Offshore News
Denmark's strong position in tax planning could be seen for decades, but increased interest in this jurisdiction was born early in the new century. This new trend has emerged with the adoption of the Danish Government in 1999 a new law on holding companies. In this paper we will outline the key advantages of Denmark as a tax jurisdiction.
The main tool of the Danish tax planning is a holding company, thus recommended its legal form, if we find an analogue in our zakondatelstve - Closed Joint Stock Company (with elements of a limited liability company) - in the Danish version of this form is called ApS. This form is similar to the Dutch BV, a German GmbH and the UK Ltd, and meets the requirements of Danish tax treaties and EU directives. Denmark has about 4000 registered holding companies, most of them were registered in the past 5 years.
For trade-brokering is convenient to use the Danish partnership K / S to offshore parent companies or founders from outside the EU. Danish partnerostvo not pay any taxes at the place registrtsii actually being an analog of the classical offshore, but the partnership has the status of legal person - resident of Denmark. As a respectable genealnogo partner may be Swiss company, th will open an account in Switzerland and when it does not pay any taxes on Danish or under Swiss law.
Types of registered companies in Denmark
Public Limited - AktieselskabA Company / S or- Open Joint Stock Company
Private Limited- AnpartsselskabApS Company - closed or joint stock company with limited liability
General - PartnershipInteressentskabI / S - a orpartnership with unlimited liability
Limited -Partnership KommanditselskabK / S - Limited or Partnership
Branch -and branch Representation and representative office office of foreign company
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Requirements for the authorized capital (paid in cash before registration)
Aktieselskab or A / S - Open Joint Stock Company - DKK 500,000
Anpartsselskab or ApS - closed joint stock company with limited liability - DKK 125,000 (EUR 1 is approximately 05.07 Danish kroner)
Taxation
0% for partnerships, KS
28% for(actually companies 1-2% and from AS theApS results of the year)
The registration of a
Registration in the Danish Commerce & Companies Agency - Erhvervs & Selskabsstyrelsen
Potential founders of the company
Natural and legal persons (can be non-residents of Denmark)
The registered office and address
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Must be in Denmark
Purchase of ready-made company
Possibly including a bank account, paid the UV system and client-bank.
The duration of the registration
Company or partnership in Denmark, you can register for 4 weeks
Requirements for managing partnerships and companies
Management of the company may be the sole director or the board of directors, depending on the type of ownership.
Management Partnership carried out only by the general partners and directors in accordance with the provisions recorded in the memorandum
Meetings
Annually
Audited financial statements
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Mandatory
Disclosure of income in the balance sheet and annual reports
Statements shall be in the reduction of form without detaliztsiii kontagentov
Exchange control
No
Opening Included. Account For capital formation comes off the temporary account in the Danish or Swiss bank. If necessary, provide the service of capital formation. Vedeenie The register register of of shareholders shareholders is not a public
Open Joint Stock Company (Aktieselskab - A / S) is established at least three individuals or legal entities - residents or nonresidents of Denmark. The minimum capital of the company - DKK 500,000 (─ 1 equals approximately 7.5 DKK).
The company is managed by the Board of Directors, at least one of whom is appointed manager (general) director A / S. If the managing director is not resident in the European Union, the majority of the board of directors must be resident in the EU. Shareholders are entitled to be directors of A / S and vice versa.
Private company with limited liability - (Anpartsselskab - ApS) may be established by one natural person or legal entity - resident or nonresident of Denmark. Minimum paid-up capital amounts to DKK 125,000, opalachivaetsya cash sredtstvami before registaratsie Company. Management Company is entitled to one director (legal entity can not be a director ApS) - a
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resident of Denmark. If the registered capital exceeds ApS DKK 500,000, the company for its management shall form the Board of Directors, by analogy with the requirements for an open joint stock company.
Limited Liability Partnership (Kommanditselskab - K / S) - arranged at least one general partner with unlimited liability and one or more partners with limited liability.
The general partner of K / S may be both natural and legal person, resident or resident in Denmark.
K / S Managing Director, who may be a general partner or the person (natural or legal), he appointed, usually the director is a resident of Denmark, although the legislation does not stipulate restrictions.
All partnerships are established, usually with a nominal capital, such as the ─ 10000, unless the partners, based on the subjective interests of future business, certainly do not intend to write a memorandum that amount.
The names of directors and managers and general partners entered into the register of companies in Denmark moent registration. The names of the owners of companies and partnerships are not made in a public register of companies of Denmark
Public and private companies (A / S and ApS) in Denmark are subject to taxation at a rate equal to 28% which is deducted from the difference between gross income and gross expenditure of the company.
List of permitted gross expenditure in Denmark is very broad and thus adjust to an acceptable level of tax burden, which is one of the main advantages of Denmark to other EU countries.
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Another advantage is about tsutstvie tax (poshlniny) on the formation of equity, which is present in almost all EU countries, USA, CIS countries (the fee for issue of shares)
Limited Liability Partnership (K / S) is not subject to taxation in Denmark, in most cases. If the source of income of partnership, partners are themselves outside Denmark, under certain conditions, a partnership may not submit any declarations to tax authorities in Denmark. In this partnership should give the Registrar of Companies of Denmark the annual report, signed by the local accountant and auditor.
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