Aktieavancebeskatning: Konsekvensændringer som følge af Forårspakke 2.0

Abstract

In recent years taxation of shares has been a much discussed topic. This applies to both private- and company investments in shares or by letting an investmentcompany invest in the shares on your behalf. This thesis focuses on investment in shares in two periods. The first period 2006-2009 before the Forårspakke 2.0 and the second period 2010-2013 after the Forårspakke 2.0 was implemented and in effect from 1st of January 2010. Shares are securities that are not available in a psysical form. But they are an expression of which a person or company owns a part of a limited company. People that do invest in either listed or unlisted shares in the period 2006-2009 are to be taxed of the gain as ordinary income of stock. The same applies to yield. Loss on listed shares is deductible from gains of similar shares, where loss on unlisted shares has to be deducted from other income of stock. Companies that invest in shares have to distinguish between time of ownership for more or less than 3 years. A gain on shares that have been owned more than 3 years is tax free and a loss is not deductible. A gain on shares owned less than 3 years are subject to the taxable income. But loss is deductible in other gains of similar shares. When receiving a yield only 66% of it is taxed. The legal rules for how people are taxed in the period 2010-2013 are equal to the previous period. Though the shares are now categorized as shares that have not been traded on a regulated market and shares that are traded on a regulated market. A company that is to invest in portfolio shares will in regards to the new rules be taxed continually of the resultant gains and / or by the “lagerprincip”. Furthermore they will be taxed when a gain or loss are realised. Yield is to be taxed 100% in 2010-2013. From the given assumptions in this thesis it is most advantageous for a company to invest in shares in both periods, as this gives the greatest return after tax.