Laws on assessment and collection of hydrocarbon tax, see Statutory Notice No 862 of 9. June 2014 (Kulbrinteskatteloven).
The tax rate is set by
The tax base is set by
The reliefs are set by
Comments
Comments
Individuals, estates, corporations, etc., which derive income from the extraction of hydrocarbons in Denmark.
Individuals, estates, corporations, etc., which do business or earn wages or the like in connection with the extraction of hydrocarbons in Denmark, and which are not liable to tax in Denmark under the ordinary income tax rules.
Companies that have income deriving from the extraction of hydrocarbons pay corporate income tax to the State, and hydrocarbon tax as a supplement to that tax. Persons calculate tax of such income in the same way as corporations. The corporate income tax is assessed under the general rules of tax legislation.
However, the following special rules apply:
Hydrocarbon income (defined by a ‘ring fence') is calculated separately
Losses may be deducted wholly or partly from other income, but losses from other income sources may not be deducted from hydrocarbon income
The law allows the Minister of Transport and Energy to fix "norm prices" for the purpose of determining taxable income
Exploration expenses can always be deducted in the year incurred.
Recognition of income realized in connection with a farm-out agreement can be postponed up to 3 years.
The hydrocarbon tax is an additional profits tax. The basis of assessment for the hydrocarbon tax is calculated separately. The rules applied are basically the same as those used in calculating the corporate income tax due on hydrocarbon income. There are exceptions made, however:
Rules for licenses issued after 1 January 2004 (including the Sole Concession) and Licenses issued prior to 1 January 2004 were harmonized from 2014 (with certain transition rules for licenses that went from old to new rules):
Hydrocarbon income is the sum of income from all fields (no specific field income is calculated)
The "hydrocarbon tax allowance" is 5 pct. over 6 years
Corporate income tax of hydrocarbon income is deductible
The hydrocarbon tax is 52 pct.
The tax value of remaining losses will be paid to the company when activity with extraction of hydrocarbons is finally ceased to the extent the tax value does not exceed the hydrocarbon tax paid by the company in earlier years.
The law also affects the taxation of individuals who are not affected by the ordinary tax laws:
Individuals who are not fully or limited liable to Danish income taxation and who derives income from commercial business connected with hydrocarbon activity on Danish soil - except income from the extraction of hydrocarbon income - pays income tax with 25 pct. (equivalent to the corporate tax rate and the supplement tax on hydrocarbon income).
Individuals who are not fully liable to Danish income taxation, and who are employed by a foreign employer, pays a final withholding tax on 30 pct. of wages or salaries in connection with hydrocarbon extraction without any deductions. The individual may choose taxation according to the ordinary income tax rules (as limited liable to Danish income taxation).
See "Basis of assessment".
See "Basis of assessment".
VAT
Super reduced rate
The tax is due to payment in installments 1 October of the income year and 1 June of the following income year. The last day for payment is the 20th of the month in which the payment is due. The first installment is calculated as half the expected tax payment for the ongoing income year. The second installment is calculated as the difference between the final tax payment and the first installment.