Peter Koerver Schmidt has published an article on “The definition of tainted income under the Danish CFC-regime and the possibility of obtaining exemption – an analysis of two new administrative decisions”.

The article analyses two new administrative decisions concerning the Danish CFC rules applicable to companies. The first decision – issued by the Danish Tax Assessment Council – deals with the definition of tainted income under the CFC rules with respect to income originating from intellectual property rights. The second decision – issued by the Danish Tax Tribunal – concerns the conditions to be fulfilled in order to obtain exemption from the Danish CFC-rules. In this regard the article discusses the relatively controversial condition stating that the main part of the subsidiary’s income shall originate from business with clients in the country where the subsidiary is resident.

Read the article here.