Ændring af pengetankreglen og konsekvenser herved

Mathias Muff & René Jensen

Student thesis: Diploma thesis


This thesis has been written as part of the HD Graduate Diploma in Financial & Management Accounting programme at Copenhagen Business School. The main purpose of this thesis is to illustrate the effect of the change in the law regarding the company structure for companies who want to implement a tax free succession to family members or close employees. Before 2012 it was possible to transfer the company to family members or close employees and postpone the tax payment, as long as no more than 75 % of the company’s assets consisted of passive investment, such as shares, bonds or rental properties; or no more than 75 % of the income related to the passive investments. Mid September 2011 a new government was elected in Denmark, and as a part of their Finance Law for 2012 they decreased the percentage for passive investment from 75 % to 50 %. Firstly they suggested a limit of 25 %, but due to huge opposition from both other politicians and business men a settlement was obtained. The reasons for tightening the so called “pengetankregel” was to gain more taxes, as more companies would be unable to postpone the tax, and to increase the incentive to put more money into increased production in the hope of creating more jobs, in stead of just investing free capital in ‘passive’ assets. In this thesis we have focus on the following:  the history of the “pengetankregel”  describing the “pengetankregel”  the fairness and the purpose of the “pengetankregel”  the debate in connection with the submission of the first legislative proposal  what effects the change will have for company owners and the Danish state  how affected companies can maintain a position that makes it possible to postpone the taxes We will include a brief overview of how the succession can be conducted in practice, with different opportunities such as restructuring and splitting the company. Finally we will give our own opinion on the change of the “pengetankregel”.

EducationsGraduate Diploma in Accounting and Financial Management, (Diploma Programme) Final Thesis
Publication date2012
Number of pages72