Udvidelsen af CFC-indkomstbegrebet til at indeholde anden indkomst fra immaterielle aktiver

Oliver William Forrester & Jens Tvilling Kjærgaard

Student thesis: Master thesis


In 2016, the council of the European Union adopted the Anti-Tax Avoidance Directive to prevent multinational corporations from using aggressive tax planning schemes. The directive was implemented on the background of the OECD BEPS-project. Consequently, Denmark’s current legislation on CFC must be adjusted to fulfill the minimum requirements set out in ATAD. This thesis examines the extension of the CFC-income definition to include other income from intellectual property as proposed in Danish legislation through L 48. The thesis finds that the proposed changes to the Danish legislation is expected to result in significant challenges for Danish multinational enterprises, in terms of administrative burdens and a weakening of their competitiveness. The challenges are enhanced as the thesis shows that no sufficient guidelines have been issued by the authorities, national or supranational, as to how this new income category is to be handled. The thesis analyses the challenges, based on material issued by OECD leading to the extension of the CFC-income category, i.e. BEPS Action 3, Transfer Pricing Guidelines and the Model Tax Convention on Income and on Capital alongside legislation and preparatory work from the Danish authorities, and will gradually be extended with the authors' interpretation of the new CFCincome category. Further, the thesis interprets challenges related to other income from intellectual property based on a real life case. The thesis provides guidelines as to how multinational enterprises can handle other income from intellectual property in a practical manner, through a twostep analysis, and further address the expected increase in administrative burdens that Danish multinational enterprises are expected to encounter. Finally, the thesis addresses the current form of L 48 and impart a view on how the proposed legislation could be adjusted so that CFC-rules will be in better proportion to their purpose.

EducationsMSc in Commercial Law, (Graduate Programme) Final Thesis
Publication date2020
Number of pages127
SupervisorsPeter Koerver Schmidt