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Generic Tax Name Taxation in relation to bankruptcy
Tax name in the national language Konkursskatteloven
Tax name in English Taxation in relation to bankruptcy
Member State DK-Denmark
Tax in force since 1991/06/06
If abolished, date on which the tax ceases to apply
Business version date 2015/01/01
Version date 2015/02/17
This file was last updated on

Type of tax
Direct taxes Personal income tax
Corporate income tax
Other

Indirect taxes VAT
Excise duty (EU harmonised)
Alcoholic beverages
Energy products and electricity
Manufactured tobacco
Other

Social security contribution Employers
Employees
Other
 
Legal base

Statutory Notice 1242 of 27th October 2010 (konkursskatteloven).

 
Who sets
The tax rate is set by




The tax base is set by




The reliefs are set by




Comments
 
Beneficiary





Comments

 
Geographical Scope

 
Taxpayers

Certain insolvent estates of deceased persons and bankrupt estates with an income over DKK 100,000 after the deduction of the loss from previous years. The decision of tax liability lies with the tax authorities.

 
Tax object and basis of assessment

Companies:

The debtor's income from the beginning of the year of the issue of the bankruptcy notice till the date of the issue. The income of the estate till the end of the administration in bankruptcy.

Persons:

The debtor's income from the estate from the time of the issue of the bankruptcy notice till the end of the administration in bankruptcy. The debtor's income from the beginning of the year of the bankruptcy notice till the date of the issue of the notice. However, the debtor's wages or income from the running or the participation in the spouse's business are not included in the income of the estate.

 
Deductions, Allowances, Credits, Exemptions

Losses

Companies:

Deficits dating from a period before the end of the administration cannot be deducted after that period. From the beginning of the year of the issue of the bankruptcy notice till the end of the administration, deficits relating to the basis of assessment of the estate may be deducted in the basis of assessment of the income of the estate.

Deficits from previous years may be deducted from the basis of assessment of the estate if they were deductible according to the Personal Tax Act in the year of the issue of the bankruptcy notice. 

Persons:

In the year of the issue of the bankruptcy notice and later years deficits from previous years cannot be deducted in the debtor's income or that of his spouse.

The debtor's deficits from previous years may be deducted from the basis of assessment of the estate if they were deductible according to the Personal Tax Act in the year of the issue of the bankruptcy notice.

From the beginning of the year of the issue of the bankruptcy notice till the end of the administration, deficits from one year relating to the basis of assessment of the estate may be deducted in the basis of assessment of other years.

Deficits in the basis of assessment of the estate cannot be deducted in the debtor's or his spouse's income in the year of the administration or later years.

 

Deductions

A general deduction of DKK 100,000 in the basis of assessment.

 
Rate(s) Structure

25% for companies and 45% for physical persons and insolvent estates.

 
Tax due date

 
Tax collector

 
Special features

 
Economic function







Comments
 
Environmental taxes



Comments
 
Tax revenue
ESA95 code d51m (d51a)

Comments

Revenue appears under the Personal income tax - State, county and municipal income tax