Advanced Search

The Investment Law Of The Booking

Original Language Title: Investointivarauslaki

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Investment booking law

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

Investment reserve
ARTICLE 1

Investment reserves which are subject to the provisions of this Act may be made in order to compensate for the cyclical fluctuations.

The investment reserve shall not, however, be made for a financial year ending on or after 1 January 1992. (21.11.1991/1366)

ARTICLE 2 (14.7.1989/660)

The investment reserve shall mean a reserve in the accounts of the taxable person, which shall be set up at the latest in the context of the confirmation of the financial statements. The investment reserve may be made in accordance with the Law on taxing (160/68) A taxable person engaged in a business activity, which considers two-fold accounting in accordance with the accrual basis.

ARTICLE 3 (14.7.1989/660)

The investment reserve shall not exceed 20 % of the profits of the taxable person for the period prior to the reservation and the deduction of direct taxes. However, no investment reserve of 30 000 marks may be made.

The taxable person shall not be entitled to make an investment reserve for the financial year during which he has used the investment reserve or increased the investment balance.

Investment balance
§ 4

The taxable person who made the investment reserve shall make a deposit on a special account holding account in the Bank of Finland (investment savings) .

§ 5 (14.7.1989/660)

The level of investment is 50 % of the investment reserve.

The investment shall be made within six months of the end of the financial year for which the investment reserve has been made. The deposit shall be deemed to have been deposited once it has been deposited in the Bank of Finland or assigned to the Bank in the Bank of Finland.

ARTICLE 6 (14.7.1989/660)

The Bank of Finland shall pay an annual interest rate for the investment balance in the escrow account, the amount of which is the Bank of Finland's base rate minus two and a half percentage points.

Interest shall be paid when the investment is raised and paid separately for each of the items to be raised.

§ 7 (14.7.1989/660)

The taxable person may raise a deposit with the corresponding investment reserve for the financial year to which the State Council has authorised the use. In the cases referred to in Article 11, in the cases referred to in Article 11, the Ministry of Finance has to be authorised to use the investment reserve and, in other cases, a certificate issued by the tax office of the taxable person at the place of residence of the taxable person. Of the corresponding investment reserve. (21.11.1991/1366)

The tax office shall issue a certificate to the taxable person in the cases referred to in Article 21. The taxable person may, by way of presentation of the certificate referred to in paragraph 1, withdraw the deposit which has not been accepted in taxation, as well as the deposit with which the amount of the deposit exceeds 50 % of the tax Of an approved investment reserve. (21.11.1991/1366)

The investments in the past must be increased before they have been made.

The Bank of Finland shall be notified by the Bank of Finland to the tax office of the taxable person.

§ 7a (14.7.1989/660)

Where the investment balance has been used in accordance with Article 17 (1) of the cyclically-deposit facility for a reduction in the business cycle, the investment reserve underlying the deposit has not been accepted in the form of a reduction in the amount of the investment. In the business cycle.

Use of the investment reserve
§ 8

The investment reserve may be used during the period laid down by the Government (period of use) . The decision of the Council of State may include either authorisation (licence) Or a debt (service obligation) Use of the investment reserve. The decision shall specify the investment provisions made for the financial years in question, or the obligation to use it.

In the concession decision, the State Council may limit the use of the investment reserve on a regional or economic basis or in accordance with the intended use. In the concession decision, the State Council may only decide that the investment reserve is to be used for the purposes referred to in Articles 9 and 10 below and for a period of at least one year.

Notwithstanding the provisions of paragraph 1, the investment reserve may be used after a period of five years after the end of the previous period of use, or, in the absence of a licence or operating debt, the end of the accounting year for which: The investment reserve was made. (14.7.1989/660)

§ 9 (14.7.1989/660)

The investment reserve may be used to:

(1) the acquisition of the current fixed assets, but not for the purchase of passenger cars, for basic improvements and for major repairs; (21.11.1991/1366)

(2) the construction, construction, road, rail, bridge, barrier, reservoir, reservoir, reservoir, reservoir and drainage of the taxable person's business activities;

(3) basic improvements to the stock-dwelling and rental apartment used by the taxable person for business activities;

(4) research and development activities, labour training, labour protection measures, the promotion of exports of taxable products or the protection of the environment; and

(5) direct expenditure on the purchase of fodder for farmed fur animals.

ARTICLE 10 (14.7.1989/660)

An entity may also make use of an investment reserve in order to carry out a share capital or share capital invested in a public limited liability company or a cooperative, if the share company or the cooperative is used for the purpose mentioned in Article 9. The share company or cooperative in question must give its consent to such use of the investment reserve.

Article 10a (21.11.1991/1366)

If the taxable person has increased the investment balance and has not used the investment reserve for the purpose referred to in Article 9 or 10, the investment reserve corresponding to the amount raised shall be counted as the taxable income of the tax year during which the deposit is Increased.

ARTICLE 11 (14.7.1989/660)

The Ministry of Finance may, for special reasons and under the conditions laid down in Article 8 (1) of the Council, grant an application for an investment reserve, even if it is not possible to use the reserve. Similarly, the Ministry of Finance may, for specific reasons, waive the obligation to partially or fully exempt the taxable person from the application.

Before taking a decision as referred to in paragraph 1, the Ministry of Finance may request an opinion from the Industrial Development Board.

ARTICLE 12 (14.7.1989/660)

The investment reserve may be used for the purposes referred to in Article 9 (1), (2) and (3), where the fixed assets are to be supplied or ordered, or where the construction or construction of a building or structure or of roads, railways, bridges, pasts, reservoir, reservoir, The drainage work shall begin during the operating period. If the fixed assets are delivered, or if the construction or other work is carried out after the operating period, the investment reserve may be used only for the expenditure incurred during the operating period. (21.11.1991/1366)

However, if the period of use of the investment reserve made for a given financial year starts before or immediately after the end of the period of use of the investment reserve for the previous financial years, The investment reserve shall also be used to cover the acquisition cost of the fixed assets or structure ordered during the earlier period of operation or of the building or road, the railway, the bridge, the dock, the dam, the pool or the sewerage.

The investment reserve may be used for the expenditure referred to in Article 9 other than for the purchase and basic improvement of the fixed assets and for the higher correction costs only if the obligation to perform the expenditure has been incurred during the operating period.

ARTICLE 13 (14.7.1989/660)

The investment reserve may be used for the purposes referred to in Article 10, in so far as the share or share capital is paid during the operating period.

An amount to be used for the purpose referred to in Article 9 (1), (2) or (3) to (5), by a shareholder or a cooperative whose shareholder or member has made its share capital or share capital through its investment reserve, shall be used no later than: The year following the year of payment. (21.11.1991/1366)

The tax authorities may, for specific reasons, extend the period referred to in paragraph 2.

Investment reserve in taxation
ARTICLE 14 (14.7.1989/660)

The investment reserve will be deducted from State and municipal tax revenue from the taxable income of the taxable person. If the taxable person has both a revenue source and a source of occupational income, the investment reserve shall be deducted from the income of the investment reserve or from which the taxable person requires it to be deducted.

As a result of which it shall be determined whether or not a tax law (482/58) (2) the discretionary tax referred to in paragraph 2 shall be regarded as the income of the income resulting from the deduction of the investment reserve. (21.11.1991/1366)

Tax L has been repealed by L for a tax procedure 1558/1995 .

§ 15

The expenditure or part of the expenditure covered by the investment reserve is not deductible.

Where the investment reserve has been used to cover the cost of a fixed asset or any other expenditure which is deducted from taxes on an annual basis, the depreciation shall be accepted by the depreciation or any other expenditure referred to above, and An investment reserve from the difference between the amount used to cover it.

The cost or part thereof referred to in Article 13 (2) by a company or a cooperative is not deductible in its taxation. (14.7.1989/660)

ARTICLE 16 (21.11.1991/1366)

When allocating more than 5 years of shares in the fixed assets referred to in Article 9 (2a), the amount of the investment reserve used shall be counted as taxable income for the taxable person in the year of delivery. The cost of the acquisition of the shares is therefore deductible as provided for by the law on the taxation of business income.

§ 17 (14.7.1989/660)

If, in the case of municipal taxation, the taxable person has required a reduction in the amount of the investment reserve for a particular or certain economic income, this does not preclude the use of the investment reserve in another source of economic income.

Outstanding provisions
ARTICLE 18 (14.7.1989/660)

If the taxable person has not used the investment reserve or has not been read as taxable income for the taxable person at the latest in the 1997 tax year, the unused part of the investment reserve for the 1997 tax year As a taxable income. An investment reserve, or part thereof, which is not used as an unused or revenue item, shall be read as the result of the income of which it has been deducted. If this source of income is no longer in the tax year concerned, the investment reserve or part of the investment reserve, which is not included in the revenue of the taxable person, shall be counted as the income of the corresponding revenue source. The taxable person shall have the right to withdraw the part of the investment reserve which corresponds to the part of the investment reserve created as income. (21.11.1991/1366)

Paragraph 2 has been repealed by L 21.11.1991/1366 .

If a limited liability company or cooperative whose shareholder or member has carried out its equity or share capital using its investment reserve, has not used the amount paid in the manner laid down in this Act, read the amount of the unused amount, plus 30 By a percentage of the tax year of the tax year following the year of payment by the company or the cooperative, or if, pursuant to Article 13 (3), the tax regime has extended the period referred to in Article 13 (2), the taxable income of the tax year in which the amount Should have been used at the latest.

§ 19

The taxable person who has made the investment reserve shall, in the context of his tax declaration, report on the amount of the provision and the investment balance.

The taxable person who, during the fiscal year, has used an investment reservation or raised an investment loan or part thereof, shall provide an explanation of the use of the reserve and the increase in the investment balance. (14.7.1989/660)

§ 20 (14.7.1989/660)

Before adopting the decision referred to in Article 8, the Board of Finland shall be given an opportunity to issue an opinion on the matter, unless it has submitted an act.

ARTICLE 21 (14.7.1989/660)

If the entity or group is dissolved, or where the other taxable person ceases to operate, or where the entity fails to merge, or if the taxable person's assets are declared bankrupt, the investment reserve for the year A taxable income in which the decision to dissolve, cease or declare bankruptcy shall be made. In this case, the taxable person shall have the right to increase the investment balance corresponding to the investment reserve to be read as revenue.

§ 22

More detailed provisions on the implementation and application of this law will be adopted by the Council of State if necessary.

ARTICLE 23

This Act shall enter into force on 1 January 1979 and shall apply to investment provisions adopted in accordance with the provisions of this Act.

This law repeals the Law of 8 June 1964 on Investment Funds (309/64) With its subsequent modifications. However, the latter law must be applied to the investment funds which are taxable at the time of entry into force of this Act. By way of derogation from Article 10 of the Investment Funds Act, tax revenue from 1991 to 1997 will be obtained from the Investment Fund without an increase or a tax increase. Where a taxable person has not used the investment fund or has not been read as a taxable income at the latest in the tax year 1997, the unused part of the investment fund shall be counted as taxable income for the taxable person in 1997. (21.11.1991/1366)

Entry into force and application of amending acts:

21.12.1979/97:
9.7.1982/536:

This Act shall enter into force on 1 August 1982 and shall apply for the first time in the taxation of 1982.

HE 84/82 yyyy 31/82, svk.Met 84/82

29.12.1988/12:

This Act shall enter into force on 1 January 1989. The law applies in the tax to be delivered in 1989 with the exceptions mentioned below. Article 16 of the Investment Reservation Act, as amended by the Law of 21 December 1979, does not apply to the 1989 tax exemption. (978/79) .

The interest rate for investment in the period prior to the date of entry into force of the Act does not constitute taxable income in the taxable income for 1989.

Notwithstanding the provisions of Article 9 (1), the investment reserve for the financial year ended before the date of entry into force of this Act shall also be used for the purposes of the purchase of a domestic passenger car, as provided for in this Act, in 1989.

Before the date of entry into force of this Act, the investment reserve for the financial year ending after the date of entry into force of this Act shall be obtained by any other taxable person other than the Community, within the meaning of Article 10 of the tax year 1989, under the same conditions as the Community.

On the basis of the use of the investment reserve for the financial year ending after the date of entry into force of this Act, the investment reduction referred to in Article 16 shall be obtained from the amount of the investment reduction referred to in Article 16 before the date of entry into force of this Act In accordance with the provisions

The investment reduction made in the fiscal year before the date of entry into force of the law before the date of entry into force of the Act shall be taken into account in the adoption of the Law on the Income Tax in the Income Tax Act (242/68) The loss of the taxable person.

In the case of taxation in 1989, before the entry into force of this Act, prior to the entry into force of this Act, prior to the entry into force of this Act, the The investment reserve is deemed to be used in the manner provided for in this Act.

HE 113/88, svk.miet 207/88, yyyy 85 and 85 a/88

14.7.1989/660:

This Act shall enter into force on 1 January 1990. The law shall apply for the first time in the taxable amount provided for in 1990, with the exceptions mentioned below.

The interest rate for investment in the period prior to 1 January 1989 is not taxable income.

Notwithstanding Article 9 (1), the investment reserve for the financial year ended before 1 January 1989 may also be used for the purchase of a domestic passenger car in the manner provided for in this Act, but not later than Tax year 1993.

The investment reserve made before 1 January 1989 shall be used by any other taxable person other than the Community for the purposes of Article 10, under the same conditions as the Community.

On the basis of the use of the investment reserve for the period from 1 January 1989 to 1 January 1989, the investment reduction referred to in Article 16 of the 1990 tax should be made available before the date of 1 January 1989. In accordance with the provisions

In accordance with the provisions in force before 1 January 1989, prior to 1 January 1989, the tax regime provided for by the tax administration before 1 January 1989 in accordance with the provisions in force prior to 1 January 1989 The investment reserve is deemed to be used in the manner provided for in this Act.

HE 10/89, yyyy 33/89, svk.Met. 95/89

21.11.1991/1366:

This Act shall enter into force on 1 January 1992.

The law shall apply for the first time in the taxation of 1992. However, Article 10a, Article 14 (2) and Article 23 (2) and Article 18 of the Act, as amended, already apply in respect of the taxation provided for in 1991.

Article 9 (2a) and Article 12 (4) of the Law are valid until the end of 1993 and apply in the case of taxes to be delivered in 1992 and 1993.

Notwithstanding Article 9 (1), the investment reserve for the financial year ended before 1 January 1989 may also be used for the purchase of a domestic passenger car, as provided for in this Act, but not later than Tax year 1993.

HE 79/91, yyyy. 29/91