New article on Danish CFC rules

Peter Koerver Schmidt has written an article on whether the Danish CFC rules are in conflict with the freedom of establishment despite the Danish reaction to C-196/04 Cadbury Schweppes.

The author concludes that the Danish CFC rules may still constitute a restriction on the freedom of establishment. Furthermore, he concludes that the reaction to Cadbury Schweppes and the recent ECJ case law has led to uncertainty on whether the Danish CFC rules can be justified.

Read the article here.

New article on interest cap and permanent establishments

The article is a follow-up on a previous article by Michael Tell. It deals with whether the Danish Corporate Tax law § 11 B is in compliance with the free establishment rule, art. 49 TEUF, in the light of C-350/11, Argenta.

It is concluded that assets allocated to permanent establishments in other EU/EEA countries may also be included when calculating the asset base after SEL § 11 B.

Read the article here.

New article on exit taxation by Michael Tell

The article provides an analysis of company exit tax regimes with a particular focus on the recent ECJ decision in Commission v. Denmark (C-261/11).

The article outlines the acceptable scope of exit tax regimes for companies, analyses unresolved issues, including the length of deferral, guarantees for deferred exit taxes and interest charges levied on deferred exit taxes. Finally, the EU compatibility of the proposed Danish exit tax regime is analysed.

Read the article here.

CORIT Birthday

This Friday Corit Advisory hosted a 2 year birthday reception. We would like to thank all participants for a wonderful afternoon among great people. We missed those of you unable to make it.


The Corit team

Discussion paper on synthetic interest

This working paper is a part of the project titled “Trends in Financial Market Innovations: The Role of Taxes” funded by the NASDAQ OMX Foundation.

The article is written by Petter Bjerksund, Ingebjørg Vamråk Dobrovolskis and Gunnar Stensland and deals with the applicability of the Norwegian participation exemption rule on synthetic interest.

Read the discussion paper here.