New article on Danish CFC rules

Peter Koerver Schmidt has written an article on whether the Danish CFC rules are in conflict with the freedom of establishment despite the Danish reaction to C-196/04 Cadbury Schweppes.

The author concludes that the Danish CFC rules may still constitute a restriction on the freedom of establishment. Furthermore, he concludes that the reaction to Cadbury Schweppes and the recent ECJ case law has led to uncertainty on whether the Danish CFC rules can be justified.

Read the article here.

The first ranking of the firm was published in International Tax Reviews’ World Tax Guide 2013.

Here is what peers and clients said:


Joining the Danish market in January 2012, Corit Advisory is a boutique tax firm spearheaded by Jakob Bundgaard, who brings with him 13 years’ experience of the Danish tax market with Deloitte. They are a team with a high level of technical expertise, boasting four PhDs in tax law among their seven tax professionals, who were described as “extremely skilled advisers” by a client. Bundgaard is also an honorary professor of tax law at Aarhus University and was described as an “outstanding tax technician” by a Danish peer. The practice therefore prioritises technical competencies and specialises in complex, international tax matters.

New article on interest cap and permanent establishments

The article is a follow-up on a previous article by Michael Tell. It deals with whether the Danish Corporate Tax law § 11 B is in compliance with the free establishment rule, art. 49 TEUF, in the light of C-350/11, Argenta.

It is concluded that assets allocated to permanent establishments in other EU/EEA countries may also be included when calculating the asset base after SEL § 11 B.

Read the article here.

New article on exit taxation by Michael Tell

The article provides an analysis of company exit tax regimes with a particular focus on the recent ECJ decision in Commission v. Denmark (C-261/11).

The article outlines the acceptable scope of exit tax regimes for companies, analyses unresolved issues, including the length of deferral, guarantees for deferred exit taxes and interest charges levied on deferred exit taxes. Finally, the EU compatibility of the proposed Danish exit tax regime is analysed.

Read the article here.

CORIT Birthday

This Friday Corit Advisory hosted a 2 year birthday reception. We would like to thank all participants for a wonderful afternoon among great people. We missed those of you unable to make it.


The Corit team