Denmark: Did an employee’s Home Office constitute a Permanent Establishment? – Article 5 (1) of the Denmark/Germany Tax Treaty

Søren Friis Møller

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There were no reported tax treaty cases from the Danish Supreme Court or the two Danish High Courts in 2020. There were, however, a number of binding rulings from the Tax Assessment Council (skatterådet, abbreviated in Danish as SR and here as TAC) reported in 2020. The binding ruling, reported as SKM2020.208.SR,[2] deals with the question of whether the home office of a key employee constituted a permanent establishment for the company that was the employer. The employee was resident in Denmark while the employer was a company resident in Germany. The ruling is therefore based upon Article 5(1) and 5(2) of the Denmark-Germany tax treaty.
Original languageEnglish
Title of host publicationTax Treaty Case Law around the Globe 2021
EditorsGeorg Kofler, Michael Lang, Alexander Rust, Jeffrey Owens, Pasquale Pistone, Josef Schuch, Karoline Spies, Claus Staringer, Alfred Storck, Peter Essers, Eric C.C.M Kemmeren, Cihat Öner, Daniël Smit
Number of pages3
Place of PublicationWien
PublisherLinde Verlag Wien
Publication date2022
ISBN (Print)9783707345476, 9789087227876
ISBN (Electronic)9783709412336, 9789087227890, 9783707312343, 9789087227883
Publication statusPublished - 2022
SeriesSeries on International Tax Law

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