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In accordance with the decision of the Parliament:
In Finland, a limited liability company resident in Finland is exempted from income tax as provided for in this Act.
The exemption under this law shall be granted to the company referred to in Article 1 if:
(1) the company does not engage in activities other than the rental activities of the holdings which it owns and share ownership, the normal hosting and maintenance activities to which it is subject, the construction of its own account, and the required Treasury management;
(2) Whereas at the end of the previous fiscal year, at the end of the previous fiscal year, at least 80 % of the assets of the company consist mainly of real estate, shares held by a housing stock company or shares in the management of the dwelling; A non-residential real estate company exclusively engaged in the ownership and management of the property and its buildings;
(3) the company does not own the assets required under paragraph 1 and the (1173/1997) Other assets in addition to the investment funds referred to in paragraph 2 (3) to (6);
(4) the number of consolidated financial statements referred to in Article 18 (2) of the company or, where the company is not required to draw up consolidated financial statements, the amount of debt denominated in the company's financial statements does not exceed 80 % of the balance sheet total;
(5) the holding of a single shareholder in the company's share capital is less than 10 % of the company's share capital; and
6) the company is subject to the property fund.
The property is considered to be predominantly residential if at least 50 % of the buildings occupied by the buildings are residential. The non-built plot of the housing site, which is provided for in the arms-lying area, is also considered to be predominantly residential.
Paragraph 1 (2), as provided for in Article 1 (2), of a housing company and a mutual real estate company, shall also apply to comparable companies and entities situated in another State belonging to the European Economic Area.
The tax exemption starts from the beginning of the tax year following the application.
The tax exemption starts at the request of the company from the beginning of the tax year during which the application was made if:
(1) the conditions for granting the exemption have been fulfilled at the end of the fiscal year preceding the application; or
(2) the company was established for the purposes of carrying out the activities referred to in this Act, or was born as a result of division or merger in the tax year in which the application was made, and if the conditions for exemption were met at the end of the tax year for which the In the course of the application.
The tax exemption expires at the end of the tax year during which the decision to withdraw the exemption has been taken. If the decision to withdraw has been delayed as a result of the company's failure to comply with the obligation to notify, the tax exemption expires at the end of the year during which the suspension of the tax exemption was established.
If the conditions for the validity of the exemption provided for in Article 15 (1) are not met in the first fiscal year of the tax exemption period, or where the tax exemption has been granted on the basis of incorrect information provided by the company, the tax exemption shall be withdrawn retroactively Of the year.
As a result of the transfer of the rental company to the tax exemption, the likely disposal of its assets is to be counted as taxable income of the tax year preceding the start of the company's tax exemption. As a purchase of funds at the start of the tax exemption, a surrender price is considered to be income.
The company has a residence grant under the Law on Taxation (186/1986) And the Law on taxing of the business income (360/1968) The amount of the reserve for the refinancing of the premises referred to in paragraph 2 shall also be counted as revenue for the fiscal year preceding the start of the company's tax exemption.
At the company's request, for the tax year preceding the start of the tax exemption for the company, the amount of the tax to be paid by the tax year before the start of the tax year shall be equal to the same amount in annual instalments corresponding to the part of the company corresponding to the corporation tax. The difference between the likely transfer of funds and the difference between the cost of the purchase and the amount of the cost, and the amount listed under Article 2 (2).
The cost of the acquisition of the company's fixed assets during the tax year shall be subject to deferred depreciation, corresponding to the maximum amount that could have been deducted in the income tax.
If the company discloses the assets referred to in Article 2 (1) (2) which the company has owned for less than five years, the company shall be required to pay the corresponding part of the transfer price and the amount of the contract not to be removed from the tax. The difference. (5.11.2010)
L to 919/2010 Entered into force on 17 November 2010 10959/2010 .
Payments shall be made irrespective of the relevant time limits, if the basic improvements to the building owned by the renounced property or the housing stock company or the mutual real estate company have been made, of which the amount of expenditure is: More than 30 % of the cost of the purchase of buildings not removed by the buildings, and if the disposal takes place before five years after completion of the basic improvement.
If, during the tax year, the company gives up more than 10 % of the value of the assets referred to in Article 2 (1) (2) at the beginning of the tax year, other than those mentioned in paragraph 1 of this Article, the company shall be required to: In the case of loss, the part corresponding to the difference between the transferred assets and the resulting acquisition cost, calculated in accordance with Article 5 thereof. (5.11.2010)
L to 919/2010 (3) entered into force on 17 November 2010 10959/2010 .
The cost of the acquisition, as referred to in paragraphs 1 and 2, shall be calculated in accordance with Article 5.
The company shall distribute at least 90 % of the profit for the year in which no unrealised value adjustments are made, unless the company law (1024/2006) Provisions limiting the distribution of the profits of the company on the basis of the company's free capital or ability to pay.
Paragraph 2 has been repealed by L 5.11.2010/919 , which entered into force on 17.11.2010, A 959/2010.
Paragraph 3 has been repealed by L 5.11.2010/919 , which entered into force on 17.11.2010, A 959/2010.
Paragraph 4 has been repealed by L 5.11.2010/919 , which entered into force on 17.11.2010, A 959/2010.
By way of derogation from income tax law (1535/1992) And the tax on business taxation provides for a tax on dividend income, the dividend distributed by the company's tax exemption is wholly taxable income.
If the share of the share capital of the company is at least 10 % on the day of the reconciliation of the share capital of the company, the tax administration shall determine the amount to be paid by the company to the dividend equal to the portion of the dividend allocated to the dividend.
If, in the tax year, the amount of the rental income received by the company referred to in Article 2 is below 80 % of the total income of the company, which does not, however, include the transfer of funds as referred to in Article 2 (1) (2), the tax administration shall determine: The amount to be paid by the company equal to 20 % of the amount in which the lessor is below 80 % of the total income of the company.
A company shall not be deemed to be unravelled if, within the meaning of Article 52a of the Act on the taxation of business income, the company becomes subject to another corporation tax-free, or two such companies merge by setting up a new A company eligible for tax exemption. The merger shall apply mutatis mutandis, as provided for in Article 552 (b) and Article 52h of the Law on the Taxation of Economic Income.
The company shall not be regarded as unravelling in taxation if it is broken down in accordance with Article 52 c (1) of the Tax on Economic Income Tax Act and the company or companies resulting from the division have been approved or approved under this Act. Tax-free. The distribution shall apply mutatis mutandis, as provided for in Articles 52 (c) and 52 h of the Law on the taxation of business income.
Article 52 (b) of the Law on the taxation of business income does not apply where a company other than that authorised under this law becomes a tax free company within the meaning of this Act.
In the event of liquidation of the company, the undistributed profits of the company and, during the period of duty free, the amounts transferred to other equity capital shall be counted as the result of the company's final tax year. In addition, the provisions of Article 51d of the Law on the Taxation of Economic Income are applicable to the taxable amount of the unravelling company.
Paragraph 1 shall also apply to mergers and divisions other than those referred to in Article 10 (1) and (2).
The income of the fiscal year following the end of the tax exemption shall be read by the company, at the end of the previous fiscal year, of undistributed profits and, during the tax period, of the amounts transferred from profits to other equity capital minus the tax year mentioned. By the amount of the dividend.
From the end of the tax year following the end of the tax exemption, the company's taxation will be provided in accordance with the provisions on income tax. In the case of income tax, deductible expenses are not deductible at the time of duty, interest or losses that could have been deducted in the company's tax during the tax exemption if the company had been taxed under the income tax provisions at that time.
At the beginning of the tax exemption, the company tax losses and the unspent corporate tax credits are deducted as tax years following the end of the company's tax exemption, in accordance with the law on income tax and corporation tax Law on abrogation (2003) Provides. The time limits for reducing losses and the use of credits are considered during the current tax exemption.
At the beginning of the fiscal year following the end of the tax exemption, as provided for in Article 30 of the Act on the Taxation of Enterprise, the sum of the amounts of expenditure referred to in Article 4 shall be regarded as the sum of the amounts of expenditure referred to in Article 4 at the end of the exemption. In the case of fixed assets, the amount calculated in accordance with Article 5 shall be deemed to be non-depreciable.
An application for tax relief must be submitted to the tax administration at the latest by the end of the fiscal year for which the concession is sought.
The application shall contain the necessary information and documents relating to the activities of the company and the fulfilment of the conditions of the exemption provided for in Article 2 (1). At the request of the tax administration, the company shall also provide the other information and documents needed to settle the matter.
The tax administration shall accept the application for exemption under the conditions laid down in Article 2 (1). However, the application shall not be accepted if it is clear that the conditions of validity of the exemption provided for in Article 15 (1) shall not be fulfilled in the first tax year of the tax exemption.
In addition to the fulfilment of the conditions laid down in Article 2 (1) (1) to (4) and (6), the validity of the tax exemption shall be conditional on:
(1) the company divides the tax year as a dividend at least in accordance with Article 7;
(2) the shares of the company are traded on a regulated market in the European Economic Area or, upon application by the company, are admitted to multilateral trading within the European Economic Area;
(3) the company does not share its assets except as a dividend; and
(4) the company and the subsidiaries or associates referred to in Article 2 (1) (2) are not involved in the transaction or arrangement which appears to have been undertaken for the purpose of exemption from the tax payable.
Paragraph 1 (2) shall not apply in the first two tax years of the company's tax exemption if the company presents a written request for it by the end of the first fiscal year at the latest. If the requirement under paragraph 2 is not met by the third tax year at the latest, the provisions of Article 3 (4) shall apply.
The tax administration shall withdraw the decision approving the application for exemption if the conditions laid down in Article 2 (1) (1) to (4) and (6) and Article 15 (1) are not met.
Before the withdrawal, the company must be given an opportunity to be heard. Furthermore, the company must be given an opportunity to eliminate the deficiency within a reasonable period set by the tax administration, but not when it is apparent that the conditions referred to in paragraph 1 are not fulfilled.
If the company's procedure has been planned or is intended to benefit from significant economic benefits, the approval must be withdrawn despite the fact that the company has removed the deficiency. In this case, the company cannot be reallocated tax exemption.
Each year the tax administration monitors the fulfilment of the conditions laid down in Article 2 (2) and Article 15 (1) and, where appropriate, provides for the payment of fees referred to in Articles 6 to 9.
The tax procedure applies to the levy, tax audit, tax adjustment, tax increase and the intra-Community interest rate (188/1995) . The collection of the amount of the frying pan shall be subject to the tax collection law (2006) .
Under this Act, the amount paid for the period of exemption from the tax exemption is subject to the provisions of the Law on the publicity and confidentiality of tax information (1346/1999) Provides for income tax.
The amount to be paid shall be paid to the State.
The company must, in spite of the tax relief, submit a tax return to the tax administration in accordance with the obligation to declare taxable income elsewhere in the tax legislation. At the same time, the company shall report on the fulfilment of the tax exemption provided for in Article 2 and Article 15 (1) in the tax year. The tax administration determines the content of the information necessary for the purposes of monitoring.
The tax return shall be accompanied by consolidated financial statements, which shall be accompanied by a combination of all the accounting laws referred to in Article 2 (1) (2) (136/1997) The financial statements of the subsidiaries.
The company shall immediately inform the tax administration of any changes which are relevant to the granting and the conditions of the exemption.
The tax administration may give a preliminary ruling on the application of this law on written application by the taxable person.
The application shall indicate the specific question to which the preliminary ruling is sought and provide the necessary explanation of the case.
The reference for a preliminary ruling is binding on the applicant's claim, as laid down in the preliminary ruling.
The case for a preliminary ruling has to be dealt with as a matter of urgency in the tax administration, administrative court and the Supreme Administrative Court.
An appeal against a decision other than those referred to in paragraph 2, pursuant to this Act, is to be amended as provided for by the Law on the Tax Procedure.
A decision concerning the approval or withdrawal of an application for a tax exemption is lodged by the decision of the Helsinki Administrative Court, as referred to in the Administrative Law Act. (18/06/1996) Provides. The appeal must be treated as a matter of urgency.
The taxable person or any other person entitled to appeal is entitled to appeal to the Helsinki Administrative Court. The appeal shall otherwise be governed by what the law on the taxation procedure provides for an appeal in taxation. The appeal time is 30 days from the briefing. The decision not to give a preliminary ruling shall not be subject to appeal.
This Act shall enter into force at the time of the Council Regulation.
The law applies for the first time in the tax year starting in 2010. (5.11.2010)
L to 919/2010 (2) entered into force on 17 November 2010 10959/2010 .
The maximum qualifying holding referred to in Article 2 (1) (5) and Article 8 (2) of the Law shall be 30 % for the tax years 2010 to 2013. (5.11.2010)
L to 919/2010 (3) entered into force on 17 November 2010 10959/2010 .
This Act shall enter into force at the time of the Council Regulation.
THEY 113/2010 , VaVM 34/2010, EV 153/2010
