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Major Danish Tax Reform Effective Jan. 1, 2010
Bech-Bruun, Denmark, posted at
http://www.taxand.com June 12, 2009
On 28 and 29 May 2009, the Danish Parliament passed the Danish 2009 tax
reform (the "Tax Reform") which includes a number of important
amendments to the current Danish tax system applicable to both individuals
and companies. Generally, the Tax Reform will enter into force on 1 January
2010.
In the attached newsletter Bech-Bruun provides an overview of the most
important aspects of the Tax Reform with the highlights being as follows.
Taxation of corporations
The Tax Reform introduces a distinction in the taxation on gains and losses
between companies that hold 10% or more of the shares in a company (a
subsidiary), and companies that hold less than 10% of the shares in a
company (a portfolio investment).
For companies that hold a subsidiary, the Tax Reforms imply:
·
tax exemptions on all dividends and capital gains. The tax exemption is no
longer limited by ownership period or percentage, which is an improvement
compared to today, where exemption for dividends require 10% or more + one
year holding and capital gains are exempted only after three years of
ownership. This is good news for domestic groups, international investors
and multinationals. Special anti-avoidance measures are introduced in order
to prevent structures being established with the sole purpose of meeting the
10 % threshold
·
taxation according to the mark-to-market principle at full corporate income
tax rate of 25% on capital gains on convertible bonds.
For companies that hold a portfolio investment, the Tax reforms imply:
·
full corporate income tax rate of 25% on all dividends and capital gains
(irrespective of ownership period and percentage)
·
taxation according to the mark-to-market principle.
Danish companies that own subsidiaries will benefit from the abolishment of
the present conditions relating to ownership period and ownership percentage
regarding taxation on dividends and capital gains. Not only will companies
that meet the ownership thresholds be tax exempt from capital gains and
dividends, but furthermore, the restructuring possibilities will be improved
significantly.
On the other hand, there is a downside to the Tax reform as Danish
companies that hold a portfolio investment will face higher and more
rigorous taxation. For those companies the draft bills are a definite step
backward, practically as well as economically. This part of the reform will
also affect many individuals with private holding companies and virtually
all private equity fund structures. Participants covered by this description
should consider whether amendments should be made to existing investment
structures.
Other elements include:
·
Carried interest will treated as ordinary business income subject to
corporate tax (25%) (today capital gain exempt if holding exceeds three
years)
·
The deduction for expenses in connection with the establishment of new
businesses including expenses to auditor and lawyer will be abolished as of
2010.
·
The payroll duty for pension funds etc. will be increased from 9,13 % to
10,5 % in 2013.
·
Companies cannot obtain cost refund in tax cases as of 2010. The costs can
instead be deducted in the taxable income.
·
The energy duties will be increased.
·
The VAT exemption for real property, property administration and travel
agencies will be abolished.
·
A number of "green duties" will be introduced/increased in the
transportation sector.
Taxation of individuals
Taxes on individuals in Denmark are amongst the highest within the OECD.
Employment income is taxed at 63% when the income exceeds approximately EUR
40,000. Capital income - such as interest income - is taxed up to 59% and
share income (dividends and capital gains) is taxed at 45% when the income
exceeds approximately EUR 15,000.
The Tax Reform will introduce a number of changes to the current regime, of
which the most important can be summarized as follows:
·
Danish marginal tax rates on individuals are reduced from 63% to 56%
·
The lower limit for the top tax bracket is increased
·
The tax value of a number of deductions / allowances, including interest
expenses, will be reduced from now 33% to 25% phased in over the period 2012
- 2019.
·
The tax rates on share income will be reduced respectively from 28% to 27%
as of 2012 and from 45/43% to 42% as of 1 January 2010.
·
A ceiling of DKK 100.000 for deduction to certain pension schemes will be
introduced and a new equalization tax will be introduced on certain payments
from pension schemes as of 1 January 2010.
·
The present tax exemption for employee bonds and some of the exemptions for
employee shares will be cancelled and the value of such bonds/shares will be
taxed as salary income as of 1 January 2010.
·
The taxation of free telephone & internet etc. will increase as of 1 January
2010.
·
A ceiling of DKK 50.000 in yearly deduction for travel expenses will be
introduced as of 1 January 2010.
·
In the period July 1 - 31 December 2009, it will be possible to cash in a
special pension scheme to a favourable taxation.
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