Virksomhedsordningen: Konsekvenser for brugere af virksomhedsordningen som følge af lov nr. 992 af 16. september 2014

Dan Wagner Hansen & Jonas Søholt Christensen

Student thesis: Master thesis


The tax reform in 1987 introduced two new categories of income for persons: - Personal income (income from employment, business and so forth) - Capital income (income from interest and capital gain) With the two categories came separate taxation rates. The lower taxation of capital income resulted in a decrease in the value of the deductions of interest. The reform would distort the taxation of limited companies and privately owned companies. To negate the distortion between the tax differences, the reform also introduced the Danish Business Taxation Scheme. Since 1987, individuals have found ways to abuse the Danish Taxation Scheme to gain tax advantages by including private debt in the company’s tax calculations or by using the means of the company as security for debt not included in the company’s finances. In 2014, the Danish government passed bill L 200 that should prevent the advantages of the above-mentioned dispositions, but the bill provided discussions in the form of double taxation of income, the taxation of securities and legislate retrospectively. Amendment no. 992 of 16 September 2014 to the Danish Business Taxation Act (virksomhedsskatteloven) has implemented clauses that neutralise the abuse of the Danish Taxation Scheme. However, people who have not abused the bill have also been affected by the implemented clauses. The amendment affects people who have made or want to make the following dispositions: - Rent out property and choose not to include the mortgage - Rent out property that has a mortgage - Secure debt with floating charge - Make tax free partial restructuring of the company

EducationsMSc in Auditing, (Graduate Programme) Final Thesis
Publication date2016
Number of pages133