On 24 May 2002, the Danish Parliament adopted a new law extending the possibilities for succession in the transfer of majority shareholders' shares and in the transfer of a personally run company.
1. Close associates
So far, it has only been possible for close family members to succeed through the transfer of a personally owned company or shares.
In future, it will also be possible for close associates to apply the rules of succession.
Close associates are defined as:
- Persons who, for a period of four income years prior to the transfer, have been employed in the company full-time for a total of three years
The employee must be employed full-time at the time of transfer.
It also introduces the possibility of:
- Stakeholders, limited partners, shareholders and others who have previously been full-time employees of the company for at least three years, as set out above, may also apply the succession rules if this happens within five years of the first acquisition of a share in the company by the former employee.
2. Increasing the succession threshold
The limit on the proportion of a company's income and assets that can be of a financial nature or consist of rental properties is raised from 25% to 50%. This will also allow succession in the case of more well-consolidated companies.
Similar amendments have been introduced to Section 29 of the Death Residence Tax Act and Section 15 A of the Pension Tax Act on pension schemes for former self-employed persons and Section 22 c of the Corporate Tax Act on the calculation of capital return on the purchase of shares.
Entry into force
The Act takes effect from 1 July 2002.
Disclaimer
The above information is for guidance purposes only, and we accept no responsibility for decisions made based on this information without prior individual advice. We accept no responsibility for errors or omissions.
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