Værdiansættelse og udskudt skat ved generationsskifte

Henrik Gerlach

Student thesis: Master executive thesis


According to applicable laws it is possible to convey corporation whilst still alive and after death with suc-cession. The succession means that no taxation on profits from conveyed assets is made against seller. The purchaser enters on behalf of the seller in so far as to the purchase price, time of acquisition date and ac-quisition intention for each succession active. In this way the purchaser takes over a latent tax liability. When a corporation is handed over through succession it is often done at a lower price than the seller would have obtained if the corporation was sold without succession. Otherwise the purchaser would not be compensated for the tax liabilities he has taken over. The tax liabilities will not be relevant until the time where the active is transferred and then only based on the profits, which can be estimated at this later time of transfer. In the Danish tax legislation presents are toll or taxable. Furthermore tax must be paid on heritages. Gift taxes etc. are calculated based on the sales value of the actives and without any consideration if together with the active a latent tax burden has been taken over. When calculating the gift tax the tax obligations are considered. This is done by calculating passive values after objective fixed rules, reducing the basis for the tax calculation. So far it has not been possible to re-duce the value of the gift with the tax obligation. The National Tax Tribunal acknowledge with decision published in SKM2008.876.LSR that actives in a cor-poration convey can be fixed considering the tax obligations taken over. This tax obligation, however, should be fixed according to market value. The decision was thereinafter made administrative praxis, how-ever in a way that the reduction is seen as part of the settlement of the purchase price for the corporation. In this way the Danish Tax law now operates with two methods of consideration of deferred taxes during generation change whilst still alive. A statutory method of calculating passive posts in the ”Kildeskattelov §33D” and an administrative fixed method on the market value of latent tax can be used as part of the set-tlement of the price of the corporation. The rules are important to the judgement whether a gift has been given when conveying the corporation and if so the size of the tax- or toll value for this. This master project raises the question if the necessary warranty is at hand in order to introduce this praxis of calculating the market value of a latent tax burden as part of the performance in judging if a tax- or toll applicable gift has been given at disposition with succession. This master project will go through the guidelines for fixing the market values, which is used for the gift taxation, including any special rules for valuation for disposition with succession. Furthermore an analysis is included to show if the administrative praxis is in accordance with the law and if administrative praxis can be extended to include execution from estates assessable to income tax. Hereinafter this master project will go through a number of administrative settlements on the possibilities of reduction after both methods and go through selected problems based on the introduced administrative practise. Finally a conclusion is made and put into perspective.

EducationsMaster i Skat, (Executive Master Programme) Final Thesis
Publication date2014
Number of pages55