Scope of application
section 1 of this Act contains rules for calculating income according to
the income tax Act (1999:1229), the rate of tax under the Act
(1990:661) on yield tax on pension funds, special
payroll tax under the Act (1991:687) if payroll tax on
pension costs, as well as value added tax according to
the VAT Act (1994:200) in cases of joint-stock company disbanded
by deregistration under section 5 or 6 of
transitional provisions to the Act (1994:802) amending the
the companies Act (1975:1385). Law (1999:1294).
section 2 of the Act on the operation of such limited liability company
referred to in paragraph 1 is taken over by a natural person, a part-owner of a simple
company, an estate, a trading company, a cooperative society
or a limited liability company (övertagaren), subject to
1. limited liability company since the beginning of 1995, more than insignificant
scope has conducted business activities referred to in paragraph 21 of the
kommunalskatte repealed Act (1928:370)
2. övertagaren has taken over the company's entire operations and
still carrying on this at the end of the tax year
then it assumed operations shall be presented for the first time,
and
3. the Corporation has drawn up a balance sheet on the occasion of the
the takeover.
As a condition of the law shall be applied further
to the person who has taken over the company's
business owned shares in the company, directly or indirectly, by
the end of 1995. Is it a question of several people, required
In addition, they must have owned equal shares at the end of
in 1995, as at the time of take-over. Differences due to inheritance,
will or Division of property due to a spouse's death
not, however, preclude the application of the law. Law (1999:1294).
Exemption from or suspension of tax
3 repealed by law (1999:1294).
4 repealed by law (1999:1294).
section 5 was repealed by law (1999:1294).
6 § Övertagaren shall arise in the company's place as regards
rights and obligations under the law on value added tax
övertagaren becomes taxable and partly at the same time as the
the company's tax liability ceases and, secondly, to the same extent
as the limited liability company. Act (2000:503).
Valuation of assets and liabilities
7 repealed by law (1999:1294).
section 8 Of the company in its balance sheet reports pension liability
or a provision under the heading provisions for pensions or in a
such as referred to in sub-item 8 (a) law (1967:531) if securing the
retirement benefits, etc., shall övertagaren take up available
pension funds as revenue in the accounting period in which the activities are
over. Revenue may instead be divided between this fiscal year and
the four following tax years as övertagaren
desire.
For the purposes of the Act (1990:661) if the rate of tax on
pension funds and the Act (1991:687) if payroll tax on
pension costs are considered to constitute a limited company and övertagaren
taxable.
§ 9 in the application of the rules in Chapter 2. section 3 and Chapter 3. section 24
the VAT Act (1994:200), the company and övertagaren
be regarded as a taxable person.
The provisions of Chapter 8. 16 (f) first sentence of the law on VAT
shall also apply in the case of transfer of goods in accordance with this Act.
Provisions, etc.
section 10 Has the company made a provision under the Act (1990:663) if
replacement funds or under the Act (1993:1538) if
tax allocation, such a fund would be taken over.
The funds shall be considered as allocated in the year in which the provision has been
of the limited liability company.
11 § Övertagaren takes over the company's right to deductions under
Act (1993:1539) on the deduction of losses of business operation
with the limits imposed by the second subparagraph.
The company has undergone a change in ownership in the five years before the
the tax year in which the takeover takes place has the right övertagaren
to deduct the old deficit first, in determining the basis of assessment for the
Sixth fiscal year after an ownership change. This applies if the
1. övertagaren is another limited liability company or a financial
Association,
2. övertagaren at the time of the takeover also conducts other
activities or
3. övertagaren is a trading company which is wholly or partly owned by
a company referred to in section 3(1) the law on deducting
deficit of trade or business.
Natural persons may not deduct losses under Chapter 62. 2
and 3 of the income tax Act (1999:1229). Law (1999:1294).
section 12 is repealed by Act (1999:1294).
13 repealed by law (1999:1294).
14 repealed by law (1999:1294).
for the purposes of section 15 of the Act (1993:1540) on the reversal of
tax equalisation reserve is considered the limited liability company and övertagaren as a
companies.
Other provisions
16 repealed by law (1999:1294).
section 17 Övertagaren responsible jointly and severally with the persons who, under the
paragraph 5 or 6 of the transitional provisions to the Act
(1994:802) amending the companies Act (1975:1385) is responsible for
the company's obligations, of such limited-liability company taxes and
charges referred to in paragraph 1 of the repealed Act (1971:1072) if
eligible tax assets accommodation Law (2003:548).
section 18 of the terms and expressions used in this Act and in
the income tax Act (1999:1229) has the same meaning and
scope of the Act. Law (1999:1294).
Transitional provisions
1996:761
This law shall enter into force on 1 July 1996 and apply to
limited company been deregistered after its entry into force. At the request of the
övertagaren or, if the takeover is made by several persons, all
assigns the law even in the case of limited company
unregistered during the period 1 January 1996-30 June 1996.
1999:1294
This law shall enter into force on 1 January 2000 and shall apply
for the first time at the 2002 assessment.
2000:503
This law shall enter into force on 1 January 2001. Older provisions
If the reversing duty still apply when the transfer
occurred prior to the entry into force.
