Virksomhedsordningen eller anpartsselskab – hvad skal man vælge?

Kevin Larsen

Student thesis: Master thesis


Executive summary: Every year a lot of new enterprises are established. Before founding a business there’s a lot of different rules the entrepreneur must take into consideration. To make a sound decision the entrepreneur need information about the different types of company one can choose, e.g. which company-law and tax-law that applies to each type of company. In practice this is not always the case and the choice might not be the correct one for the entrepreneur. This thesis will focus on 2 specific types of companies – proprietorship and private limited companies. If the choice is proprietorship the entrepreneur is only expected to follow a very limited set of business law which is not very comprehensive. In a proprietorship there is no requirement for management structure or starting capital. Because of this, the owner of the proprietorship is personal liable for the creditors in the company and this is one of the more characteristic traits of proprietorship. The proprietorship is not an independent tax subject. The taxable income is subject for taxation on the owners’ tax return. Generally the owner will be taxed according to “personskatteloven”. The owner can then choose to be taxed in supplement to “virksomhedsordningen”. “Virksomhedsordningen” gives the owner the possibility to divide the proprietorship’s taxable into different types of income which will give the opportunity for reduced tax payment and gives business interest a higher deductible than “personskatteloven”. Moreover, it gives the possibility to obtain a reduced tax rate for taxable business income by be accrued in the company and also utilize the company assets for reduce taxation to get equate return with another passive investment. If the proprietorship has a fiscal tax deficit the losses can be deducted from the owners and the owner’s spouses other incomes, and therefore utilize the losses right away. The other option which this thesis focuses on is private limited companies. This corporate form have more comprehensive legal requirement. Private limited companies are independent tax and legal entities from its shareholder. Companies have to be compliance with rules outlined in “selskabsloven”. To start up a private limited company there is a legal capital requirement. The shareholders are not personally liable and are only liable with the capital invested in the company. As mentioned earlier private limited companies are independent tax subject. The company pays 25% of their tax income. If private limited companies have a fiscal deficit, the losses can only be used to offset against future fiscal surpluses.

EducationsMSc in Auditing, (Graduate Programme) Final Thesis
Publication date2015
Number of pages105