Denmark Legal Update H2 2018
Kromann Reumert provides you with insight into the latest legal news in Denmark across practice areas and industries. In this edition we keep you updated on some of the most relevant news in H2 2018.
THE EUROPEAN COMMISSION APPROVES AID FOR RENEWABLE ENERGY IN DENMARK
The European Commission has approved three aid schemes to support electricity production from wind and solar facilities in Denmark. The aid totals DKK 1,082 billion, which is to be granted over a 20-year period.
NEW RULING OPENS UP THE POSSIBILITY FOR DEFINITIVE TAX LOSSES IN FOREIGN JURISDICTIONS TO BE USED IN DENMARK
On 12 June 2018 the Court of Justice of the European Union ("CJEU"), in a preliminary ruling requested by the High Court of Eastern Denmark (C-650/16), ruled in favour of the Danish company, Bevola. The ruling concerned the question of whether Bevola could deduct from its taxable income in Denmark the losses incurred by a terminated foreign permanent establishment.
MORE FREEDOM OF CONTRACT IN RESPECT OF STOCK OPTION SCHEMES
In October 2018, the Danish Minister for Employment proposed a Bill to amend the Danish Stock Option Act to create more freedom of contract and clarify the rules governing stock incentive schemes. The amendments entered into force on 1 January 2019.
NEW REPORTING RULES FOR SHARE-BASED REMUNERATION
On 1 January 2019, a new Danish Tax Reporting Act entered into force. The introduction of the new Act has resulted in an expansion of the previous rules on tax reporting obligations in respect of grants of shares, options, and warrants through share-based salary and incentive schemes.
HOW TO HANDLE BREACHES OF THE DATA PROTECTION RULES
On 25 May 2018 – the same day that the General Data Protection Regulation entered into force – the Director of Public Prosecutions issued a notice describing how breaches of the data protection rules will be handled.
THE NEW DANISH TRADEMARKS ACT: FIVE CHANGES TO NOTE
On 1 January 2019, the new Danish Trademarks Act entered into force, but what are the consequences? If you hold a trademark or contemplate registering a trademark, you should pay attention to five important changes.
TRANSFER PRICING – "LARGEST DANISH TAX MATTERS EVER": DANISH SUPREME COURT RULES IN FAVOR OF TAXPAYERS
In November 2018, the Danish Supreme Court held 7-0 against the Danish Revenue in two major transfer pricing matters argued by Kromann Reumert's tax team lead by partner Arne Møllin Ottosen before the Court, setting aside the valuation method applied by the Revenue in those matters.