Dansk beskatning af udenlandske trusts: Set i lyset af ligningslovens § 16 K

Merete Baymler Nilausen

Student thesis: Master executive thesis


The use of foreign trusts has increased the challenges to the Danish tax laws over the years, since a trust cannot be recognized as a legal figure by Danish law. Furthermore, the number of cases from both the administrative authorities and the courts regarding trusts, has grown considerably. Given the relatively large number of countries using trusts and the increased internationalization and mobility between countries, the relevance of recognizing and qualifying the concept, has in-creased. The purpose of this project is to outline and analyze the Danish taxation of foreign trusts, including its settlor(s) and beneficiaries. Initially the legislation for Danish funds will be introduced to understand the requirements for the foreign trusts, as they are qualified based on Danish tax law. This qualification is based on a long-term practice. Essential for this qualification is whether the trust has an independent management and whether the assets of the trust is irrevocably separated from the fortune of the settlor. According to this long-term practice the trust can either be considered as an independently sub-ject or as a transparent unit. The taxation of the trust, the settlor and the beneficiaries depends on this qualification. If the trust is considered an independent subject, but founded in a country where there are no absolute law or practice, making it mandatory for the assets to be irrevocable separated from the fortune of the settlor, and making it impossible by law, to transfer the trust to another country, where the irrevocable separation from the settlors fortune is not forced by law, the settlor will be subject to taxation as if the trust is a transparent unit to the tax assessment act in ligningsloven § 16 K.

EducationsMaster i Skat, (Executive Master Programme) Final Thesis
Publication date2016
Number of pages50