Succession on transfer of majority shareholders' shares

Ved en lov vedtaget den 7. december 2000 kan der hverken i levende live eller ved død ske succession efter aktieavancebeskatningsloven

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Oversigt

A law adopted on 7 December 2000 does not allow succession under the Share Advancement Taxation Act in the following cases, either in the case of living or death:

  • These are shares in a company whose business consists to a significant extent of renting real estate, holding cash, securities, etc.

The rental of immovable property in group relationships is not included.

Entry into force

The provision shall apply to transfers made on or after 4 October 2000.

The rules to date

Pursuant to Section 11 of the Share Advancement Taxation Act, the buyer enters the seller's tax position in the following cases:

  • The transfer is made to children, grandchildren, siblings and children or grandchildren of siblings
  • These are main shareholders' shares
  • Each transfer shall be at least 15% of the voting value

However, this does not apply under the new law to shares in holding companies or companies where the business consists to a significant extent in the rental of immovable property.

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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