Introduction

This guide covers forms 07.073 EN, 07.073 K EN, 07.074 EN, 07.074 K EN, 07.075 EN and 07.075 K EN.

The guide thus covers six different forms and consequently does not follow the same pattern as the forms. If an overview of the logic behind the calculations is required, reference is therefore made to the individual forms.

In its present form, the guide only contains a description of what the content of the individual field numbers must be. The field numbers in the guide are listed in numerical order and therefore do not appear in the same order as in the forms.

Next to each field number in the guide, it is indicated for which forms the field number is relevant.

Banks, credit institutes and capital pension funds use forms 07.073 EN and 07.073 K EN.

Pension funds, insurance companies, life assurance companies and foreign pension providers offering approved pension schemes in Denmark use forms 07.074 EN and 07.074 K EN or forms 07.075 EN and 07.075 K EN, depending on whether the pension schemes at custody account level are taxed under section 4 or section 4a of PAL.

Tax liability, statutory basis and legal guide

The determination under sections 23 and 23a of PAL must comprise the asset returns etc. which can be attributed to the period from 1 January up to and including the date of termination, see section 11 of PAL.

Further information about the rules in PAL is available in section CG of the Danish Tax Agency's (Skattestyrelsen) legal guide Den juridiske vejledning. You can see the guide at www.skat.dk/juridiskvejledning. Please note that the guide is only available in Danish.

References to acts on online forms, paper forms and in this guide concern:

    • Danish Pension Investment Return Tax Act (Pensionsafkastbeskatningsloven (PAL)), see Consolidation Act no. 1126 of 10 October 2014, as amended.
    • Danish Pension Tax Act (Pensionsbeskatningsloven (PBL)), see Consolidation Act no. 586 of 24 May 2013, as amended.
    • Danish Executive Order no. 1138 of 22 October 2014 on Certain Rules in the Danish Pension Investment Return Tax Act (Bekendtgørelse om visse regler i pensionsafkastbeskatningsloven).

E-tax for businesses

In E-tax for businesses (the Danish Tax Agency's self-service facility for businesses - TastSelv Erhverv), the online form can be found in the bar at the top of the screen under 'Øvrige indberetninger' (Other declarations). Click 'Pension' on far the left of the screen, select 'Pensionsafkast (PAL)' (Pension investment returns (PAL)) and then select either 'Indberet/Report' (Declare/Report) or 'Korrektion' (Correction), depending on whether the declaration concerns an ordinary declaration or a correction declaration. Regarding declaration of corrections under sections 23 and 23a of PAL, reference is made to the 'Correction declarations' section below for the time being.

When the declaration/correction is completed and accepted in E-tax (TastSelv), an OCR line will automatically be created on the receipt. The OCR line must be used for payment if the declaration/correction results in outstanding PAL tax.

If the declaration/correction results in disbursable PAL tax, no further action is needed once the declaration/correction has been accepted. The Danish Tax Agency will disburse the overpaid PAL tax including interest.

Please note that the determination under sections 23 and 23a of PAL constitutes the sum of the tax base, tax etc. of the savings methods mentioned. The individual pension savings account must be determined correspondingly.

The sum amounts may only be rounded off to whole Danish kroner (DKK) when the online form is being completed, and no prefixes may be entered in amount fields where prefixes are already printed.

If, in very exceptional cases, a manual declaration of the PAL tax base is submitted, this must be sent to BetRegn_SAP38Hta@sktst.dk or to:

Skattestyrelsen
Nykøbingvej 76
Bygning 45
4990 Sakskøbing
Denmark

Payment details

The calculated tax must be transferred via OCR line to account no.: 0216 4069202543. For foreign schemes, the tax must be transferred via IBAN: DK7302164069202543 and BIC/SWIFT code: DABADKKK.

Declarations on form 07.073 EN must be received by the Danish Tax Agency no later than on 22 January of the year following the income year, see, however, section 26 of PAL.

Declarations on form 07.074 EN or 07.075 EN must be received by the Danish Tax Agency no later than on 31 May of the year following the income year, see, however, section 26 of PAL.

As concerns all three forms, tax is settled on an ongoing basis across the income year, as settlement must take place within three weekdays or within one month, respectively, of the termination of the scheme/tax liability, depending on the situation. For further information on this, reference is made to section 23(1) and section 23a(1) of PAL.

Any remaining tax, including the interest charged thereon, see section 23(3) of PAL, must be paid no later than on 22 January of the year following the income year if form 07.073 EN is used and no later than on 31 May of the year following the income year if forms nos. 07.074 EN and 07.075 EN are used, see, however, section 26 of PAL.

How to correct previous declarations

To correct a previous declaration of pension investment returns, please log on to E-tax for businesses (TastSelv Erhverv). Click the menu item ’Pensionsafkast (PAL)’ (Pension investment return (PAL)) and then ’Korrektion’ (Correction)

E-tax for businesses is open for corrections in the following periods: 1 January until and including 1 February, 1 April until and including 1 May, 1 July until and including 1 August, and 1 October until and including 1 November.

Once the correction has been accepted in E-tax for businesses, a payment line is automatically generated on the receipt to be used for payment if the correction results in  PAL tax payable. You must add interest until and including the day before the day of payment.

If the correction results in a PAL tax refund, you should do nothing further after the correction has been accepted. The Danish Tax Agency (Skattestyrelsen) will refund the overpaid PAL tax including interest.

If, exceptionally, you need to make your declaration on paper form  07.073 K, 07.074 K or 07.075 K, the form should be received by the Danish Tax Agency by no later than the dates stated above. This may only be disregarded due to extraordinary circumstances. If you believe to be in such extraordinary circumstances, please contact the Danish Tax Agency.

Please complete and submit the relevant form to BetRegn_SAP38Hta@sktst.dk or

Skattestyrelsen
Nykøbingvej 76
Bygning 45
4990 Sakskøbing
Denmark

Please find the rules on corrections in section 9 of the Danish Executive Order no. 1138 of 22 October 2014 on Certain Rules in the Danish Pension Investment Return tax Act (Pensionsafkastbeskatningsloven).

Auditor's statement

The institute's auditor must submit a signed statement indicating that the final determination under sections 23 and 23a of PAL has been audited in accordance with the rules in part 10 of Danish Executive Order no. 1138 of 22 October 2014. The statement must be prepared in accordance with Danish Executive Order no. 385 of 17 April 2013 of the Danish Business Authority (Danish Executive Order on Statements Made by State-Authorised and Registered Public Accountants (Erklæringsbekendtgørelsen)). Reservations and/or supplementary information must appear from the auditor's statement. Any periodical statements may be endorsed by the internal auditor, if any. The auditor's statement must be submitted to the Danish Tax Agency no later than on 1 May (07.073) or on 1 July (07.074 and 07.075), respectively, of the year following the income year, see section 28 of the Executive Order.

Please call the Danish Tax Agency on (+45) 72 22 18 18 for questions concerning the determination of the tax base, including the calculation of the final tax on returns from pension scheme assets.