Andre investeringsselskaber - Aktieavancebeskatningsloven § 19

Abstract

The subject of this thesis is investment companies covered by a specific statutory provision in the share capital gains tax act, the share capital gain tax act § 19, subsection 1, no. 2. These are investment companies with repurchase obligations and collective investment companies.
A characteristic of these investment companies is that the purpose and actual operation of the investment company is investment in securities etc. The investment company is tax-exempt and the investor's taxation is based on the stock principle.
The thesis will shed light on the legal basis and applicable practice regarding the qualification of investment companies according to ABL § 19, subsection 1 no. 2 as well as elucidate the rules related to the tax treatment of the investment company and investor as a basis for analysis of whether it is an ad-vantage or a disadvantage for the investor to be covered by the rules.
It is concluded that the legal basis does not seem to be clear and distinct for the taxpayer. If the conditions in the statutory provision are not met, this brings the investment company outside of ABL § 19.
There is no significant difference in the taxation of the investor when investing in ordinary shares and correspondingly when investing in shares in an investment company. It can therefore be concluded that it is the investment strategy rather than taxation that is the competitive parameter.
It is also possible for a trader to invest in investment companies covered by ABL § 19 with surplus liquidity in the company scheme