Virksomhedsskatteloven med fokus på lov nr. 992 af 16. september 2014: Indgreb mod utilsigtet udnyttelse af virksomhedsordningen.

Berg Johannesen Christian

Student thesis: Master thesis

Abstract

On September 9th 2014 the Danish parliament passed a sweeping amendment of the business-tax-scheme in order to prevent unintended use of the Danish tax system by recognizing private debts in the business-taxscheme. The amendment was implemented by law number 992 from September 16th 2014. This dissertation presents the complex tax related consequences of the amendment through analysis and interpretation of the legislative documents, the wording of the Act as well as binding answers from SKAT. The purpose of the amendment is to remove the tax incentive of the business owner putting in private debt to the extent that the “deposit account” in the business becomes negative. This is done by removal of the opportunity to accumulate surplus in the business-tax-scheme when the “deposit account” is negative. From a political point of view the amendment was especially passed in order to remove the possibility for business owners of taking out mortgages in the business under the business-tax-scheme resulting in a negative “deposit account”, by making it uninteresting tax wise. The reason is that the loan proceeds are payed out to the business owners private account. Hereby the business owner can use the loan proceeds to finance private consumption. This implies that the need for withdrawal of profit from the business for personal consumption is limited. The business profit is thereby accumulated in the business-tax-scheme, which results in a liquidity surplus that the business owner can use for paying of the debt. With a decreasing trend in the business tax percentage combined with the increasing trend in the personal marginal tax rate, this resulted in a tax saving when paying off private debt in the business-tax-scheme with up to 34 %. Besides from the repayment advantages of the private debt, the business-tax-scheme further gives rise to an advantage in terms of deduction of interests in the personal income. The implementation of a new special interest-rate correction is hereby prospectively expected to eliminate this tax related advantage. With inspiration from the Tax Assessment Act § 16 E, law number 992 of September 16th 2014 further states that collateral in business assets in some cases might have consequences. The consequences of this in terms of tax are double taxation corresponding to the lowest amount of the size of the collateral or the value of the debt. This dissertation concludes that law number 992 of September 16th 2014 has far-reaching consequences in terms of tax that stretches further than the purpose of the amendment itself. It is concluded that the reason for a negative deposit account is not observed, and thereby removal of the opportunity of accumulating surplus is removed alone for the fact that the deposit account is negative. Further more the rules concerning taxable collateral causes business owners using the business-tax-scheme to carefully dispose regarding submission of collateral.

EducationsMSc in Auditing, (Graduate Programme) Final Thesis
LanguageDanish
Publication date2015
Number of pages83