5 Major Developments in Denmark

5 Major Developments in Denmark

• Data exchange platform down for VAT declarations on 29/3 17-19
• Decision: Reimbursement by the municipality of tax on electricity used in buildings in which activities subject to VAT take place
• Case: Refused to register for VAT
• Ruling: VAT exemption – independent groups – trade unions – administrative assistance
• Denmark Recovery of VAT for Holding companies

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Bookkeeping

• Denmark Modernizes Its Bookkeeping Act to Promote the Digitalization of Accounting – VATupdate

Customs

• ECJ Customs C-788/21 (Global Gravity) – Judgment – Customs classification of tubular transport running system

Cryptocurrency and NFT

• VAT, currency, AM contribution for speculation

• Public consultation concerning a proposed EU Directive for crypto-asset transactions

DAC8

• Public consultation concerning a proposed EU Directive for crypto-asset transactions

Deduction (Input Tax Credit)

• Flashback on ECJ cases C-32/03 (Fini H) – Deduction of VAT in case person ceased a commercial activity if direct and immediate link

• National Tax Court: VAT – university – forensic services

• Denmark Recovery of VAT for Holding companies

• National Court: Reimbursement by the municipality of tax on electricity used in buildings in which activities subject to VAT take place

• Change of practice regarding the Tax Administration’s processing of negative statements regarding VAT on auditor and legal fees, including the fee to the trustee, which is received after the bankruptcy estate is closed – control signal

• VAT deduction for dining in connection with the production of television

• Sale of building plots used for VAT-exempt business or made available free of charge

• Sale of building plots used for VAT-exempt business

• Change of practice – Right to deduct VAT in grant-funded companies

• Denmark Tax Agency Explains VAT Deduction for Holding Companies

• Guidance: Calculation of VAT deductibility – sale of investment goods

• Questions about a buyer’s right of deduction for, respectively, the right to a refund of incorrectly invoiced VAT

ECJ (European Court of Justice)

• Flashback on ECJ cases C-32/03 (Fini H) – Deduction of VAT in case person ceased a commercial activity if direct and immediate link
• ECJ Customs C-788/21 (Global Gravity) – Judgment – Customs classification of tubular transport running system

• Flashback on ECJ cases C-428/02 (Fonden Marselisborg Lystbådehavn) – The concept of rental of immovable property also includes the rental of berths for mooring boats in the water

• Flashback on ECJ cases C-382/02 (Cimber Air) – Supplies of goods/services for aircraft operating domestic flights but used by airlines whose main activity is the international carriage are exempt

E-Invoicing

• E-Invoicing Developments in Northern Europe

• Denmark Modernizes Its Bookkeeping Act to Promote the Digitalization of Accounting

• Digital bookkeeping: Which rules come into force when?

• Denmark postpones implementation of new Bookkeeping law

• Denmark delays digital certified invoicing and bookkeeping

• Denmark Modernizes Its Bookkeeping Act to Promote the Digitalization of Accounting

EU policy

• Public consultation concerning a proposed EU Directive for crypto-asset transactions

Environmental Tax

• Denmark Tax Agency Explains VAT Treatment on Sale of CO2 Credits, Reverse Payment Obligation

Excise

• Lower electricity tax in 2023

Exemption

• Ruling: VAT – advance payment – accrual and exemption on export

• Ruling: VAT exemption – independent groups – trade unions – administrative assistance

• VAT, currency, AM contribution for speculation
• National Court: Reimbursement by the municipality of tax on electricity used in buildings in which activities subject to VAT take place
• Sale of building plots used for VAT-exempt business or made available free of charge
• Sale of building plots used for VAT-exempt business
• Flashback on ECJ cases C-428/02 (Fonden Marselisborg Lystbådehavn) – The concept of rental of immovable property also includes the rental of berths for mooring boats in the water
• Flashback on ECJ cases C-382/02 (Cimber Air) – Supplies of goods/services for aircraft operating domestic flights but used by airlines whose main activity is the international carriage are exempt

Export

• Ruling: VAT – advance payment – accrual and exemption on export

• Ruling: Advance payment – accrual and exemption on export

Fraud / Tax Evasion

• Case: Refused to register for VAT

• Punishment – tax fraud of a particularly serious nature – VAT – probable intention – claim for compensation

Importation

• Shipment of goods from Norway to Germany has not been completed correctly (import VAT)

Intra-Community Transactions

• Denmark increases 2023 Intrastat thresholds

• EU sales without VAT

Intrastat

• Intrastat Threshold 2023

• Denmark increases 2023 Intrastat thresholds

Liability (Reverse Charge/Withholding)

• Denmark Tax Agency Explains VAT Treatment on Sale of CO2 Credits, Reverse Payment Obligation

• Ruling: Sale of CO₂ credits – reverse payment obligation

Rate

• Ruling: VAT – advance payment – accrual and exemption on export

Real Estate/Immovable Property

• Sale of building plots used for VAT-exempt business or made available free of charge
• Sale of building plots used for VAT-exempt business

• Denmark Tax Agency Explains VAT Liability of Sale of Property to Sister Company

Registration

• Case: Refused to register for VAT

Refund

• Decision: Reimbursement by the municipality of tax on electricity used in buildings in which activities subject to VAT take place

• Guidance: Compensation for VAT to charitable associations

Reporting / Compliance

• Data exchange platform down for VAT declarations on 29/3 17-19

• Change of practice regarding the Tax Administration’s processing of negative statements regarding VAT on auditor and legal fees, including the fee to the trustee, which is received after the bankruptcy estate is closed – control signal

• Guidance: Compensation for VAT to charitable associations

• New automatic check of reported VAT figures

• 5 VAT Country Guides on Denmark

• Insights into the Tax Systems of Scandinavian Countries

• Denmark increases 2023 Intrastat thresholds

• A guide to VAT – Doing business in Denmark

• EU sales without VAT

• Country VAT Guide: Denmark

Tax Authorities / Penalties

• Judgement: Punishment – tax fraud of a particularly serious nature – VAT – probable intention – claim for compensation

• Punishment – tax fraud of a particularly serious nature – VAT – probable intention – claim for compensation

• Case: Penalty, VAT fraud, tax fraud, increased, additional fine

Tax Point (When the Chargeable Event Occurs)

• Ruling: Advance payment – accrual and exemption on export

Taxable Transaction

• Denmark Tax Agency Explains VAT Liability of Sale of Property to Sister Company

VAT Group

• VAT exemption – independent groups – trade unions – administrative assistance

ViDA

• E-Invoicing Developments in Northern Europe

• Denmark: VAT in the Digital Age Initiative Proposal for EU

• VAT in the Digital Age Initiative Proposal for EU (Denmark consultation)

• Denmark Opens Public Consultation on EU VAT in the Digital Age Initiative