The great hypocrisy - a new article about the "beneficial owner" cases

Partner and Attorney-at-Law Hans Severin Hansen has published an article about the so-called "beneficial owner" cases in Tidsskrift for Skatter og Afgifter (Danish Journal for Taxes and Duties) no. 26 2011.

These days the Ministry of Taxation is leading a crusade against Danish companies that have omitted to withhold tax at source in connection with the payment of dividend or interest to intermediary holding companies abroad. It is claimed that the companies are liable for the tax that has not been withheld. 

The purpose of this article is to demonstrate that the Ministry of Taxation has previously been of the opinion that there was no basis for claiming that tax be withheld and that the legislature concurred in this opinion. Today the Ministry of Taxation interprets the concept of "beneficial owner" differently than previously. The legal consequence is that the claims relating to tax at source cannot be asserted towards the Danish companies. 

Hans Severin Hansen is conducting a number of cases, among these the two first legal actions, in this extensive group of cases.

Read a translation of the article "The great hypocrisy - the "beneficial owner" cases".

The reference to the article is "TfS 2011 537". 

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