Digitalisering i ejendomsbranchen: Juridisk og økonomisk analyse af digital administration gennem outsourcing og dens konsekvenser for staten

Abstract

This thesis examines how developments in digitalization and AI a6ect value creation and tax positioning in the real estate industry, with a focus on the relocation of administration abroad. This dissertation is based on a hypothetical case where a Danish company outsources its administration to a foreign subsidiary located in Estonia. This administration is handled digitally using AI and IoT. The legal and economic analysis is used to assess whether this structure is financially lucrative without incurring Danish tax liability. The structure of the thesis is divided into three analyses: An economic analysis, a legal analysis and an integrated analysis. The economic analysis shows on a micro level that relocating the administration to Estonia can result in a cost saving of 75% and increase the company's profit by 50%. On a macro level, it is seen that with this structure, the state has the opportunity to lose 4.31 billion kr. if the structure of the industry is fully utilized.In relation to the legal analysis, it is seen that the right to tax rental income from properties in Denmark belongs to Denmark, but that the digital administration makes it possible to move administration to Estonia, and thereby move parts of the company to Estonia, if the rules for permanent establishment, the arm's length principle and substance are observed. The thesis argues that with the help of AI and established servers in Estonia, there can be a permanent establishment in Estonia for the administration, and this structure can be legal and useful with the right documentation. In the integrated analysis, it is assessed that the technological development challenges the Danish legislation, which should provide incentives for the state to react politically and legally. The thesis provides suggestions for the Danish state to change the legislation by either trying to become attractive as a state on market terms with more lucrative tax rules or to change current legislation to protect the Danish tax base in the new digital world. This structure can be seen to hold both opportunities and threats overall, depending on your point of view and the political reaction.