities as a deferred balance relates, refrained, and left there then remains a balance, the remaining deferred amounts repaid in accordance with paragraph. 2, paragraph. 4-7 shall apply mutatis mutandis.


PCS. 4. Being a company, etc. that have been deferred in accordance with § 26 tax resident in a country that is not a member of the EU / EEA, including after any DTC equated this with a transfer to the commercial value of the assets and liabilities subject to deferral in accordance with § 26, provided that the assets and liabilities have not been and will be assigned a permanent establishment in a country that is a member of the EU / EEA. Being assets and liabilities that are subject to deferral in accordance with § 26, internally transferred to a permanent establishment situated outside the EU / EEA, equated this with an abandonment to the market value at the time of transfer.

PCS. 5. The company or organization etc. must submit a tax return for each tax year, which is positive standing balance. Simultaneously with the submission of the tax return must be given of the country in which the assets are subject to a grace according to § 26, is located at the end of the tax year. Tax return deadline is the Tax Act § 4, paragraph. 2, see. Paragraph. 4, time limit, as Tax Act § 4, paragraph. 3 shall apply mutatis mutandis. Submitted tax return in due time lapse deferral, and the amount stated on the standing balance due for payment. Customs and tax authorities may disregard the deadline for submission of tax returns.

PCS. 6. The deadline for payment of the amount covered by paragraph. 2 and 5 is 1 November in the calendar year following the tax year or staggered fiscal year on November 1 in the calendar year following the calendar year in which the staggered taxation replaces. The payment by the 20th of the month in which the amount for the first section. due, be admissible. If payment is not made, interest amount due with interest after Collection Act § 7, paragraph. 2, plus 0.4 percentage points per year. commenced month from the due date.

PCS. 7. Grace shall pay interest at the rate of 1 percentage point above the National Bank's discount rate, but at least by 3 per cent. pa The deadline for payment of the interest rate is 1 November in the calendar year following the tax year or staggered fiscal year on November 1 in the calendar year following the calendar year in which the staggered taxation replaces. The payment by the 20th of the month in which the amount for the first section. due, shall be deemed timely. If payment is not made, interest amount due with interest after Collection Act § 7, paragraph. 2, plus 0.4 percentage points per year. commenced month from the due date.

§ 28 (Repealed)

§ 29 (Repealed)

§ 29 A. Companies and associations etc. have to pay income year expected income during the tax year, see. However, § 30 A. Amounts paid during the tax year, called the tax. Where the company or organization etc. uses a different fiscal year than the calendar year (deferred taxation), the advance payment tax for a given tax year in the calendar year in which the income year replaces.

PCS. 2. Companies and associations, etc. must tax on account to pay 50 per cent. of the average of the past three indkomstårs income tax. This tax on account called ordinary tax. Annual tax installments paid in two equal installments during the income year and collected by customs and tax administration. By collecting ordinary account tax levied only amount divisible by 1,000 kr. Does the annual tax on account of less than 2,000 kr., Charged the exception.

PCS. 3. There is not calculated annual tax on account of a company, etc., at the latest available tax assessment is part of a joint taxation according to § 31 or § 31 A, unless the company etc.'s management company, see. § 31 paragraph. 6, or § 31 A, paragraph. 4. For such a company etc. paragraph. 4 on account tax associated with the onset of tax correspondingly to the termination of the joint taxation.

PCS. 4. Companies and associations etc. that have been taxable for two income years or less, for the fiscal year advance tax payments by 20 March and 20 November in the income year. For the subsequent years, the company or organization etc. pay tax on account under subsection. 2. Pending tax assessments for the past three fiscal year, calculated the annual tax on account as 50 per cent. of the average of the available indkomstårs income taxes.

PCS. 5. Annual account tax due in two installments on 1 March and 1 November of the tax year. Final date for payment is the 20th of the month. If payment is not made, the interest under § 7 paragraph. 1, see. Paragraph. 2 of the Collection Act. The return accrue to the Treasury.


PCS. 6. Companies and associations, etc. can voluntarily pay additional tax. Payment of voluntary advance payments must be made no later than 20 March and 20 November in the income year.

§ 29 B. Calculation of the company or society, etc. income tax underpaid or overpaid tax for the tax year shall be made in accordance with paragraph. 2-10.

PCS. 2. taxed companies, etc., the total income tax underpaid or overpaid tax for the tax year at the management company in accordance. § 31 paragraph. 6, or § 31 A, paragraph. 4. Advance Tax for companies in the income year is part of a joint assessment is fully included in the tax calculation. When a company not included in a joint taxation, or all companies in a joint taxation during an income year establishes new corporate connection, see. § 31 C, and the income of the company or companies within the establishment of the group connection is not included in the joint taxation of the income year, can any tax already paid by the company or companies have paid before the establishment of the group connection, instead attributable to this income period. It is a condition that the application is made by the companies concerned within 3 months of the establishment of group connection. Not calculated allowance following paragraph. 6 of account tax as mentioned in the 3rd clause.

PCS. 3. The company or association, etc. income tax for the tax year they in § 17 paragraph. 1, §§ 19-21 and the percentages of taxable income.

PCS. 4. The amount by which income may exceed the sum of annual taxes on account plus any withholding tax, see. Withholding Tax Act § 67 paragraph. 2, adjusted for allowance following paragraph. 6, and any voluntary payments on account, also adjusted for allowance following paragraph. 6, referred to as the residue. When calculating the residual tax incorporated the annual payments on taxes, regardless of whether payment has been made. Upon payment of outstanding tax must be paid Treasury tilfaldende supplement of the following paragraph. 7 fixed residual tax rate on the outstanding tax.

PCS. 5. The amount by which income may be less than the sum of annual taxes on account plus any withholding tax, see. Withholding Tax Act § 67 paragraph. 2, adjusted for allowance following paragraph. 6 and any voluntary advance payments also adjusted for allowance following paragraph. 6, referred to as overpaid tax. For the calculation of excess tax included regular payments on taxes, regardless of whether payment has been made. By repayment of overpaid tax provided that the company or organization etc. compensation of the following paragraph. 7 allowance fixed percentage of the excess tax. There can only be a refund of amounts actually paid. Customs and Tax Administration transfers the excess tax including allowance for tax account within 2 business days after November 20 of the calendar year following the tax year or by a staggered tax year later than 2 business days after November 20 in the calendar year following the calendar year in which the staggered taxation supersede . Is Nov. 20 on a Saturday or Sunday, transferred payment no later than 3 business days after November 20. By resolution after § 5, paragraph. 1, point 1. Or § 7, the refund of overpaid tax, however, happen before. Is granted in such cases compensation for the third section.

PCS. 6. Are there voluntary payments on account, see. § 29a paragraph. 6, calculated supplements. For voluntary advance payments has happened by 20 March, provided that the company or organization etc. a supplement provided for paragraph. 8. For voluntary advance payments has happened after 20 March, but by 20 November and the dividend tax, the company or organization etc. pay a Treasury tilfaldende allowance provided for paragraph. 8. The same applies to payments as stated in § 29a paragraph. 4 and § 30 A, paragraph. 8.

PCS. 7. Reimbursement rate is determined annually and is calculated as the reduced market interest rate after tax multiplied by 480/360, and rounded to one decimal place. The reduced market interest rate after tax is calculated as 25 per cent. the interest rate in § 7, paragraph. 2, 3rd clause., In the Collection of Taxes Act, minus a proportion similar to that in § 17 paragraph. 1, the said percentages. Rest The tax is assessed annually and calculated as income year repayment rate plus 3.5 percentage points.

PCS. 8. The allowances under paragraph. 6 calculated as a percentage of the voluntary advance payment. The percentage is assessed annually and is calculated as the reduced market interest rate after tax calculated in accordance with paragraph. 7, multiplied by 120/360, and rounded to one decimal place.


PCS. 9. Tax and Customs Administration publishes the income year allowance percentage residual tax rate and percent surcharge under subsection. 6 by 15 January. Where the company or organization etc. uses a different fiscal year than the calendar year (deferred taxation), used reimbursement rate, the residual tax rate and percentage surcharges following paragraph. 6, which is calculated based on the market rate, which is calculated based on interest rates at the end of the calendar year preceding the calendar year in which the income year replaces.

PCS. 10. Supplement, interest and reimbursement under paragraph. 4-6 is not included in the taxable income.

§ 29 C. Assuming the company or organization etc., to the income in the income year to differ materially from what is taken into account in determining the taxes paid on account according to § 29 A, paragraph. 2 or 4, the company or organization etc. request the customs and tax administration reduces the annual tax on account, taking into account the company or society, etc. information on projected income. Tax and Customs Administration must put this information into account, unless there is reason to fault the company or society, etc. information. The Minister can lay down rules on the requisition form and set a deadline for its submission.

§ 29 D. If the company or organization etc. can make it probable that the amount paid plus dividends tax and adjusted for allowances according to § 29 B, paragraph. 6, will exceed the income year income tax, the excess amount under specific circumstances repaid before the tax assessment for the tax year is made. By repayment paid only voluntary payments has happened after 20 March, but by 20 November. Then pay dividend tax and then voluntary payments that are made by 20 March. Income The Annual account tax reduced by the amount paid to the extent that the amount exceeds the sum of the dividend tax and voluntary payments. For amounts paid under this provision shall not qualify for reimbursement, etc.

PCS. 2. Application for refund must be made to the customs and tax administration before the deadline for submission of tax returns. Where conditions are particularly warrant, the customs and tax administration, however, accede to a request that is generated before 1 October of the year in which the tax assessment takes place.

§ 29 E. Companies and associations, etc. can for the income year in which the company or organization etc. dissolved etc. as mentioned in § 5, paragraph. 1, point 1. Or § 7 without also being covered by § 5, paragraph. 2, pay income tax for the closing fiscal year within the same period as specified in § 5, paragraph. 3, for submission review. Paid annual account taxes and voluntary advance payments according to § 29 A, paragraph. 4 and 6, plus any tax for this fiscal year is considered voluntary payments under the 1st clause. Not calculated supplement under § 29 B, paragraph. 6

PCS. 2. If the company or the union can make plausible that paid tax amount will exceed the income tax, the excess amount under specific circumstances repaid before the tax assessment has been made. Requests must be made to the customs and tax administration before the deadline for submitting a tax return. No remuneration etc. for payments.

§ 30. Outstanding tax and allowances according to § 29 B for companies and associations etc. falls due on 1 November of the calendar year following the tax year or by a staggered fiscal year from 1 November in the calendar year following the calendar year in which the staggered taxation supersede .

PCS. 2. Where an increased tax assessment, the company or organization etc. to pay outstanding tax or additional tax owing, due amount and the supplement under § 29 B, paragraph. 4, due on the first of the month following the notice of the increase, but not earlier in paragraph. 1 that date. Carries an increased tax assessment of a company or association, etc. that excess tax reduced or removed, due amount and reimbursement according to § 29 B, paragraph. 5, due on the first of the month following the notice of the increase, but not earlier in paragraph. 1 that date. Amounts mentioned in the 1st and 2nd clauses. remunerated according to § 7 paragraph. 1, see. Paragraph. 2 of the Collection Act per. month started from 1 November in the calendar year or staggered fiscal year from 1 November in the calendar year following the calendar year in which the staggered taxation replaces, and up to and including the month in which the collection is printed. Interest rates can not be deducted in computing the taxable income.


PCS. 3. Outstanding tax so charged companies and associations etc. on the basis of an appointment for the income year in which the company or organization etc. dissolved etc. as mentioned in § 5, paragraph. 1, point 1. Or § 7, is due on the first of the month following the announcement of the company or organization etc. on recruitment. If the outstanding tax for the nearest preceding fiscal year are not due after paragraph. 1, due this while. No fees outstanding tax allowances according to § 29 B, paragraph. 4, 3rd clause. To the extent that the outstanding tax for the closing fiscal year is paid within the § 5, paragraph. 3 specified deadline for review. Have a company overpaid tax for the closing fiscal year, receives no compensation according to § 29 B, paragraph. 5.

PCS. 4. Payment by the 20th of the month in which the amount in accordance with paragraph. 1-3 due, shall be deemed timely. If payment is not made, the interest under § 7 paragraph. 1, see. Paragraph. 2 of the Collection Act. Amount and ordinary tax on account referred to in § 29a paragraph. 2, which is not paid in time, recovered well as charges under the Act on the procedure for the recovery of taxes, etc.

PCS. 5. Where a reduced tax assessment of a company or association, etc. that previously calculated residual tax reduced or canceled, refunded amount and allowances according to § 29 B, paragraph. 4, by the 20th of the month following the reduction. Where a reduced tax assessment of a company or association, etc. that obtained tax refunds or additional excess tax refunded the amount of compensation according to § 29 B, paragraph. 5, by the 20th of the month following the reduction. Of the 1st and 2nd clauses. that amount is payable to the company or organization etc. an interest according to § 7 paragraph. 1, see. Paragraph. 2 of the Collection Act per. month started from 1 November in the calendar year following the tax year or staggered fiscal year from 1 November in the calendar year following the calendar year in which the staggered taxation replaces. Interest rates are not included in the taxable income.

PCS. 6. If a company or association, etc. are significantly past due to outstanding tax referred to in paragraph. 1 or 2 or income referred to in § 30 A, paragraph. 1, the customs and tax authorities determine that these taxes fall due while the deadline for submission of tax return, see. Tax Act § 4, paragraph. 2 and 4. If a company or association, etc. are substantial arrears with tax payments on account referred to in § 29 A, the customs and tax administration determine that these taxes fall due for payment before the provision stated times. Customs and Tax Administration may also specify the number of installments. Payment of outstanding tax, income tax or any tax already paid by the 20th of the month is considered timely. PCS. 4, 2nd sentence. Shall apply mutatis mutandis. Customs and Tax Administration may finally decide that a company or association, etc. which are covered by § 30 A, paragraph. 1, regardless of measures pursuant to the first sentence. remains a significant arrears for income tax to be transferred to pay income tax during the tax year in accordance with § 29 A.

PCS. 7. The Minister for Taxation lays down rules concerning administration of prepaid taxes, the taxing, etc. and the settlement of the amounts according to § 23 shall accrue to the municipalities.


§ 30 A. For companies and associations etc., whose first fiscal year began before January 29, 1992 and which are not covered by the 5th-8th section. matures income tax due on 1 November of the calendar year following the tax year or in a staggered fiscal year on November 1 in the calendar year following the calendar year in which the staggered taxation replaces. In those cases § 29 B correspondingly to the calculation of tax underpaid and overpaid tax. § 30 shall apply correspondingly to the payment of income tax and surcharges. § 29 D and E § 29 paragraph. 2, apply correspondingly to the refund of withholding tax. Liability companies whose paid-up share capital on 1 January 1997 or later does not represent at least 200,000 kr., Must pay income year expected income during the tax year in accordance with § 29 A, see. §§ 29 B-30. Companies and associations, etc. with a taxable income of 10 million. kr. or more for the tax year two years prior to the tax year must pay income tax during the tax year in accordance with § 29 A, see. §§ 29 B-30. For taxed companies, etc. according to §§ 31 and 31 A constitute taxable income the total taxable income (consolidated taxable income) for the tax year two years prior to the tax year, and for the parent companies, etc. subject to compulsory joint taxation according to § 32 constitute taxable income the parent company etc. taxable income for the year two years prior to the income year. Have a company, etc. paid income tax for 5th-7th section. must also in subsequent years paid tax.

PCS. 2. Companies and associations whose first fiscal year began before January 29, 1992 and which are not covered by paragraph. 1, 5th-8th section. You can choose to pay income tax during the tax year. If a company or association, etc. register for the service during the tax year in which the scheme for the first time must apply not calculated annual installments according to § 29 A, paragraph. 2, for this fiscal year. The company or association's payments in that year is considered voluntary advance payments according to § 29 A, paragraph. 6. Selects company or organization etc. for a given fiscal year to pay income tax during the tax year, must also for subsequent income paid income tax during the tax year.

PCS. 3. Companies and associations, etc. can for the income year in which the company or organization etc. dissolved, etc., see. § 5, paragraph. 1, point 1. Or § 7, pay income tax for the closing fiscal year within the same period as specified in § 5, paragraph. 3, for submission review. Have a company or association, etc. made a voluntary payment of income tax by 1 point., Must pay outstanding tax allowances according to § 29 B, paragraph. 4, 3rd paragraph., For a remaining outstanding tax amount. Have a company or association, etc. overpaid tax for the closing fiscal year, receives no compensation.

PCS. 4. When existing companies or associations etc. that have not hitherto been taxpayers transferred to taxable activities, see. § 4, the company or organization etc. pay income tax during the tax year.

PCS. 5. If there is any such change for a company or association, etc. which are taxable under this Act, that future must be taxed under other provisions of the law, the company or organization etc. pay income tax during the tax year.

PCS. 6. If one or more of the of a merger, division or transfer of assets involving companies, etc. must pay income tax during the tax year, the recipient companies, etc. pay income tax during the tax year.

PCS. 7. If two or more companies, etc. assessed jointly referred. §§ 31 and 31 A, and one or more of the companies etc. must pay income tax during the tax year, all the joint taxation included companies etc. pay income tax during the tax year.

PCS. 8. Companies and associations etc. that are covered by paragraph. 4-6, can for the first two taxation in which § 29 A applies, advance tax payments by 20 March and 20 November in the income year. For the subsequent years will § 29a paragraph. 4, 2nd and 3rd clauses., Mutatis mutandis.


§ 30 B. The rules of this law on the calculation of interest on a tax reduction does not apply in cases where a company or association, etc. will have reduced its tax assessment as a result of the company or organization etc. has paid compensation in connection with the government's losses on taxes levied another tax. The tax amount after the amended assessment refunded company or organization etc., remunerated at the same rate and for the same period, the amount of compensation is interest. If the amount of compensation includes interest, calculated interest on the refunded amount of tax at the same rate and for the same period used in the calculation of the amount of compensation. After expiry of the 2nd and 3rd clauses. that period, interest accrues on the refunded tax amount with the interest rate according to the Interest Act until payment is done.

§ 30 C. To the extent that the tax assessment for the company or organization etc. increased as a result of the compensation referred to in § 30 B covered by recourse or otherwise reduced, the company or organization etc. repay the interest previously received in connection that the tax assessment is reduced due compensation payment.

PCS. 2. Amounts repaid interest received under § 30 B, can be deducted from taxable income.

PCS. 3. In accordance with paragraph. 1 case referred to the rules on the calculation of interest rates in § 30 paragraph. 2, do not apply.

Section VI

Other provisions

§ 31. Affiliated companies and associations etc. covered by § 1. 1, no. 1-2 b, 2 d-2 j, 3a-5 and 5 b, § 2. 1, points a and b, or Hydrocarbon § 21 paragraph. 4, should be assessed jointly (national joint taxation). At affiliated companies and associations etc. means companies and associations, etc., at any time during the year of the same group, see. § 31 C. Companies and associations etc. that can not be covered by § 12 paragraph. 2 and 3 shall not be deemed affiliated with companies and associations etc. that may be subject to § 12 paragraph. 2 and 3. Paragraph. 2-9 comparable properties and associated activities by the Hydrocarbon with permanent establishments. In the ultimate parent company means the company which is the parent company without being subsidiary, as defined. § 31 C.

PCS. 2. taxed companies to compile a joint taxation income, consisting of the sum of the taxable income of each company included in the joint taxation calculated in accordance with the general tax rules with the exceptions that apply under the scheme. Deficits of a permanent establishment can only be offset against other companies' income, if the rules of the foreign state, the Faroe Islands or Greenland, where the company is domiciled, means that the deficit can not be excluded in calculating the company's income statement in the foreign state, the Faroe Islands or in Greenland, where the company is resident, or if the chosen international joint taxation according to § 31 A. before the joint taxable income is calculated, offsetting each profitable company first part of treasury deficit from income periods within the joint taxation that can be recorded in the income year positive income. A company's losses from income periods within the joint taxation can only be offset against its own profits. After offsetting each profitable company that part of its own losses from previous periods income under the joint taxation that can be recorded in the income year remaining positive income. If then both companies with positive income and companies with negative income in the joint taxation is distributed on part of the income loss for the year that can be accommodated in other companies' positive income, proportionately among the companies that have positive income. If then still companies with positive income, offset proportionately the part of other companies' remaining losses from prior periods income under the joint taxation that can be recorded in the income year positive income. Is there still companies with remaining deficit in the income year or remaining deficit from previous earnings periods, conveyed these to be offset against subsequent years according to the rules. A company shall offset losses from prior periods income should offset the oldest losses first. A company's losses from previous tax year can only be offset against profits in another company if the losses were incurred in a tax year in which the loss-making company has been taxed jointly with the other company and joint taxation has not subsequently been interrupted.


PCS. 3. § 12 paragraph. 2, the total for the jointly taxed companies. § 12 paragraph. 2, only if the sum of the jointly taxed companies' income in the income year is positive. The total limit according to § 12 paragraph. 2, divided proportionally between the jointly taxed companies' loss carryforwards, see. Paragraph. 2, 3rd, 5th and 7th section. So that the offset of each of the deficit can only be made with the proportion of the deficit, corresponding to the ratio between the portion of the total deficit, which according to § 12 paragraph. 2, can be deducted in the income year, and the total losses which would be deductible in the tax year if § 12 paragraph. 2, did not apply.

PCS. 4. The receiving company in a tax-free reorganization under the Merger Tax Act can not set off other jointly taxed companies and permanent establishments deficit from the fiscal year prior to the restructuring. 1st clause. does not apply if the transferring company in the restructuring were included in the joint taxation with the receiving company in the location or income year in which the deficit occurred, and the transferring company does not directly or indirectly participated in a tax-free reorganization with a ikkesambeskattet company or by deficit year.

PCS. 5. If there has been a group affiliated with a company all year included income in that part of the income year, which has seen the group connection, see. § 31C, the calculation of taxable income. Tax depreciation, including an immediate deduction for depreciation Act § 18, the maximum is made in relation to how much income the period amounted to a calendar year. At that time the group connection is established or terminated, in accordance. § 31C, made an income statement under the general tax rules for the period of the company's fiscal year elapsed as if the period represents an entire fiscal year. The tax values ​​and choice of accrual, etc., are taken into account in the income statement at the time, used in the income statement for the remainder of the tax year. 1st-4th section. applies whether the company in question in connection with or after the group connection terminated or establishment engaged in a restructuring, the operational tax effects back to a time before corporate connection cessation of establishment. Established group affiliated to the acquisition of a company which has operated commercial activity prior to the establishment of corporate connection, and the company's equity from the foundation allowed to stand as an unencumbered cash deposits in a bank deemed group connection for established by the income year beginning, and the entire company's income for the the income year included in the calculation of taxable income. 6. section. apply correspondingly to the formation of a new company, to the extent that the company is not in connection with the formation fed assets or liabilities of companies that are not part of the group. If a company foundation is the ultimate parent company, the 6th and 7th section. only by divisions as mentioned in the ninth section. and by share exchanges where there is no established or ceases group relationship between other companies. 1st-4th section. does not apply by cleavage of an ultimate parent company, which has one direct subsidiary, which in the fiscal year have not had any other gainful activity other than owning shares in the subsidiary if the recipient companies are created by splitting or companies mentioned in the sixth section. and not by division established or ceases group relationship between other companies.


PCS. 6. At the national joint taxation appointed the ultimate parent company participating in joint taxation, as a management company in the joint taxation. Is there not a Danish taxable ultimate parent company, but several coordinated Danish taxpayers affiliates, appointed one of its sister companies participating in joint taxation, as the management company. If the management company no longer part of the group, or if another company being top Danish parent company must appoint a new management company. Management Company's rights and obligations are transferred to the new management company. The former management company must commit to payment of an amount equal to the liabilities transferred to the new management company. Payment as specified in the fifth section. has no tax consequences for the payer or receiver. The Management Company is responsible for payment of the total income tax. This also applies to outstanding taxes, surcharges and interest. Customs and Tax Administration can legally releasing pay tax refunds and compensation to the management company. The management company and taxed companies where everyone shares in the income year is owned directly or indirectly by the ultimate parent, see. § 31C, jointly and severally liable with the company for the portion of income taxes, prepaid taxes and residual taxes and surcharges and interest, relating to the part of the income allocated to the company. Companies in which all shares in the income year is owned directly or indirectly by the company or companies jointly and severally liable for 10 points., Jointly and also in solidarity with the company. Stakes held by the Capital Gains Act § 4, paragraph. 2, the said shareholders, included in the statement of investments by 10 and 11 points. Is there tried in vain outlay for tax payments from the companies jointly and severally liable for 10 and 11 points., Claim can be made against other companies in the joint taxation, not exceeding the portion of the claim that corresponds to the proportion of capital in the liable company owned directly or indirectly by the ultimate parent company. Enter a company out of joint taxation, booklets the resigning company from the time of his resignation only for the portion of income taxes, prepaid taxes and residual taxes and surcharges and interest, relating to the portion of the income allocated to the Company unless the same shareholder referred. Capital Gains Act § 4 pcs. 2 still directly or indirectly holds more than half the voting rights after its withdrawal.

PCS. 7. All companies in the joint taxation must calculate the taxable income for the same period as the management company regardless of the financial year by corporate law, see. § 10 paragraph. 5.

PCS. 8. Upon exercise of losses in Danish companies and permanent establishments in Denmark the management company must commit to paying for losses the company of an amount equal to the in § 17 paragraph. 1, these percentage (tax base) of the unused losses later in the day for timely tax payments in accordance with § 30 Danish companies and permanent establishments in Denmark, which utilizes deficit in Danish companies or permanent establishments in Denmark must undertake to pay to the management company of a amount equal to the tax value of the loss utilization. Payment appropriations for 1st and 2nd clauses. may be omitted if another group company, see. § 31C, pay losses the company for the loss utilization. It is a condition that this other group company without taxation, see. § 31 D, may contribute financially to the company that exploits the deficit. Danish companies and permanent establishments in Denmark, the income tax paid by the management company must commit to payment to the management company of an amount equal to the income tax paid. The payments referred to in this paragraph has no tax consequences for the payer or receiver.

PCS. 9. In the calculation of taxable income can be taxed a permanent establishment in Denmark or taxed subsidiary in Denmark choose to ignore the losses transferred to be offset against its income from other taxed companies or permanent establishments in accordance with paragraph. 2. It is a condition that the permanent establishment respectively subsidiary's income included in the income abroad, and that the State relief for the Danish taxation corresponds to the relaxation method Assessment Act § 33. The amount to be disregarded, divided proportionally between the individual loss-making sources and fed together with any remaining deficit for use in subsequent income in accordance with § 12


§ 31 A. The ultimate parent company may choose that joint taxation of the consolidated companies and associations etc. that are jointly taxed according to § 31, also will apply to all affiliated foreign companies and associations, etc., in which none of the participants are personally liable for the company debts and allocate surpluses in relation to the participants subscribed capital (international joint taxation). The option also applies to all permanent establishments and real property located abroad and belonging to the jointly taxed Danish and foreign companies and associations etc. The provisions of § 31 of the national joint taxation apply correspondingly to the international joint taxation with the additions and exceptions resulting from PCS. 2-14. 1st-3rd section. apply mutatis mutandis to a company etc. as mentioned in § 31 paragraph. 1, which is not affiliated with other Danish companies, etc., real property or permanent establishments situated in Denmark. In paragraph. 2-13 equated real property and related business by the Hydrocarbon with permanent establishments.

PCS. 2. Deficits in foreign companies and permanent establishments of income periods prior to sambeskatningens entry can not be deducted from future profits. Expenses in foreign companies held before joint taxation can only be deducted from taxable income if they are incurred the deduction of these expenses pursuant to § 2. The interruption of international joint taxation losses made by foreign companies and permanent establishments may not be carried forward to subsequent income . Deductions for group contributions by foreign rules make corresponding foreign companies jointly taxed by the Danish income, if that transfer also included in the Danish income of a company is taxed jointly with the former.

PCS. 3. Election of international joint taxation made recently in connection with the timely submission of tax return for the first tax year in which international joint taxation chosen. If the choice is not specified or the tax return is not filed in due time, considered international joint taxation for deselected. Selection of international joint taxation is binding on the parent company for a period of 10 years, subject. However 6th and 7th section. At the end of this period, international joint taxation equivalent elected for a new period of 10 years. Vest for the ultimate parent company remains the same, although the group of consolidated companies expanded or reduced. The ultimate parent company may choose to interrupt the binding period of full recapture upheld see. Paragraph. 11. The suspension shall be notified no later than in connection with the timely tax return for the income year in which the international joint taxation want to interrupt. If the ultimate parent company is a subsidiary of another ultimate parent company, considered the term of the former parent company (the acquired parent company) and its subsidiaries for interrupted with full recapture upheld see. Paragraph. 11, unless the acquired company and its subsidiaries occurs in any vesting period for the new ultimate parent company. If the same shareholder referred. Capital Gains Act § 4, paragraph. 2 still directly or indirectly holds more than half the voting rights in the acquired parent company, used the term of the parent company, which recently selected international joint taxation. Regardless 9. section. used the term of the acquired parent unchanged if the new ultimate parent company is newly established. Upon cleavage of the ultimate parent company is considered binding period of interrupted and triggered full recapture under subsection. 11. On a merger between companies which is the ultimate parent companies in each group regarded international joint taxation for selected if the group with the largest consolidated equity has chosen international joint taxation. In this case, the term of the ultimate parent company of this group used. Otherwise interrupted binding period and triggered full recapture, see. Paragraph. 11, unless the receiving company chooses international joint taxation.


PCS. 4. For international joint taxation is the ultimate parent company of the management company. If the ultimate parent company is exempt from tax under §§ 1 or 2 or not participating in the joint taxation must appoint a management company which is subject to § 31 paragraph. 1. The appointment follows the same criteria as in § 31 paragraph. 6. The ultimate parent company is jointly liable with companies covered by § 31 paragraph. 6, 10th-12th section., income tax, tax on account outstanding taxes and surcharges and interest on income year and the management company any retaxation. § 31 paragraph. 6, 13 and 14 points. Shall apply mutatis mutandis. The liability does not include income taxes, etc. of income that would be included in the consolidated taxable income in accordance with § 31, if there were not chosen international joint taxation. The deferred tax on utilization of losses incurred abroad should be separately recognized as a deferred tax liability of the management company's financial statements.

PCS. 5. If the management company ceases to be taxable to Denmark after §§ 1 or 2 or the management company no longer part of the group will release full recapture of the management company in accordance. Paragraphs. 11. 1st section. shall not apply when appointing a new management company, see. paragraph. 4.

PCS. 6. Upon exercise of losses in foreign companies and permanent establishments abroad, the company or the permanent establishment that exploits the deficit, commit to payment of an amount equivalent to the tax value of the loss to the management company. Foreign companies whose income tax paid by the management company can commit to payment of an amount equal to the income tax paid to the management company. The obligation for payment after the second section. the management company may also assumed by Danish companies or permanent establishments in Denmark, where the latter company and the foreign company is part of another branch of the group than the management company. The payments referred to in this paragraph has no tax consequences for the payer or receiver.

PCS. 7. When a foreign company, etc. or a permanent establishment involved in an election deemed assets and liabilities not previously covered by the Danish taxation of acquired at the actual time of acquisition to the fair value at the beginning of the first fiscal year under the joint taxation, see. However, PCS. 8. The purchase price of real estate reduced by any profit on real estate in Denmark, cf. § 8 paragraph. 2, and property gains tax Act §§ 6 A and 6 C. There shall be no acquisition cost of goodwill or other intangible assets as defined in depreciation Act § 40, to the extent they are earned by the company itself. Gains in relation to the acquisition costs for goodwill and other intangible assets may not constitute more than an amount equal to the difference between the sales price and the market value at the time of inclusion in joint taxation.


PCS. 8. Depreciable assets deemed acquired at the actual price, and they are considered acquired at the actual time of acquisition. Is depreciable assets acquired from a related company, see. Capital Gains Act § 4, paragraph. 2; assignment has led Danish or foreign taxing any recycled depreciation, gains or losses or foreign tax on the transfer has been postponed, will join the company or permanent establishment shall be included in the joint taxation, in the transferring company's acquisition costs and acquisition times. The depreciable assets are considered depreciated maximum under Danish law until the beginning of the first fiscal year under the joint taxation. By this calculation rules in the income year in which the joint taxation initiated. The assets must be considered acquired at market value at the beginning of the first fiscal year under the joint taxation, if this value is less than the value calculated by the first-fourth section. Is goodwill or other intangible assets as defined in depreciation Act § 40 acquired from a related company, see. Capital Gains Act § 4, paragraph. 2, and they are earned by the transferor company or other group companies are considered assets in the in the second section. conditions mentioned in the calculation of taxable income for earned by the company or permanent establishment which are involved in the joint taxation. 2nd and 6th section. shall apply, even though there has been Danish taxation if there has been full Danish tax as a result of profit maximum can be included in an amount equal to the difference between the selling price and the market value at the time of inclusion in Danish taxation. To the extent that has happened taxation as mentioned in the seventh paragraph., Raised the purchase price with the profit that the transferor included in taxable income.

PCS. 9. Recycled depreciation of assets that are considered written off prior to inclusion in an election may not exceed the amount by which the sum of depreciation of the onset of joint taxation exceeds the actual depreciation for inclusion in joint taxation. Gains in relation to the purchase price can not constitute more than an amount equal to the difference between the sales price and the market value at the time of inclusion in joint taxation. For assets that are depreciated on the declining balance method, employed sales price of the impaired value on the date of disposal plus recycled depreciation and profit for 1st and 2nd clauses.

PCS. 10. If the joint taxation with a foreign company, etc. or a permanent establishment of a Danish company, etc. terminated as a result of international joint taxation is not selected by the binding period, increased management company's income for the income year in which the joint taxation ends with an amount equal to the profits which the foreign company or the permanent establishment would have received upon termination of the company and sale to fair value of assets and liabilities that are intact in the company respectively the permanent establishment at the end (regular recapture), see. however paragraph. 12. Management company income maximum is increased by an amount equal to recapture divided by the in § 17 paragraph. 1, the said percentage of the income year for the annual recapture. Recapture accounts. country as an amount equivalent to the tax value of the losses which the foreign companies or permanent establishments in the country overall has had in sambeskatningsperioderne, which are deducted from income from other companies or permanent establishments, which are not matched by the tax value of recent years' profits less any credit relief and tax value of any recapture by 6 points. Recapture reduced not by the tax value of profits to the extent that the surplus is due to interest income on claims on companies in the joint taxation. The tax base in the third section. calculated in § 17 paragraph. 1, said percentages for the income year in which the losses are utilized, respectively, where the profits or genbeskatningsindkomsten is taxed. 1st-5th section. shall apply mutatis mutandis, if a foreign company, etc. or a Danish company, etc. with a permanent establishment abroad is no longer in the group. 6. section. shall not apply if the company ceases and the assets and liabilities by merger or demerger is invested in a company which is part of the joint taxation.


PCS. 11. If the international joint taxation is interrupted within the binding period, increased the income of the management company for the income year in which the joint taxation ends with an amount equal to all existing retaxable divided by the in § 17 paragraph. 1, these percentage plus retaxable after Assessment Act § 33 D (full recapture).

PCS. 12. Where a double taxation agreement, Denmark will ease the profits of a permanent establishment under eksemptionmetoden, the Assessment Act § 33 D apply to the profits and losses of such permanent establishments.

PCS. 13. Foreign subsidiaries have no deductions for interest and royalty payments if the payment corresponding income would lead to limited tax liability under this Act § 2. 1, point d, g or h if payment is derived from sources in this country. Foreign subsidiaries have not deduct expenses if the costs corresponding income of the recipient is considered to be an internal performance. The income is considered to be an internal performance, if the recipient of the income and the foreign subsidiary under the rules of a foreign state for tax purposes as transparent entities by the same legal person, whereby the income is considered to be an internal performance of the State and not included the statement of income. 3. section. shall apply only if the foreign state, the Faroe Islands or Greenland is a member of the EU or the EEA or have a tax treaty with Denmark. The provisions in the 2nd-4th section. shall not apply if the corresponding income is taxed in Denmark, the Faroe Islands or Greenland or in a foreign state which is a member of the EU or the EEA or have a tax treaty with Denmark.

PCS. 14. A company is considered to be foreign if it is resident in a foreign state, the Faroe Islands or Greenland, including the provisions of a tax treaty.

§ 31 B. Tax Board shall determine how to proceed when entering and leaving the joint taxation. Tax Board may establish specific rules for the conversion of net profit from foreign currencies into Danish kroner at the start of international joint taxation. Tax Board may allow conversion of taxation by establishing corporate connection is made otherwise than prescribed in § 10 paragraph. 5, if the administrative account of the companies so warrant is not obtained special tax benefits. Tax Board may decide that decisions on the restructuring of taxation after the 3rd clause. taken by the customs and tax administration. Tax Board shall determine the relevant information for the tax assessment or tax calculation tax return must contain, in addition to in paragraph. 2 above, and the information to be presented on request. Tax Board may establish rules for the management company's information and documentation requirement for Tax Control Act § 3 B regarding controlled transactions between jointly taxed companies.

PCS. 2. The management company shall, during the timely tax return information which allows verification of ownership of the ultimate parent company and the Group's other companies. The tax return on consolidated taxable income shall include the determination of retaxable, see. § 31A, paragraph. 10, 3rd clause. And paragraphs. 12. Even Stated balances form by dispatching a tax assessment part of this.

PCS. 3. If the proof is not sufficient information, international joint taxation interrupted by Tax Board on the recommendation of customs and tax administration. Interruption of international joint taxation triggers full recapture, see. § 31A, paragraph. 11, with effect from and including the income year in which there is provided sufficient information.

§ 31 C. A company, a foundation, a trust or an association etc. (parent company) together with one or more subsidiaries a group. A company can have only one direct parent company. If more companies satisfy one or more of the criteria in paragraph. 2-6, it is only the company which is effectively exercise their control over the company's financial and operating policies, which is considered to be the parent.

PCS. 2. Control is the power to govern the subsidiary's financial and operating policies.

PCS. 3. Controlling interest in relation to a subsidiary exists when the parent company directly or indirectly through a subsidiary owns more than half the voting rights of a company, except in special cases can be clearly demonstrated that such ownership does not constitute control.


PCS. 4. Do a parent not more than half the voting rights in a company, there is decisive influence where the parent company has

1) power over more than half the voting rights by virtue of an aft ale with other investors

2) power to govern the financial and operating policies of a company under a statute or agreement

3) the power to appoint or remove a majority of the members of the supreme governing body and that body holds the controlling interest of the company or

4) power over the actual majority of votes or similar body and thereby possess the actual control of the company.

PCS. 5. The existence and effect of potential voting rights, including warrants and call options on securities that are currently exercisable or convertible are taken into account when assessing whether a company has a controlling interest.

PCS. 6. The calculation of the voting rights in a subsidiary disregarded the voting rights attached to shares held by the subsidiary itself or its subsidiaries.

PCS. 7. Is obtained a controlling interest in one or more companies, etc. through group compound in the Capital Gains Act § 4, paragraph. 5, these utilities etc. is not considered that company's subsidiaries in relation to paragraph 1.

PCS. 8. A company goes into bankruptcy, to be kept out of the joint taxation as from the income year in which the bankruptcy order is made. At the end of the joint taxation will § 31 A, paragraph. 10 apply.

§ 31 D. The calculation of taxable income takes into account companies and associations etc. no subsidies from affiliated companies or associations, etc., see. § 31 C. However, this applies only if tilskudsyderen direct or indirect parent of the beneficiary or if tilskudsyderen and the beneficiary have common direct or indirect parent company (sister companies). For grants between the two companies (affiliates) with common direct or indirect parent company takes the first section. only apply if the common parent can receive tax-free dividends from tilskudsyderen. If the common parent owns only tilskudsyderen indirectly, the conditions must be met in each ejerled. If the single parent or intermediate ejerled are foreign, they must be covered by Directive 2011/96 / EU or meet the conditions for waiver or reduction of dividend taxation under the provisions of a tax treaty between Denmark and a foreign state, the Faroe Islands or Greenland.

PCS. 2 pcs. 1 does not include dividend payments.

PCS. 3. Companies, which subsidizes affiliated companies, see. § 31C, has in no case the deduction for the subsidy.

PCS. 4. Tilskudsyderen and receiver must be companies and associations etc. that are jointly taxed according to § 31, or companies and associations etc. that are jointly taxed or could jointly taxed according to § 31 A. Tilskudsyderen can not be an investment for Capital Gains Tax Act.

PCS. 5. Notwithstanding paragraph. 1 included corporate subsidies by income if a foreign group company has less intra-group funding after foreign tax rules.

PCS. 6. It is not considered to be a taxable grant to the holding company when the amount deemed to be received by the shareholder for Capital Gains Tax Act § 4 A, paragraph. 3, or § 4 B, paragraph. 2, not distributed to the shareholder.

§ 32. When a company, association, etc. as mentioned in § 1 or § 2. 1, point a, is a parent company of a company, association, etc. (subsidiary), see. Paragraph. 6, the parent company of income include the amounts specified in paragraph. 7-10, when the amount is positive. Owned the same share of the equity in a subsidiary directly or indirectly by the parent undertaking included the share of the parent company which owns the largest direct or indirect ownership interest. If more parent companies own equal shares, included the proportion of the ultimate parent company. It is a prerequisite for taxation under the 1st clause. That the following conditions are present:


1) The subsidiary's CFC income, see. Paragraph. 4 and 5, in the tax year up more than half of the subsidiary's total taxable income calculated in accordance with paragraph. 4. In assessing ignores taxable income of companies under the subsidiary's controlling interest, if the companies are based in the same country as the subsidiary. Instead involved taxable income in the companies in proportion to the subsidiary's direct or indirect ownership interests. When calculating the subsidiary's total taxable income from taxpayer subsidies.

2) The subsidiary's financial assets on average in income year, up more than 10 per cent. of its total assets. Financial assets mean assets whose returns are covered by paragraph. 5. The calculation is based on the carrying amounts, however, included intangible assets whose returns are covered by paragraph. 5, no. 6, to the commercial values. Assets whose returns are tax are not included in the calculation. Non-interest bearing debts on trade receivables, etc. are not included in the calculation. In the evaluation finds no. 1, 2 and 3 shall. Apply mutatis mutandis.

3) The parent company's shares in the subsidiary has no shares or investment certificates, etc. in investment by the Capital Gains Tax Act.

4) The parent company's shares in the subsidiary not owned by a legal entity which is taxed under the rules of § 13 F.

PCS. 2 pcs. 1 shall not apply if the group has chosen international joint taxation according to § 31 A. Tax Board may permit a subsidiary concession to carry insurance, mortgage, investment management and banking and public scrutiny should not be covered by PCS. 1 if the main part of the income coming from business with customers in the country where the subsidiary is resident, the major part of the income coming from business with customers that are not affiliated with the subsidiary, see. Assessment Act § 2. 2, and the subsidiary's capital does not exceed what the operation of insurance, mortgage, investment management and banking business dictates. It is a condition that the subsidiary is Danish, or to taxation of dividends from the subsidiary to the parent company will have to be waived or reduced in accordance with Directive 2011/96 / EU or by the double taxation treaty with the Faroe Islands, Greenland or the state of the subsidiary. Tax Board shall determine the terms of the license, which may not exceed 10 fiscal year.

PCS. 3. The income and assets of the subsidiary is calculated according to the principle of territoriality, see. § 8 paragraph. 2, 1st-3rd section. PCS. 1, 2 and 4-13 apply mutatis mutandis to the subsidiary's permanent establishments that are located outside the State in which the subsidiary is resident.


PCS. 4. Determining a Danish subsidiary CFC income and the subsidiary's total taxable income used in the subsidiary's own income without the carry-over of losses from previous fiscal year. In the statement of a foreign subsidiary CFC income and the subsidiary's total taxable income, taxable profits and deductible loss is calculated based on the actual purchase prices and the actual acquisition time unless market principle be used. Depreciable assets deemed acquired at actual cost and amortized with the total foreign tax depreciation. Selects subsidiary in a tax year with positive foreign income not to reduce this to the extent possible through the exercise of foreign depreciation options, or can a foreign depreciation basis is not determined, applied § 31 A, paragraph. 8. Depreciation and other costs which the taxpayer's choice under Danish rules can be deducted in the income year, be deducted when a subsidiary in the calculation of taxable income for foreign rules make similar deductions in the same income year. 2nd-5th section. shall not apply if there is already established a Danish tax value for the assets and liabilities. If the subsidiary at the income statement under foreign tax law has intervened in a transferring company acquisition costs and acquisition times indtrædes also in acquisition costs and acquisition times by the Danish income. If there is a transfer to another company where the receiving company for foreign rules joins the subsidiary acquisition costs and acquisition times, and the parent company after the transfer remain the parent company of the receiving company included profit and loss not by the Danish income.

PCS. 5. CFC income is calculated as the sum of the following income and expenses:

1) Taxable interest income and deductible interest expenses.

2) Taxable gains and deductible losses on claims, debt and financial contracts covered by the Capital Gains Act. Gains and losses on contracts (forward contracts, etc.), which serves to ensure the income and expenses are not included. Gains and losses on forward contracts, etc. are included, however, if the taxpayer carries nutrients the purchase and sale of debts and financial contracts or carry on trading business by financing.

3) Commissions and the like., Which is deductible by the Tax Assessment Act § 8 ​​paragraph. 3, and the corresponding tax commissions and the like.

4) Taxable dividends and taxable disposal sums related shares, etc. covered by the Capital Gains Tax Act.

5) Taxable profits and losses on shares, etc. covered by the Capital Gains Tax Act.

6) Payments of any kind received as a consideration for the use of or the right to use intangible assets and gains and losses on disposal of intangible assets. 1st clause. shall not apply, in respect of payments from companies that are not affiliated with the subsidiary, see. § 31 C, the use of, or the right to use intangible assets, incurred as a result of the subsidiary's own research and development company. Intangible assets include any copyright of literary, artistic or scientific work including cinematograph films, any patent, trade mark or design or model, plan, secret formula or process, or information concerning industrial, commercial or scientific experience.

7) Tax deductions related revenue referred to in Nos. 1-6.

8) Taxable income on finance lease, including gains and losses on disposal of assets, which has been used to finance leases.

9) Taxable income related to insurance business of bank or mortgage or financial activities in general.

10) Taxable gains and losses on disposal of CO2 quotas and CO2 credits, see. Depreciation Act § 40 A.


PCS. 6. The Company is considered to be the parent of the subsidiary if the company directly or indirectly holds shares in the subsidiary and the group has a controlling interest in the subsidiary after § 31 C. In the evaluation of the controlling interest included the voting rights, etc., held by individual shareholders and their related referred. Assessment Act § 16 H, paragraph. 6, or by a fund or trust established by related parties, etc. or by funds or trusts established by them. Similarly included voting rights, etc., held by shareholders with whom the parent has an agreement for the exercise of control, or held by a company, association, etc. as mentioned in the Assessment Act § 2. 1, 2nd sentence. (Transparency unit) in which the parent is involved.

PCS. 7. At the parent company's income statement excludes the portion of the subsidiary's income corresponding to the average direct or indirect share of the subsidiary's total share capital, as the parent company has owned for income period. There will however be counted only income earned by the subsidiary in the part of the parent company's income year in which the Group has control of the subsidiary.

PCS. 8. On disposal of the subsidiary's assets and liabilities acquired or generated before the group got a controlling interest in the subsidiary, the market value at the time when the Group gained control of the subsidiary, be used instead of the acquisition cost. § 4 A, paragraph. 1, 2 and 3 shall. Apply mutatis mutandis. When the subsidiary complying with paragraph. 1 without having met them in the preceding fiscal year, are considered assets for depreciation of the foreign tax depreciation in the preceding fiscal year, however paragraphs. 4, 4th paragraph., Mutatis mutandis. Recycled depreciation can not exceed the amount by which the sum of depreciation made this year under the tax under this provision exceeds the actual depreciation of the date on which the Group gained control of the subsidiary. 1st-4th section. applies only if the profits and losses on the assets and liabilities not previously included in the Danish income. If there is a transfer to another company where the receiving company for foreign rules joins the subsidiary acquisition costs and acquisition times and the parent company after the transfer remain the parent company of the receiving company with the same direct or indirect ownership included gains and losses not know the Danish income.

PCS. 9. The parent company income statement included the subsidiary's losses carried forward. The same applies to losses transferred from other companies as part of a joint taxation or other rules by which the deficit can be transferred. The subsidiary's argued and losses transferred may not constitute more than an amount equal to the deficit calculated in accordance with Danish rules. Assessment Act § 33 H shall apply mutatis mutandis, in respect of the parent company's own losses which can not be offset against the subsidiary's income.

PCS. 10. If the parent company directly or indirectly reduce its stake in the subsidiary, in order to assess whether a parent company must include the subsidiary's income and by the parent company's income statement included the income of the subsidiary would have earned if it had sold all the assets and liabilities covered by Capital Gains Act and the Capital Gains Tax Act to the fair at the same time, not exceeding an amount proportionately equivalent to the reduced ownership interest. Similarly included tax provisions in the subsidiary. The income for the 1st and 2nd section. deducted from the taxable income of the parent company takes into account after the Capital Gains Tax Act § 17 as a result of the share transfer, since the deduction may not exceed income after 1st and 2nd clauses. 1st and 2nd clauses. shall not apply if the parent is still the parent of the subsidiary. However, there is a proportional taxation to the extent that the parent company's stake reduced. 1st and 2nd clauses. shall not apply if the shares directly or indirectly transferred to a related covered by Assessment Act § 16 H, or to a taxed company, see. § 31. The related respectively the jointly taxed company joins the parent company's acquisition cost and timing in accordance with paragraph. 8. However, there is a proportional tax, to the extent its stake reduced.


PCS. 11. Reduction is given for the subsidiary's Danish and foreign taxes under the Assessment Act § 33 paragraph. 1 and 6. Reduction is given for the taxes that the subsidiary would pay if it were taxed according to a territorial principle similar to the principle in § 8 paragraph. 2. If the parent company of income statement should include profit on assets in accordance with paragraph. 10, gives credit the tax that the subsidiary could be levied by the profit on the asset or liability, if it was disposed of at the same time. The discount for 3rd clause. can not exceed the Danish tax on income in accordance with paragraph. 10, 1st clause. Reduction is given for tax provisions under paragraph. 10 in a similar way for the 3rd and 4th section.

PCS. 12. Tax Board may establish rules for completing accounting for foreign companies. If the requirements for CFC taxation was achieved in only part of the parent company's income year, is the money accounted for the subsidiary company for this period.

PCS. 13. If a parent has paid taxes of a foreign subsidiary's income for a tax year under this provision, this tax offset against the parent company's other taxes in a later tax year to the extent that the sum of the subsidiary paid taxes referred to in paragraph. 11 and the tax paid as a result of this provision exceeds the sum of the Danish tax on the subsidiary's income for the interim and fiscal year. Amounts that can not be accommodated in the parent company's other taxes, paid in cash. The 3 income year prior to the first tax year in which the subsidiary complying with paragraph. 1 may be included in the calculation under the 1st clause. This paragraph shall apply only if the Group throughout the period has a controlling interest in the subsidiary, see. Paragraph. 6

§ 33. If a company or association, etc. dissolved and its assets distributed to the shareholders or members, without set aside sufficient funds to cover the company or the union chargeable to income tax, the shareholders and the members together with the liquidator or where such is not elected or appointed, the Board of Directors jointly and severally liable for payment of the tax. Towards the liquidators (the Board) to joint and several liability not be claimed for an amount greater than the sum of the shareholders or members making distributions, and shareholders or members are liable only to the extent that they have received distributions from the association. This does not by resolution of limited liability companies in accordance with § 216 of the Law on limited companies (the Companies Act) or other companies in accordance with § 20 of the Act on certain commercial companies.

§ 33 A. Whoever against overpriced transfers shares of a company liable for an amount equal to the acquisition price, for payment of the taxes and fees imposed on the company as a current or contingent liability at the time of transfer. The liability can only be invoked if outlays unsuccessfully attempted at the company. Liability may also be invoked only when the transferor at the date knew or should have known that the purchaser paid the price for the securities held. If the transferor is a corporation, etc., are not fully taxable in this country, can liability be directly relied on in this country fully taxable persons and companies to the extent they directly or indirectly exercises a controlling influence over the transferor company. Control is always present if the in this country fully taxable persons or companies 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 votes. It is a condition for liability under section 4. That this country fully taxable at the date knew or should have known that the purchaser paid the price for the securities held. Whoever who advises business contributed to the transfer, jointly with the transferor and the fourth section. persons and companies mentioned when the consultant at the time of his involvement knew or should have known that the transfer would happen to the price.


PCS. 2. If the transferor is a person, the first paragraph. 1, 1st-3rd section., only apply where the transfer involves holdings registered to majority shareholder shares after the Capital Gains Tax Act § 4, except that a stake of 10 per cent. stock or share capital is considered as the main shareholder shares. If the transferor is a corporation, etc., the provision of paragraph. 1, 1st-3rd section., only apply where the transfer relates to investments in affiliated companies, see. Capital Gains Act § 4, paragraph. 2, except that at an interest of 10 per cent. of the share capital of each company shall be deemed to be affiliates.

PCS. 3. Paragraph. 1 shall also only apply where the transfer relates to investments in a company that at the time of transfer is essentially no financial risk commercial activity or profession in one or more subsidiaries in which it owns at least 25 per cent. of the share capital.

PCS. 4. Overpriced following paragraph. 1 is deemed to exist when payment for the shares clearly exceeds the proportionate share of its net worth at the time of transfer.

PCS. 5. Before a transfer of shares in a company takes place, there may be obtained a firm response by the Tax Act, Chapter 8 on whether any liability under subsection. 1 will be argued. The binding answer may be conditional upon the provision of full or partial security for the payment of the taxes of any kind to the public that the company is responsible as an actual or contingent liability at the time of transfer. A counselor can free themselves from the liability referred to in paragraph. 1, last point. If the adviser before the transfer ensures that obtained a binding answer. The binding responses must be submitted no later than 3 months after the Customs and Tax Administration has received all information relevant to the answer. Is it binding answer not later than 3 months after the Customs and Tax Administration received the information, the consultant is released from liability referred to in paragraph. 1, last point.

PCS. 6. Against the transferor's or adviser's protest to liability under paragraph. 1 only be invoked after Tax Board's determination.

§ 34. Moreover, the tax legislation rules will apply to in this Act referred to corporations and associations, etc., insofar as they are consistent with this Act given provisions.

§ 34 A. (Repealed)

Section VII

Commencement and transitional provisions

§ 35. 2) Taxable companies, etc. For each of the financial years 2002 to the last fiscal year ending before the reporting date, make digital reporting to customs and tax administration of the remaining loss carryforwards, see. § 12 and the Funds Tax Act § 3, paragraph. 2. taxed companies responsibility reporting requirement management company. Carryforwards that are not reported under the 1st clause. Forfeited and notwithstanding § 12 and the Funds Tax Act § 3, paragraph. 2, not deductible from taxable income.

PCS. 2. Tax restructuring covered by the Merger Tax Act, affecting the deficit application under subsection. 1, which is implemented by the reporting date shall also be transmitted digitally.

PCS. 3. Is the timing of deficits irrelevant for deficit purposes, the tax minister dispense with the obligation to report losses for each of the tax years 2002 to the last fiscal year ending before the reporting date.

PCS. 4. The Minister for Taxation lays down rules on the reporting date, the access of customs and tax administration, if there are special circumstances, to ignore that deadline, the period of reporting, the characteristics which the notification should contain and how reporting should be done in accordance with paragraph. 1 and 2.

§ 35A (Repealed)

§ 35 B. (Repealed)

§ 35 C. (Repealed)

§ 35 D. (Repealed)

§ 35 E. (Repealed)

§ 35 F. (Repealed)

§ 35 G. (Repealed)

§ 35 H. (Repealed)

§ 35 I. (Repealed)

§ 35 J. (Repealed)

§ 35 K. (Repealed)

§ 35 L. For associations from the income year 1994, respectively tax year 1995 passes to taxation under § 1. 1, no. 3, from taxation under § 1. 1, no. 6, see § 5 A shall apply mutatis mutandis. However paragraph. 2-4.


PCS. 2. The part of the taxable amount calculated in accordance with § 5 A, paragraph. 3 derived from profits calculated after depreciation Act § 21 and property gains tax law, included but not by taxation under § 5 A, paragraph. 1. This profit included only to taxable income in the income year in which the association actually refrains building, installation or property. Ejendomsavancebeskatning Act §§ 6 A and 6 C are not applicable. If the association at the time of disposal is taxed according to § 1. 1, no. 3, should this amount is multiplied by 2.3.

PCS. 3. When the union dissolved or released from taxation under § 1. 1, no. 3, to taxation under § 1. 1, no. 6, or become exempt from taxation under § 3 shall be any remaining taxable amount under paragraph. 2 included in the corporation's taxable income for the tax year in which the solution or the transition occurs.

§ 35 M. The value of shares in accordance with § 215 of the Financial Business Act be transferred to an association that is not included in the calculation of the corporation's taxable income.

§ 35 N. (Repealed)

§ 35 O. For utilities (power plants) released for taxation under § 1. 1 pt. 1 or 2 e, or § 2, see. § 1. 1 pt. 1 or 2 e, from tax exemption in accordance with § 3, paragraph. 1, no. 4, the transitional provisions of paragraph. 2-5 application.

PCS. 2. Machinery, equipment and similar operating equipment and ships, as utility company owns prior to the transition to the tax liability included in the balance value after depreciation Act with the acquisition cost reduced by the technical impairment. Depreciation can instead be made on the basis of replacement cost, adjusted for remaining life and adjusted for inflation / price increases.

PCS. 3. buildings that are depreciable by depreciation Act, or installations that exclusively serve such buildings, which were acquired or completed before the transition to the tax liability is depreciated on the basis of the amount by which the building or installation is part of the property value in assessing per. 1 January 2000.

PCS. 4. For non-depreciable buildings are depreciated depreciable installations that were acquired or completed before the transition to the tax liability on the basis of the amount by which the installation is estimated to be part of the property by the assessment on. 1 January 2000.

PCS. 5. In the statement of profit or loss for property gains tax law, Capital Gains Tax Act, Capital Gains Act or depreciation Act §§ 39 or 40, the provisions of the Corporation Tax Act § 35 K, paragraph. 1-4, also apply when the asset or debt acquired respectively taken prior to the transition to the tax liability. For real property, enter the property value per. January 1, 2000 instead of the values ​​mentioned in § 35 K, paragraph. 1, 2nd-4th section.

PCS. 6. For municipalities that from 1 January 2000 will be taxable under § 1. 1 pt. 2 f or § 3, paragraph. 7, as well as companies and associations etc. released for taxation under § 1. 1 pt. 1 or 2 e, or § 2, see. § 1. 1 pt. 1 or 2 e, the income from the production of electricity and heat from the tax exemption in accordance with § 3, paragraph. 1 pt. 5 and 6, the provisions of subsections. 1-5 apply to assets and liabilities relating to this business.

PCS. 7. Decentralised CHP, see. § 5 of the Law no. 375 of 2 June 1999 on electricity supply, which is not owned by a power station can either write off an amount equal to the portion of net debt attributable to the cogeneration plant, calculated at market value per. date of release for tax liability over 20 years from tax liability or deduct repayments and index premium on index recorded before 1 January 2000, relating to the period after the transition to tax liability in the calculation of taxable income. The system can then not depreciate assets that it owns at the transition to the tax liability, and on subsequent disposal of these assets included the full consideration received, regardless of the nature of the asset by calculating taxable income. By surrender pursuant to the second section. takes the principles of property gains tax Act § 4, paragraph. 4-9, mutatis mutandis. Net debt refers to the part of the plant's total debt, which exceeds the plant's debts covered by the Capital Gains Act, securities subject to Capital Gains Tax Act and float. It should by submission of tax return for the first tax year the tax liability binding indicating if you wish to write off an amount equal to the net debt or deduct repayments and index premium on index by 1 point.

§ 36. (Repealed)

§ 37. (Repealed)


§ 38. (Repealed)

§ 39. (Repealed)

§ 40. The Minister of Taxation shall lay down detailed rules for the implementation of this Act and authorized to discourage the implementation of the Act necessary expenses.

§ 41. This law does not apply to the Faroe Islands and Greenland.

Taxation, January 9, 2015
PMV
Jens Brøchner
/ Lise Bo Nielsen

Official notes

1) The Act contains provisions implementing parts of Council Directive 2009/133 / EC of 19 October 2009 on a common system of taxation applicable to mergers, divisions, partial divisions, transfers of assets and exchanges of shares concerning companies of different Member States and to the transfer of an SE or SCE's registered office between Member States Official Journal 2009, no. L 310, page 34, Council Directive 2011/96 / EU of 30 november 2011 on a common system of taxation applicable to parent companies and subsidiaries of different Member States Official 2011, no. L 345, page 8, Council Directive 2003/49 / EC of 3 June 2003 on a common system of taxation applicable to interest and royalty payments made between associated companies of different Member States Official Journal 2003 No. L 157, page 49, as amended by Council Directive 2004/66 / EC of 26 april 2004 adapting including Council Directive 2003/49 / EC in the area of ​​free movement of goods, freedom to provide services, agriculture, transport policy and taxation, as a result of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, EU Journal 2004 No. L 168, page 35, by Council Directive 2004/76 / EC of 29 april 2004 amending Directive 2003/49 / EC as regards certain member States to apply transitional periods for the application of a common system of taxation applicable to interest and royalty payments made between associated companies of different Member States Official Journal 2004 No. L 157, page 106, and by Council Directive 2006/98 / EC of 20 november 2006 amending certain directives concerning taxation due to Bulgaria and Romania, Official 2006 no. L 363, page 129.

2) According to § 4, paragraph. 5 of the Law no. 528 of 28 May 2014 that legal persons after Tax Act § 4, paragraph. 2, must submit a tax return for the period from 1 October to 31 July of the income year, can, if tax return deadline for the tax year ending in the period when reporting for carryforward takes place, wait to submit a tax return for the tax year to 1 . August this year after the income year.

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