Determination of the bases of taxation

(1) The bases of taxation under sections 29 to 49, the negative income not set off under section 41, and the positive income not used for distribution, are to be determined separately and uniformly as against the special investment fund and the investor.
(2) A declaration for the separate and uniform determination of the bases of taxation must be submitted to the competent tax authority within eight months after the end of a special investment fund's financial year, on the officially prescribed form. For the declaration under the first sentence, the surcharge for late filing under section 152 of the Fiscal Code is, for each month or part-month of the delay, 0.0625 per cent of the distributed and deemed-distributed income; this applies irrespective of any tax exemption at investor level.
(3) The declaration for separate and uniform determination must be submitted by: 1. for a domestic special investment fund, the special investment fund, or 2. for a foreign special investment fund, the special investment fund or the domestic investor.
(4) The following documents must be attached to the declaration for separate and uniform determination: 1. the annual report or annual financial statements and the management report, in each case for the past financial year, 2. in the case of a distribution, a binding resolution of the management company on the use of the income, 3. the sales prospectus, where a sales prospectus was prepared, 4. the unit register, 5. the reconciliation statement showing how the bases of taxation were determined from the commercial-law or investment-law accounts, 6. the summary and balance lists showing the composition of the special investment fund's income and income-related expenses, and 7. the documents on the allocation of the income to the individual investors.
(5) The declaration for separate and uniform determination is equivalent to a separate and uniform determination subject to review under section 164 of the Fiscal Code. An amended determination declaration is deemed an application for amendment. All administrative acts and communications connected with the separate and uniform determination under this Act and the Fiscal Code are to be notified to the legal representative of the special investment fund as representative of the persons concerned by the determination; the notification must state that it is made with effect for and against all persons concerned by the determination. Where a special investment unit is no longer attributable to an investor, or serious disagreements exist between the investor and the legal representative of the special investment fund, an individual notification is required only insofar as the investor has objected, to the tax authority, before the issue of the administrative acts or communications, to notification being made to the legal representative of the special investment fund. An objection under the fourth sentence becomes effective as against the tax authority only once it is received by it. Where an individual notification is required under the fourth sentence, section 183(3) of the Fiscal Code applies accordingly. The legal representative of the special investment fund is entitled to lodge remedies against administrative acts connected with the separate and uniform determination under this Act and the Fiscal Code; section 352(1), nos. 4 and 5 of the Fiscal Code and section 48(1), nos. 4 and 5 of the Fiscal Court Code apply accordingly. In the cases of the fourth sentence, section 352(1) no. 3 of the Fiscal Code and section 48(1) no. 3 of the Fiscal Court Code apply accordingly.