5 Major Developments in Denmark

5 Major Developments in Denmark

• Danish Tax Agency ruling about NFTs
• Documentation for deduction of purchase VAT in case of reverse payment obligation
• Mandatory Electronic Invoicing in Denmark
• The cost of correction: Danish VAT return errors subject to a 30% interest surcharge
• Tax Agency provides advice on DAC7 reporting requirements

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Bookkeeping

• Documentation for deduction of purchase VAT in case of reverse payment obligation

• Denmark E-Invoicing Requirements

• Detailed requirements for digital accounting systems have been published

Cryptocurrency and NFT

• Danish Tax Agency ruling about NFTs

DAC7

• DAC7 Guidance

• Tax Agency provides advice on DAC7 reporting requirements

• Denmark Provides Guidance on DAC7 Registration for Reporting Obligations for Platform Operators

• DAC7 – Guidance for reporting obligations for platform operators

• Registration for reporting obligations for platform operators

• Danish Ministry of Taxation Implements DAC7 Directive

Deduction (input tax credit)

• Documentation for deduction of purchase VAT in case of reverse payment obligation

• Responsibility for payment of missing A tax and AM contribution as well as deduction for VAT

• Case: No input VAT deduction for expenses for the purchase of land and the construction of a number of homes

• Binding ruling: VAT deduction on vision test equipment

• Production school – VAT deduction

• VAT-deductible non-profit association

• Museum’s right to deduct VAT on exhibition costs

• Guidance: Can a company offer employees, customers, suppliers and other business partners free charging of their electric cars without tax, duty and VAT consequences

E-Commerce / Electronic services

• Clarification on the place of supply rules for distance sales

E-invoicing

• Mandatory Electronic Invoicing in Denmark

• Denmark goes digital in accounting & taxation

• Denmark E-Invoicing Requirements

• Denmark enhances B2G e-invoicing with eco and sustainability labelling

• Updates of Tax Obligations from Serbia, Romania, Slovakia, Poland and Denmark

ECJ (European Court of Justice)

• Flashback on ECJ Cases – C-262/08 (CopyGene) – Stem Cell Bank Services Not Eligible for VAT Exemptions

• ECJ C-573/22 (Foreningen C and Others) – Questions – Whether the VAT charged on the Danish media licence fee between 2007 and 2017 should be refunded

Exemption

• Flashback on ECJ Cases – C-262/08 (CopyGene) – Stem Cell Bank Services Not Eligible for VAT Exemptions

• Case: No input VAT deduction for expenses for the purchase of land and the construction of a number of homes

• Increase in VAT liability – The sale of property is considered liable for VAT

• VAT-exempt transfer of securities

• Distribution of the life insurance company’s savings products is exempt from VAT

• National Tax Court’s decision in SKM2022.264.LSR on VAT liability when renting a holiday apartment

• Guidance: Alternative therapists and other healthcare professionals

Intra-Community Transactions

• Documentation for deduction of purchase VAT in case of reverse payment obligation

• Guide on the VAT treatment applicable to transactions performed in the EU

Place of Supply

• Case: Place of VAT transactions – Services in connection with real estate

• Clarification on the place of supply rules for distance sales

• Propagation of spinach considered as a service relating to immovable property

• Tax Agency Clarifies Place of Supply Rules for Distance Sales

Private Use

• Guidance: Can a company offer employees, customers, suppliers and other business partners free charging of their electric cars without tax, duty and VAT consequences

Real Estate/Immovable Property

• Case: No input VAT deduction for expenses for the purchase of land and the construction of a number of homes
• Case: Place of VAT transactions – Services in connection with real estate

• Ruling: Parking charges – public company

• Increase in VAT liability – The sale of property is considered liable for VAT
• National Tax Court’s decision in SKM2022.264.LSR on VAT liability when renting a holiday apartment

Real Time Reporting/Continuous Transaction Controls

• Denmark E-Invoicing Requirements

• Northern Europe Continuous Transaction Controls Update (DE, DK, SE, LV)

• Northern Europe Continuous Transaction Controls Update

• Propagation of spinach considered as a service relating to immovable property
• Updates of Tax Obligations from Serbia, Romania, Slovakia, Poland and Denmark

Refund

• Ruling: Conveyance and conversion of mortgage loans and provision of guarantees

• ECJ C-573/22 (Foreningen C and Others) – Questions – Whether the VAT charged on the Danish media licence fee between 2007 and 2017 should be refunded
• Guide on the VAT treatment applicable to transactions performed in the EU

Registration

• Guide on the VAT treatment applicable to transactions performed in the EU

Reporting / Compliance

• The cost of correction: Danish VAT return errors subject to a 30% interest surcharge

• Guide on the VAT treatment applicable to transactions performed in the EU

• VAT Guide: VAT in Denmark

SAF-T (Standard Audit File for Tax)

• Detailed requirements for digital accounting systems have been published
• Updates of Tax Obligations from Serbia, Romania, Slovakia, Poland and Denmark

Taxable Amount

• Charging stations – price reductions

• Invalid “decision” – Felling, chipping, driving away, etc. of wood subject to VAT

Taxable Person

• Ruling: Parking charges – public company

Taxable Transaction

• ECJ C-573/22 (Foreningen C and Others) – Questions – Whether the VAT charged on the Danish media licence fee between 2007 and 2017 should be refunded

• New rulings on the Danish VAT treatment of factoring arrangements

Tax Authorities / Penalties

• The cost of correction: Danish VAT return errors subject to a 30% interest surcharge

• Exemption from interest and fees related to subsequent declarations of VAT

• Invalid “decision” – Felling, chipping, driving away, etc. of wood subject to VAT

• VAT corrections and errors subject to 30% interest surcharge

TOGC (Transfer of a Going Concern)

• VAT-free business transfer – TSA benefits

ViDA

• Consultation on ”VAT in the Digital Age” (ViDA)