Momsfradrag for rådgivningsydelser i forbindelse med salg af aktier og selskabsandele inden for EU

Thorleif Jørgensen & Peter-Jarl Stürup

Student thesis: Master thesis

Abstract

The aim of this thesis is to review and analyze the changing practice within the European Union (EU), concerning VAT deduction derived from consulting services in connection with an exempt disposal of shares. Initially, we review the C-4/94 BLP– and C-29/08 SKF–rulings and afterwards compare them to identify the exact criteria that, in theory, will make it possible to deduct VAT costs from consulting services in connection with a disposal of shares. Then we analyze and compare the interpretation of the SKF–ruling, made by the Danish and Swedish tax authorities. Subsequently, we discuss the differences between the change of practice of the European Court of Justice (ECJ) and the interpretation of the SKF–ruling made by the Danish and Swedish tax authorities. The analysis shows that there has been a major change of practice within the ECJ concerning VAT deduction in connection with a disposal of shares and that the Danish and Swedish tax authorities have “misinterpreted” the intentions of the SKF–ruling. This “misinterpretation” seems to be the result of a restrictive course towards the ECJ taken by the Danish and Swedish tax authorities. The main argument in the SKF–ruling made by the ECJ is that the costs derived from the consulting services are not to be included in the cost of the shares, but they should be included in the general costs of the company. The main statement of the Danish and Swedish tax authorities is that the consulting services are necessitated by an exempt sale of shares and therefore none deductible. Thus the conclusion of this thesis states that the Danish and Swedish tax authorities oppose the ECJ by maintaining an obsolete view on VAT deduction derived from the BLP–ruling. One of the main issues is that the Danish and Swedish tax authorities neglect the principle of neutrality and the purpose of the VAT–system.

EducationsMSc in Auditing, (Graduate Programme) Final Thesis
LanguageDanish
Publication date2012
Number of pages104