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.
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.
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
A bill on exit taxation has been proposed (L91). The bill introduces the establishment of a deferral scheme.
In this connection CORIT Advisory has asked the Tax Minister to answer several questions. Read our comments and questions here.
Michael Tell has written an article about Danish interest limitation rules. The article analyses the complex Danish interest limitation rules in the Corporate Tax Act (SEL §§ 11, 11B and 11C), hereunder the compatibility with EU law.
Furthermore, the paper discusses alternative methods to evaluate the Danish interest limitation rules.
Read his article here.
Jakob Bundgaard has written a chronicle in Borsen where he discusses the needs for a new corporate tax strategy for the Danish economy.
Read the chronicle here.
Michael Tell has recently published a new article on “Exit Taxation After Commission v Denmark C-261/11”.
The article discusses a legislative proposal from the Minister of Tax that has to ensure the Danish rules being in compliance with EU law. The author is though skeptical about the proposal which includes a deferral of payment limited to a maximum of 7 years.
Read his article here.
Jakob Bundgaard has published part II of his articles about Hybrid Financial Instruments and Primary EU Law.
Read the article here.
Karsten Gianelli has written two articles concerning taxation of share exchange agreements.
The first article is about the fundamentals of share exchange agreements in Danish tax law, and the needs for a legislative amendment.
Read the first article here.
The second article discusses share exchange agreements in the light of the Danish Tax Board’s policy change in SKM2013.763.SR.
Read the second article here.
Jakob Bundgaard and Steffen Bonde Jensen have published a new article on the classification of foreign entities. The article tries to summarize the most important criteria that are used when the Danish tax authorities classify foreign entities based on tax decisions during the last five years.
You can read the whole article here.