As of 1 January 2021 a new employee share scheme applies. This new employee scheme entails that certain new and small companies can award employees with shares, options and warrants up to 50% of the employee’s annual salary while the employee will be subject to taxation as share income (up to 42% taxation) instead of personal income (up to approx. 55% taxation).
It is required that the employee:
1. Do not own more than 25% of the company or have more than 50% of the voting rights in the company (EU requirement)
It is required that that company:
2. Has been active for less than five years (new company)
3. Is an active operating company (i.e. not predominantly consists of passive investments)
4. Did not have more than 50 employees in one of the last two annual accounts (small company)
5. The turnover and balance sheet did not exceed 15 mDKK. in one of the last two annual accounts (small company)
6. Is non-listed (EU requirement)
7. Is not considered to be in difficulty as defined in the Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty, for example more than half of its subscribed share capital has disappeared as a result of accumulated losses (EU requirement)
8. The company has not received illegal state aid that has not been repaid (EU requirement)
9. The company using the scheme is considered to receive state aid and must therefore report if the state aid exceeds 500.000 EUR (EU requirement)
The purpose of the new employee shares scheme is to improve the opportunities for new and small companies (start-ups) to use shares as part of their incentive programs and it basically an add-on to the existing Employee Share Scheme in LL § 7 P.
We are pleased to present this year’s issue of the CORIT Point of View.
Læs mere og find jobopslaget her.
CORIT Academic Advisor Peter Koerver Schmidt has contributed to a new book titled “Controlled Foreign Corporation Legislation”, which has recently been published by the IBFD. The book comprises 41 national reports from countries across the globe and is the outcome of a conference on controlled foreign company legislation hosted by the Institute for Austrian and International Tax Law (WU). The book also comprises a general report highlighting the most important findings of the conference.
The book can be found here: https://www.ibfd.org/IBFD-Products/Controlled-Foreign-Company-Legislation
In the 2021 edition of World Tax by International Tax Review, CORIT is once again ranked as a Tier 1 firm. CORIT is ranked Tier 1 as the only boutique firm and above all (but one) of the big full service law firms. Being a newcomer in the market and a tax only firm for us this is an important confirmation of our commitment to technical capabilities and quality.
We are thankful and honored to be recognized once again as one of the elite tax firms in Denmark.
Moreover, we have managed to be included in the ranking as a leading firm within Transfer pricing and tax controversy as well, which reflects the increase in mandates within the area.
We would like to express our gratitude to our clients and business partners. We promise to keep up the efforts and strive to improve in order to live up to the trust shown to us.The full 2021 ranking can be seen here and the World Transfer Pricing can be found here.
CORIT-member Louise has published an article where she explores one of the most debated technologies of recent times – blockchain technology – from an international tax perspective. She analyzes how capital raised through initial coin offerings and the investors’ return on their invested capital should be classified according to the OECD Model (2017). More specifically, emphasis is placed on classification of capital raised through the issuing of utility tokens, debt tokens, and equity tokens as well as the classification of return on investments in such tokens.
Read the article here.
CORIT Academic Advisor Peter Koerver Schmidt has had the honor of drafting one of the Danish Branch Reports published in this year’s issue of Cahiers de droit fiscal international (vol. 105). The report concerns the reconstruction of Denmark’s treaty network due to the adoption of the OECD’s multilateral instrument (MLI). The report can be found here: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3670586
As of today we can proudly announce the addition of a new partner to the CORIT team. We have managed to attract Professor dr.jur. Niels Winther-Sørensen to the team.
Niels has been a leading figure in the Danish tax scene for some 30 years, and has an impressive production in terms of publications, presentations and handling of complicated tax cases. His interests have been centered around international tax law, where he among other things authored the leading treatise on allocation of profits to permanent establishments as well a leading contribution to EU tax law. Moreover, Niels brings with him extensive experience as a big 4 international tax partner, as a law professor and as the chairman of several committees etc.
It is our clear ambition through this addition to the team to strengthen our position as a Danish tax powerhouse even further. Niels’ competences fits perfectly with the existing capabilities within CORIT, and we are looking forward to offer his services to new as well as existing clients.
I have some exciting news to share.
As of today, I have been appointed Chairman of the Danish Tax Scientific Association (Dansk Skattevidenskabelig Forening), which is also the Danish Branch of the International Fiscal Association (IFA). Prior to this, I have served on the Board for 6 years and attended the meetings for some 23 years now.
The Association is pivotal for the tax community and serve as a forum for debate and knowledge creation and sharing. As such, no other institution has linked public and private, academics and practitioners together for more than 5 decades. I sincerely hope that we can ensure this remarkable position in the future and will definitely work hard for this.
I follow in some very big footsteps, since the departing chair is no less than the doyen of Danish tax lawyers Hans Severin Hansen and before him my old mentor and first boss Søren Rasmussen. I sincerely express my gratitude to Hans for the trust shown over the years and for rendering the leadership of this old and very well-respected association in the hands of me and my fellow Board members. The association is handed over in good shape, with some remarkable achievements under the leadership of Hans. Most notably, the global IFA conference was held in Copenhagen in 2013, which required an immense load of work for a small association such as ours.
I really look forward to continue working with the association in my new capacity. My main goal is to ensure a continued broad interest on tax matters and to facilitate debate among the peers in the tax profession.
I welcome any ideas, suggestions and proposals to improve our dear association and to maintain relevance and to inspire also the coming generations. You can contact me on email@example.com or via telephone: +45 40422284.
On 16 June 2020 Jakob Bundgaard gave a presentation on the experiences of the ATA-Directive GAAR after the first 18 months in place for the Danish Association for EU Tax Law.
See the presentation here