Solidarisk hæftelse: En analyse af konsekvenser ved vedtagelsen af lovforslag L 173

Stefan Klarholt

Student thesis: Master thesis


Executive Summary: The objective of this thesis is to analyze the motives and consequences in bill L 173 regarding joint and several liabilities. The Bill consist several changes, with the purpose to ensure that multinational companies pay full tax in Denmark. One of the changes is a reintroduction of joint and several liabilities in jointly taxed companies. This rule is a change in the Danish Corporate Tax Act, and does not comply with several other legislations. The thesis describes the former and new rules regarding joint and several liabilities in the joint taxation of a group of companies. The background and the purpose of the bill are analyzed in order to explain if the effect of the bill is fair compared to the consequences in other legislations and for other companies. The thesis examines how the rules about joint and several liabilities complies with the Danish Com-panies Act. This examination includes the development of Danish Companies, and the positive effects of limited liability. The thesis includes an examination on how the joint taxation is to be shown in the financial state-ments in accordance to the Danish Financial Statements Act and the International Accounting Standards. This examination analyzes the problems regarding missing information between a group of companies, especially when one of the companies is listed. Consequences and problems for minority shareholders and creditors are analyzed regarding to the Danish Bankruptcy Act. The analyze shows that the only part that profits from L 173 is SKAT. It also shows that there have been no considerations to creditors, shareholders, management or the board of directors. A small consideration has been giving to the companies with minority sharehold-ers as these still have limited liability. The analyze shows that the limited liability only will have a theoretical character when the claim exceeds the capital invested. This thesis shows that the Danish Corporate Tax Act of 2012 regarding joint taxation will not only affect the multinational companies who has been accused of tax fraud in Denmark, but it will also have a negative impact on the law-abiding companies who pay their taxes in full.

EducationsMSc in Auditing, (Graduate Programme) Final Thesis
Publication date2015
Number of pages84