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Qualified shares (3:12 rules)

Qualified shares (3:12 rules)

Qualified shares are shares in close companies covered by the so-called 3:12 rules.

What are qualified shares?

Qualified shares are shares in a close company where the owner is active in the business. They are covered by the so-called 3:12 rules, which govern how dividends and capital gains are taxed.

 

Why it matters

The rules determine how much is taxed as capital versus employment income. Getting it right requires a clear view of ownership and holding periods — something a correct share ledger and share ledger extract make easier. This is not tax advice; always check with an adviser.

Learn more about the digital share ledger
Henrik Kristensen, NVR
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Related terms

Close company

A close company is a company in which four or fewer owners together hold more than half of the votes.

Outside-owner rule (3:12)

The outside-owner rule means close-company shares may be non-qualified if outsiders own a significant part.

Dividend

A dividend is when a limited company distributes part of its profit to its shareholders.

Share ledger

A share ledger is a record of a company's shares and who its shareholders are.