This form should be used to register a share-based investment company according to section 19 B(2) of the Danish Capital Gains Tax Act (Aktieavancebeskatningsloven).
You will need this:
Name, address and residence for tax purposes (if it is a foreign company, add home country too).
CVR number, SE number or corresponding foreign identification.
ISIN code and any LEI code of the company etc.
The most recently presented accounts.
Articles of Association or similar documents.
Whether the shares etc. issued by the investment company are divided into share classes.
If so, the name and ISIN code of each share class must be stated.
If the company is not Danish, it must be stated which type of legal entity the company is regarded as in its home country.
Contact information for the notifier, including name, email and telephone number, including country code.
Click on the link to go to online registration, documentation and deregistration.
Complete the form regarding “First-time registration as a share-based investment company Registration under section 19B(4) of the Danish Capital Gains Tax Act (Aktieavancebeskatningsloven)” to register the share-based company.
Complete the form regarding “Submission of documentation for assessment of whether the investment limit is complied with” to submit annual statutory documentation to be share based.
Complete the form regarding “Deregistration as share-based investment company” to deregister the investment company as share based.
Notification that an investment company is a share-based investment company must be submitted by the investment company or the company’s management company to the Danish Customs and Tax Administration (Skatteforvaltningen) no later than November 1 in the calendar year prior to the calendar year from which the notification is to take effect.
Note: Please save the form on your computer before completing it. Otherwise the data you enter may not be saved.
Notification must be submitted for an investment company which, according to Danish tax practice, is regarded as an independent taxpayer via link to online registration. In those cases in which an investment company is divided into branches etc. which are each an independent taxpayer, a notification must be submitted for each individual branch.
For an investment company which has been divided into share classes,, the assessment is made overall for the whole investment company and the branch, respectively.
If new share classes are subsequently created, a notification must also be submitted about this, and information about the name and ISIN code of the share class must be provided. If a share class is discontinued, this must be disclosed. Both notifications must be submitted to the Customs and Tax Administration no later than two weeks after the change.
The company will be entered in the list of share-based investment companies unless the conditions have not been met or a notification is submitted that the company is no longer to be regarded as a share-based investment company.
Before the end of each calendar year, the Customs and Tax Administration publishes a list of the investment companies which have submitted the information.
The investment company must submit information to the Customs and Tax Administration no later than on 1 July for use in the assessment of whether the company has met the conditions for being share-based (the investment limit) in the preceding calendar year.
The investment limit has been met if 50% or more of the investment company’s total assets are invested in securities etc. covered by the Danish Capital Gains Tax Act (Aktieavancebeskatningsloven), except for shares etc. covered by section 19 C of the Capital Gains Tax Act and investment certificates covered by section 22 of the Capital Gains Tax Act in the previous calendar year.
The assessment of whether the investment company meets the conditions must be made based on an average calculated over the calendar year. For example, this assessment can be based on a measurement per calendar day, once a month or once a quarter.
The calculation must be based on minimum four measuring points, which must be evenly distributed over the year.
The company etc. must not change the method of calculation without the Customs and Tax Administration’s permission.
The information which must be submitted to document that 50% or more of the investment company’s total assets are invested in securities etc. must comprise the following:
Most recent financial statements.
Breakdown of the total assets showing that the condition (the investment limit) has been met.
Account of how the breakdown of the total assets has been made.
If the investment company owns minimum 25% of the capital of another share-based investment company or of a share-based investment undertaking with minimum taxation, the investment company must also submit information for these undertakings.
The investment company must inform the Customs and Tax Administration within 14 days when it is clear to the investment company that it no longer meets the investment limit.
If the company’s income year differs from the calendar year, the notification must be submitted no later than on 1 November before the calendar year which the income year replaces.
The information must be submitted no later than on 1 July following the calendar year which the income year replaces.
