Generationsskifte af virksomheder i bo- og gaveafgiftsmæssig henseende

Ninna Grønlund Pedersen

Studenteropgave: Masterafhandlinger


In connection with bill L183 the estate- and gift-tax was reduced when transferring businesses to a close family member. The estate- and gift-tax was reduced from 15% to 5% in the period from 2016 to 2020. The bill introduced a separation of inheritance/gift on transfers of actual businesses (5% estate- and gift-tax) and transfers of wealth (15% estate- and gift-tax). The reduced estate- and gift-tax applies to transfers of private businesses and companies. To ensure that it is actual businesses being transferred a series of requirements needs to be met by the people transferring as well as the ones acquiring the business and the business itself. The transferor needs to meet the requirements of 1 year of ownership and 1 year of active participation in the business. The acquirer needs to own the business for at least a 3-year period. Private businesses must meet the requirements for succession, but it also must be possible to have a noninsignificant work effort within the business. The private businesses which can make use of the rules is e.g. agriculture, handicraft businesses and manufacturing businesses, but also self-employed with real estate. Businesses that cannot be transferred are estate rental and businesses assessed to be passive investments because they don’t require a non-insignificant work effort. Assets and liabilities are assessed for each asset and liability. The inheritance/gift from private businesses exclusively consists of assets and liabilities which belong to an active business. The companies being transferred must meet the requirements for succession and will therefore consist of less than 50% liable capital investments. Assets that are liable capital investments are real estate, cash, securities or similar. The companies which can be transferred will therefore mainly consist of operating assets such as production facilities, operational resources, inventory etc. In companies the owner or someone closely related to the owner must have been in the company’s management for 1 year. The companies which can be transferred will thereby mainly consist of the same businesses as the privatelyowned businesses. The whole company is either included or not included, the companies being transferred will therefore also consist of assets which are liable capital investments, however these assets will always account for less than 50%. The same issue is seen in connection with succession in shares. At least 1% of the share capital must be transferred and the requirement about active participation in the management means that only transfers of shares, where the transferor has been involved with the management will be eligible. Bill L183 applies to transfers to close family members etc. Transfers can always the made to children, stepchildren (and their children), grandchildren and a partner (at least 2 years cohabitation). If the gift giver/deceased has no children the transfer can also be made to siblings, siblings’ children and siblings’ grandchildren. The requirements to the individuals as well as the businesses that is included in the reduction of the tax means that the businesses being transferred are active businesses which is either privately-owned or a company. The transferor (gift giver/deceased) and the acquirer (inheritor/recipient) must be closely related and the acquirer of the business often already has a big amount of knowledge about the business before the transfer takes place.

UddannelserMaster i Skat, (Masteruddannelse) Afsluttende afhandling
Antal sider59
VejledereJane Bolander