Skatteincitamenter til forskning og udvikling

Abstract

Over the past two decades there has been an increased focus on private investments in research and development (R&D). R&D activities are known for its positive spillover effects, on other companies and other social benefits. In the EU, member states have been encouraged to introduce R&D tax incentives in the national tax legislation, to encourage more private investments in R&D. The focus of this paper is to identify and analyse the Danish R&D tax legislation, hereunder the R&D tax incentives implemented in the Danish tax law. There are two different types of R&D incentives in the Danish legislation - a tax credit scheme and an increased deduction of R&D expenses in the corporate income tax. The R&D tax incentives are analysed on the basis of the wording in the legislation and legislative procedures, as well as case law and administrative decisions made by the Danish Tax Authorities and appeals boards. The findings are, that corporate income achieved from the R&D activities are necessary for the application of the tax incentives, and that failed R&D projects cannot be meet by the R&D tax benefits. In addition, the purpose of this paper is also to discuss the Danish R&D tax incentives, compared to national and international tax issues, such as compression of the “good tax system”, harmful tax competition etc., as well as comparing of the Danish R&D tax schemes to foreign tax incentives, such as patent box systems. The paper finds that after implementing R&D tax incentives in the Danish legislation, the tax system deviates from the neutral tax system, but this can be defended for the sake of the positive R&D spillovers. The Paper also finds that the Danish R&D tax incentives probably doesn’t contribute significantly to the harmful tax competition.