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In accordance with the decision of the Parliament:
In Finland, in general, a taxable natural person is entitled to an additional reduction in tax years from 2013 to 2015 on the basis of the new share capital invested in the company in the manner prescribed by this Act.
For the purposes of this law:
(1) Investor In Finland, in general, a taxable natural person who invests share capital in the target company within the meaning of this law, in exchange for new shares issued by the company;
(2) The target company A limited liability company or a capital company registered in the economic territory of the European Economic Area, which is obliged to pay income tax and which is not the income tax law (1535/1992) A publicly listed company, as referred to in Article 33a, with a fixed establishment in Finland;
(3) Small enterprise An undertaking employing fewer than 50 persons, with a turnover not exceeding EUR 10 million or a balance-sheet total not exceeding EUR 10 million, which satisfies the requirements of The independence of the undertaking referred to in Commission Recommendation 2003 /361/EC concerning the definition and other recommendations contained in the Recommendation include the characteristics of a small enterprise.
An investor may deduct from the capital income of the tax year the amount corresponding to 50 % of the amount of the new capital invested in his target company in the tax year. The investment is made at the moment when the new shares registered in the acquisition are registered under the (1024/2006) In accordance with Chapter 9, Section 14, to the trade register.
The amount to be deducted on the basis of an investment in one target company shall not exceed EUR 75 000 in the tax year. A reduction shall not be granted if the amount deducted is less than eur 5 000. On the basis of investments in several target companies, the investor may deduct up to eur 150 000 in the tax year.
If the investor cannot deduct the amount specified in paragraph 1 in the tax year in which the investment is made, the non-deductible proportion may be deducted from the capital income of the investor in the next three tax years as the capital income accrues.
The deduction shall not be taken into account for the calculation of the deficit credit under Article 60 of the Income Tax Act and the loss of the capital income tax.
The amount of investment to be deductible shall be less than 50 % of the share capital of the offeree company after the investment. In accordance with Chapter 2, Section 4 of Chapter 2 of the Companies Act, the shareholder's share capital is to be executed in accordance with Article 5 of the same chapter as money. A significant share may not produce economic rights other than those of the company referred to in Article 1 (2) (1) of Chapter 3 of the Companies Act. On the basis of an investment, it must not be possible to establish by itself or in combination with previously owned shares (188/1995) The indirect or direct control referred to in Article 31 at the target company.
The target company may receive a maximum of eur 2 500 000 in the course of the calendar year. If more investments are made, the tax deduction shall not be granted in so far as the amount of the investments exceeds that amount.
An investment shall be directed against a target company whose shares are not owned or not directly or indirectly owned by a company belonging to or part of the investor or of his/her part or wholly owned by such a person A tax year or a fiscal year in the last three calendar years preceding the last three calendar years. The restriction shall not apply to an investor in accordance with this Act for the first investment in the following investments.
The target company must be a small business which mainly carries out other commercial income tax (360/1968) Article 1: business activities other than credit institutions or insurance, real estate, investment or securities trading. The target company shall not engage in shipbuilding or coal or steel business.
The registration of the company in the trade register or equivalent foreign register shall not exceed six years at the time of the investment.
The target company shall not be a firm in difficulty as defined in the Community guidelines on State aid for rescuing and restructuring firms in difficulty (2004/C 244/02).
The target company must be a company which cannot be deemed to have been set up for the purpose of continuing the operation of an existing company within the meaning of Articles 52 to 552 of the Law on the taxation of business income, distribution or business transfer, or In other ways.
The target company shall draw up a business plan within the meaning of point 4.3.5 of the Community Guidelines on State aid to promote risk capital investments in small and medium-sized enterprises (2006/C 194/02), together with the target company and investor Draw up the exit plan referred to in that paragraph.
A reduction shall not be granted on the basis of an investment made in a company whose activities are not in the State Aid Act. (2002) And socially acceptable.
A capital injection which is eligible for a deduction shall not be regarded as an investment in a company whose share capital has been reduced during the fiscal year prior to the fiscal year of the three-year tax year by the cancellation or redemption of shares, or whose assets have been allocated by the payment of the sum of Dividend-based contributions to shareholders other than the former shareholder in accordance with this law.
For the purpose of calculating the amount of the profit resulting from the transfer of shares eligible for a tax deduction, the amount of the share acquisition shall be reduced by the amount deducted from the investor's tax. The surrender shall be treated as an exchange of shares against the allocation of shares in connection with the termination of the offeree company. In the case of disposals, the amount deducted in the tax of the investor shall be counted as the capital income of the tax year during which:
(1) the shares on which the deduction is based;
(2) the taxable person otherwise ceases to own shares;
(3) the investor receives the control referred to in Article 4; or
(4) the offeree company ceases to conduct business activities within the meaning of Article 6.
If the company's assets are divided within the meaning of Article 7 (2) over the following three fiscal years, the amount deducted in the tax rate shall be counted as the investor's income in the year when the funds have been distributed.
If, according to the Finnish law or the avoidance of double taxation, the investor is resident in a State other than Finland before he has surrendered the shares or the amount deducted from the capital income, the amount has been read out to him, The amount deducted from the capital income shall be counted as the result of the fiscal year in which he was last resident in Finland. (15/03/2013)
If the investor is resident in another country within the European Economic Area, the tax administration shall grant a tax on the application of the levy for one year at a time. The payment period shall be granted up to a maximum of until such time as the deduction under paragraphs 1 or 2 is counted as an investor's income or is transferred to a resident other than that of the European Economic Area. The taxable amount and the payment scheme for the payment of the tax shall be subject to the provisions of the Tax Code (2006) And shall, however, provide and provide for the payment period to be granted without claim and interest. By way of derogation from the law on the implementation of taxes and charges (20/2007) Article 20 provides that the tax paid pursuant to paragraph 3 of this Article shall lapse after a period of five years from the beginning of the subsequent year following the expiry of the last payment period for the payment of the tax. (15/03/2013)
The target company shall provide a separate notification to the Tax Administration of the validity of the conditions for the payment of the tax relief at the time when the investment is carried out 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 conditions of the tax reduction provided for in Articles 5 to 7.
The tax administration shall determine the manner and time of notification and the content of the information necessary for monitoring purposes.
The provision, amendment and appeal of taxation under this law shall be governed by the law on the tax procedure. The tax deduction in accordance with the law must be required before the end of the tax year in which the deduction is made.
The tax administration shall inform the receiving target company of the taxation when applying for other State aid to the aid authorities in respect of the receipt of investments under this Act.
For the purposes of monitoring the tax relief under this Act, the tax administration shall keep a list of the amounts of individual investments made and the undertakings which have received investments. The list will be published on the website of the tax administration.
This Act shall enter into force at the time of the Council Regulation.
This Act entered into force on 15 May 2013 32/2013 In accordance with
The law shall apply to investments made on or after the date of entry into force of the law by 31 December 2015.
THEY 177/2012 , VaVM 37/2012, EV 170/2012This Act shall enter into force on the same day as the law on tax relief for investment in tax years 2013-2015 (993/2012) .
THEY 22/2013 , VaVM 7/2013, EV 47/2013
