Analyse af de skattemæssige aspekter i Selskabsskattelovens §§§ 11, 11 B & 11 C

Anders Meier

Student thesis: Master thesis


The objective of this thesis is to analyze the tax side Selskabsskatteloven (SEL) §§§ 11, 11B and 11 C. The principal rule in Danish tax law is, cf. Danish Tax Law (SL) section 6E, that companies are granted allowances for their interest expense. The 26 June 1998, with effect from January 1st 1999 or later an exception to this was imposed. This exception was imposed in order to counteract speculation by groups which had one or more companies in Denmark that was thinly capitalized, with the only purpose of getting a tax advantage (SEL § 11). A thin capitalized company is a company with a large quantity of debt in proportion to equity, from a controlling natural or legal person which exceeds a 4:1 debt-equity ratio. As a supplement to this law, there were, in 2007 imposed further rules to limit deduction (SEL § 11 B and 11 C). These new rules were especially designed to prevent foreign funds buying Danish Companies with the only purpose of placing cost in Denmark simultaneously with placing income in foreign countries. The legislation in SEL §§§ 11, 11 B and 11 C is some of the most complex tax rules currently used. Because of the high complexity these rules caused lots of theoretical and practical challenges. The complexity of the rules about the limitation of allowances can said to have increased due to many changes that have been continuously made since they first were introduced. These rules continue to be amended, within the law proposal L 84 and L 194 I adopted on 30 March 2011 and 27 May 2011. This dissertation will aim to illustrate the problems that, with the present wording of the legal text possibly are. And to give a deeper understanding of the rules in SEL §§§ 11, 11 B and 11 C, a practical case will be involved in the thesis. The inspiration for this dissertation is therefore to be found in the fact that it calls for great challenges in both theory and practice.

EducationsMSc in Auditing, (Graduate Programme) Final Thesis
Publication date2011
Number of pages94