National sambeskatning: Udfordringer i forbindelse med koncernskifte

Heidi Bille

Studenteropgave: Masterafhandlinger


This dissertation explores the challenges associated with ownership changes within a group in rela-tion to the Danish rules on national joint taxation. Current law on the definition of a group under the Corporation Tax Act is accounted for. Under these rules, a group exists when a parent entity exercises control over a subsidiary's financial and operational decisions. This usually applies in situations where the parent entity has direct or indi-rect ownership of more than 50% of the voting rights in the subsidiary. Even if the parent entity does not own more than 50% of the voting rights, it may still have control if, by other means, it disposes of the majority of the votes or has been given control per specified agreement. If changes to the group occur during an accounting period, an interim income statement must be prepared in order to attribute the income to the right joint taxation consolidation. The dissertation shows that the preparation of an interim income statement can be very resource-demanding. During an ownership change within the group, any tax losses in the transferred subsidiary prior to the transfer cannot be used by the other subsidiaries in the joint taxation, just as these subsidiaries' losses from income years prior to the transfer cannot be used by the transferred subsidiary. All subsidiaries in joint taxation must use the same income year as the administration enterprise, for which reason current law on changing income years is accounted for. The dissertation considers the national joint taxation provision on liability, under which the admin-istration enterprise and fully-owned subsidiaries are jointly and severally liable for the payment of income tax etc. Subsidiaries not fully-owned by the ultimate parent entity have only secondary and limited liability. If the income is corrected later, a previous joint taxation consolidation may be lia-ble to pay taxes concerning a divested enterprise. It is subsequently examined whether the admin-istration enterprise of the previous group has a right of complaint regarding the income assessment. It is concluded that the administration enterprise does not have any right of complaint based on ex-isting practices.

UddannelserMaster i Skat, (Masteruddannelse) Afsluttende afhandling
Antal sider66