Publication List - Copenhagen Business School
Transcription
Publication List - Copenhagen Business School
Peter Koerver Schmidt Assistant Professor CBS, Law Department Publication List Articles Published in Journals and Conference Publications 21) Ensretning i den internationale skatteret – Om muligheden for indførelse af CCCTB i lyset af Luxleaks Journal: Tidsskrift for international beskatning – Skat Udland (SU 2015, 38 – pp. 75-82) Publisher: Karnov Group Co-author: Jakob Bundgaard Summary: The article discusses a number of legislative and political tendencies that seem to have brought along increased alignment of national corporate tax regimes. Accordingly, it is argued that the states’ room for maneuver currently is under growing pressure when it comes to the design corporate tax legislation. The conclusion is based on an analysis of a number of recent initiatives from the OECD and the European Commission. 20) Øvrige værnsreglers betydning ved dansk CFC-beskatning Journal: SR-Skat (2014, issue 5, pp. 255-260) Publisher: Karnov Group Summary: The article analyses whether specific anti-avoidance provisions under Danish law are applicable when assessing the conditions for Danish taxation of controlled foreign companies (CFC-taxation) and when calculating the income to be attributed to the Danish parent company. In this regard the decision made by the Danish Tax Assessment Council in SKM2014.577.SR is discussed. 19) Corporate Taxation and the International Challenge Journal: Nordic Tax Journal (2014, vol. 2, issue 2, pp. 113-131) Publisher: Djøf Forlag Summary: It is argued that the higher degree of economic integration across borders and the international trend towards a reduction of corporate income tax rates have had a significant impact on the Danish corporate tax regime in recent years. Accordingly, the Danish statutory corporate tax rate has been lowered, while several government actions at the same time have been taken in order to combat international tax avoidance and evasion. However, the article concludes that the enacted anti-avoidance provisions often suffer from being quite complex, very broad in scope and open to criticism from an EU law perspective. 1 Peter Koerver Schmidt Assistant Professor CBS, Law Department 18) Definitionen af CFC-indkomst og adgangen til dispensation – en kommentar til to nyere afgørelser Journal: SR-Skat (2014, issue 3, pp. 162-167) Publisher: Karnov Group Summary: The article analyses two new administrative decisions concerning the Danish CFC rules applicable to companies. The first decision – issued by the Danish Tax Assessment Council – deals with the definition of tainted income under the CFC rules with respect to income originating from intellectual property rights. The second decision – issued by the Danish Tax Tribunal – concerns the conditions to be fulfilled in order to obtain exemption from the Danish CFC-rules. In this regard the article discusses the relatively controversial condition stating that the main part of the subsidiary’s income has to originate from business with clients in the country where the subsidiary is resident. 17) Nettoprincippets betydning ved lempelsesberegning Journal: Tidsskrift for Skatter og Afgifter (TfS 2014, 119 – pp. 714-722) Publisher: Karnov Group Co-author: Jakob Bundgaard and Katja Dyppel Weber Summary: The article analyses a number of interpretive questions with respect to the "net principle" set out in Sec. 33 F of the Danish Tax Assessment Act. The provision concerns double taxation relief – both unilaterally or according to a tax treaties – and states that expenses which relate to the foreign-source gross income must be deducted when computing net foreign-source income. 16) Are the Danish CFC Rules in Conflict with the Freedom of Establishment? – An Analysis of the Danish CFC Regime for Companies in Light of ECJ Case Law Journal: European Taxation (2014, vol. 54, no. 1, pp. 3-9) Publisher: International Bureau of Fiscal Documentation, Amsterdam Summary: Unlike other Member States, Denmark reacted to Cadbury Schweppes (C196/04) by widening the scope of application of its CFC legislation for companies to purely domestic situations. Inspired by the BEPS Report recommendation on strengthening CFC legislation – and in light of the lack of certainty under existing ECJ case law – this article analyses whether or not the Danish CFC rules applicable to companies should be considered in line with the freedom of establishment. 2 Peter Koerver Schmidt Assistant Professor CBS, Law Department 15) Beskatning af udenlandsk passiv indkomst i koncerner Journal: Tidsskrift for international beskatning – Skat Udland (SU 2013, 207 – pp. 440450) Publisher: Magnus Informatik, Denmark Summary: The article analyses the Danish rules concerning taxation of foreign passive income. Emphasis is on the Danish CFC-rules, including their relationship with EU law and tax treaties. Moreover, the article comments on the general report prepared for the 67th IFA Congress. 14) Die dänischen CFC-Vorschriften für Gesellshaften und ihre Vereinbarkeit mit Gemeinshafts- und Abkommensrecht Journal: Internationales Steuerrecht (2013, vol.22, issue 11, pp. 417-423). Publisher: Verlag C.H. Beck. Co-author Markus Schneider. Summary: The purpose of the article is to give a brief introduction to the Danish legislation concerning Controlled Foreign Corporations (CFC rules) and to highlight the main similarities and differences between the German and Danish CFC rules. Moreover, the article provides insight into the debate on whether the current Danish CFC-regime should be considered in breach of EU law and/or Denmark’s tax treaties. 13) The Taxation of Foreign Passive Income for Groups of Companies Journal: Cahiers de droit fiscal international (2013, Vol. 98a, pp. 259-278 – IFA Branch Report, Denmark) Publisher: Sdu Fiscale & Financiële Uitgivers, The Netherlands Summary: The branch report analyses the Danish rules concerning taxation of foreign passive income. The emphasis is on the Danish CFC-rules, including their relationship with EU law and tax treaties. 12) Danske CFC-regler og dobbeltbeskatningsoverenskomster (peer reviewed) Journal: SR-Skat (2012, issue 5, pp. 307-327) Publisher: Karnov Group, Denmark Summary: The article analyses whether the Danish legislation conflicts with Denmark’s tax treaties and questions whether the current rules are within the accepted framework for CFC taxation set out in the commentaries to the OECD Model Tax Convention. 3 Peter Koerver Schmidt Assistant Professor CBS, Law Department 11) Dispensation fra CFC-reglerne for selskaber (peer reviewed) Journal: Tidsskrift for international beskatning – Skat Udland (SU 2011, 486 – pp. 903-914) Publisher: Magnus Informatik, Denmark Summary: The article deals with the access to dispensation from the Danish CFC-rules for banks, insurance companies and mortgage lenders, cf. Sec. 32 (2) of the Corporation Tax Act. Based on new administrative case law it is analyzed how the conditions for obtaining a dispensation should be interpreted. Finally comparative considerations are made. 10) CCCTB – Europa Kommissionens direktivforslag om en fælles selskabsskattebase Journal: Revision & Regnskabsvæsen (RR 2011, issue 7, pp. 40-49) Publisher: Thomson Reuters, Denmark Co-author: Jakob Bundgaard Summary: The article analyzes the European Commission's proposal which would allow multinational companies to determine their tax base under a new set of common rules rather than under up to 27 different sets of national rules. 9) En fælleseuropæisk konsolideret selskabsskattebase Journal: INSPI (2011, issue 7/8, pp. 6-13) Publisher: Thomson Reuters, Denmark Co-author: Jakob Bundgaard Summary: The article analyses the European Commission's proposal for a common consolidated corporate tax base in light of the principle of subsidiarity as set out in article 5 (1) and (3) in the Treaty on European Union. 8) Dobbeltbeskatningsoverenskomster og skatteundgåelse – Anvendelse af værnsregler Journal: Tidsskrift for international beskatning – Skat Udland (SU 2010, 253 – pp. 625-631) Publisher: Magnus Informatik, Denmark Co-author: Jakob Bundgaard Summary: The first part analyzes Danish anti-abuse measures with an international scope, including their relationship with tax treaties. The second part deals with general and specific anti-avoidance provisions in Denmark’s tax treaties. 4 Peter Koerver Schmidt Assistant Professor CBS, Law Department 7) Tax Treaties and Tax Avoidance – Application of Anti-Avoidance Provisions Journal: Cahiers de droit fiscal international (2010, vol. 95a, pp. 261-279 – IFA Branch Report, Denmark) Publisher: Sdu Fiscale & Financiële Uitgivers, The Netherlands Co-author: Jakob Bundgaard Summary: The first part of the report analyzes domestic anti-abuse measures with an international scope, including their relationship with tax treaties. The second part deals with general and specific anti-avoidance provisions in tax treaties. 6) Investeringsselskaber Journal: Tidsskrift for Skatter og Afgifter (TfS 2009, 567 – pp. 2747-2760) Publisher: Magnus Informatik, Denmark Co-author: Jakob Bundgaard Summary: If a company should be considered an investment company the company itself is not subject to Danish taxation. Instead the taxation is directed towards the shareholders of the investment company; which will be taxed according to a mark-tomarket principle. The article analyzes these rules in light of the amendments adopted by the Danish Parliament on 5 February 2009 (bill L 23). 5) Værdiansættelse af unoterede aktier ved overdragelse indenfor gaveafgiftskredsen Journal: Revision & Regnskabsvæsen (RR, 2008, issue 11, pp. 64-72) Publisher: Thomson Reuters, Denmark Co-author: Per Randrup Mikkelsen Summary: On the basis of recent case law it is analysed how the value of unlisted shares should be assessed for (gift) tax purposes when shares are transferred between related parties. Further, the article describes the specific valuation methods used for different kinds of companies – e.g. real estate companies, holding companies, “principal shareholder companies” and newly established companies – and highlights the impact previous restructurings and changes in the ownership structure can have when assessing the value. 4) En fælles EU-selskabsskattebase Journal: Tidsskrift for international beskatning – Skat Udland (SU 2008, 47 – pp. 95101) Publisher: Magnus Informatik, Denmark Summary: The article analyses the European Commission's plans to introduce rules which would allow multinational companies to determine their tax base under a new set of common rules rather than under up to 27 different sets of national rules. On the basis of three working papers published by the Commission the article describes the technical elements, the sharing mechanism and the administrative framework of the CCCTB. 5 Peter Koerver Schmidt Assistant Professor CBS, Law Department 3) Overdragelse af aktier med skattemæssig succession – pengetankreglen Journal: Tidsskrift for skatter og afgifter (TfS 2007, 671 – pp. 2805-2810) Publisher: Magnus Informatik, Denmark Co-author: Per Randrup Mikkelsen Summary: In the light of a National Tax Assessment Board Decision (TfS 2007, 365) the article analyzes when and how shares can be transferred with tax wise succession, cf. Sec. 34 in the Danish Act on Taxation of Capital Gains on Sale of Shares. 2) Medarbejderobligationer Journal: INSPI (2007, issue 3, pp. 16-19) Publisher: Magnus Informatik, Denmark Co-author: Søren Keller Summary: The article analyzes the provision on employee bonds in Sec. 7A of the Danish Tax Assessment Act that entails a favourably low taxation if the bonds are assigned to the employees as part of a general scheme open to all employees. 1) Beskatning af foreninger Journal: IUR-Information (2005, issue 9, pp. 8-10) Publisher: Institut för Utländsk Rätt, Jönköbing International Business School, Sweden Summary: The article deals with the Danish tax rules and case law concerning associations. Initially the article discusses the meaning of the term association with regard to distinguishing different legal entities for tax purposes. Subsequently the rules on calculation of taxable income are analyzed with an emphasis on the special provisions that entitles associations with a non-profit/social aim to deduct distributions and appropriations. 6 Peter Koerver Schmidt Assistant Professor CBS, Law Department Books and E-Books 5) Tax Risk Management Publisher: International Bureau of Fiscal Documentation Publication year: 2013 (updated 2014) Co-authors: Jakob Bundgaard, Karsten Gianelli and Katja Joo Dyppel. Mike Hammer (ed.). Contribution: Country chapter on Denmark (20 pages as PDF in the e-book/database). Summary: This e-book provides a comprehensive analysis of the current tax risk management framework and its development. The Danish country chapter includes sections on tax control framework, legislative and regulatory changes, approach of tax authorities, tax risk management in a global framework and future developments. 4) Dansk CFC-beskatning – I et internationalt og komparativt perspektiv Publisher: Karnov Group Publication year: 2013 Total pages: 610 Reviewed in: Ugeskrift for Retsvæsen (U.2014B.136/2) and Nordic Tax Journal, 2014, issue 2, pp. 228-230. Summary: Based on a traditional legal dogmatic method the book analyses the current Danish CFC regime for companies. The aim is to determine what should be considered valid law (de lege lata) and to provide suggestions for amendments/improvements (de lege ferenda). Moreover, the book analyses whether the Danish CFC rules should be considered in breach of EU law and/or Denmark’s tax treaties. The book is based on my PhD thesis that was successfully defended in 2013. 3) Kapitalfonde i dansk og international skatteret Publisher: Ex Tuto Publishing Publication year: 2010 Co-authors: Jakob Bundgaard (main author and editor), Niels Winther-Sørensen, Kim David Lexner Contribution: Section on “investment companies”, p. 70-94, and section on “new development concerning beneficial ownership of dividends and interest”, p. 225-244. Summary: The book contains an analysis of the main national and international tax issues with respect to Private Equity funds. 7 Peter Koerver Schmidt Assistant Professor CBS, Law Department 2) Immaterialret – indhold, værdiansættelse og skat Publisher: Thomson Reuters Publication year: 2008 Reviewed in: Ugeskrift for Retsvæsen (U.2009B.332) Co-writers: Lars Karnøe (editor), Lars Balslev, Jakob Bundgaard, Tinus Bang Christensen, Mikkel Gudsøe, Anders Lotterup, Mads Mortensen. Contribution: Chapter on tax aspects with respect to IPR, p. 367-412. Summary: The book contains a comprehensive analysis of applicable Danish intellectual property law combined chapters on valuation and taxation of intellectual property rights. The chapter on taxation deal with transfer of intellectual property rights, licensing and international tax aspects. 1) M&A Tax Fundamentals 2008 Publisher: International Bureau of Fiscal Documentation Publication year: 2008 Editor: Anuschka Bakker Contribution: Chapter on Danish tax law, p. 63-72 Summary: The book provides a comprehensive overview of tax regulation and documentation relevant to cross-border M&A activities. 8