Underskudsfremførsel: Ny begrænsning i udnyttelse af eksisterende skattemæssige underskud

Anja Christina Davidsen

Student thesis: Master thesis


In the wake of criticism regarding multinational companies in Denmark and their ability to avoid corporation taxes, the bill L173 was passed with effect from the income year that starts 1st of June 2012 or later. The bill proposed to change the rules regarding tax losses to be carried forward so that the companies no longer could carry forward unlimitly, but only carry forward with a limit of 7.5 million DDK plus 60% of the profit superseding above the 7.5 million. This might have a negative effect on companies in Denmark, as they might experience taxation on available funds, which they did not take into account when creating the company budget. In 2010 the Danish government presented a plan of action, which concluded that there are several companies that either pay zero taxes, or even have a negative tax income. One of the contributing factors to this undesirable situation, were the rules on joint taxation introduced in 2005. The rules made possible for the companies to balance the tax in-house within the group of combined companies (concern), before submitting the taxable income. The purpose of the bill is to provide the Danish state with a profit that is meant to restore the welfare society in Denmark after the recession of 2008. All companies with a taxable income above 7.5 million and with a taxable income to be carried forward will feel the effect of this bill in the Danish Corporate tax Act. Certain kinds of companies and business trades will experience a bigger impact from these new rules. There is even a chance that certain companies might even relocate in another country as a response to the bill. Biotech- and IT companies that develop new products and have high development costs, and only collect the once-and-for-all payment after many years of trial and testing, can no longer use the carry forwardrules with the same profitable outcome. The same is relevant for contracting companies, which use the invoice principle for accounting for income and expenses. The companies simply cannot carry forward all of their taxable incomes due to the new limits. Financial institutes that are taxed based on their assets will basically be liable for taxes of an income, which they have not yet realized. This dissertation shows that the Danish Corporate Tax Act of 2012 will not only affect the companies who has been accused of tax fraud and (mis)using transfer prizing rules to siphon taxable income out of Denmark, but it will also have a bad impact on the law-abiding companies who pay their taxes in full.

EducationsMSc in Auditing, (Graduate Programme) Final Thesis
Publication date2013
Number of pages91