This article focuses on the acquisition of Danish companies by foreign capital funds. Capital funds have now been denounced as tax evaders in Denmark, and the Danish government, including the Danish ministry of taxation, introduced measures to safeguard against the actions of capital funds on Danish territory in 2007. This article discusses the consequences of these measures and analyses their core elements in the light of Community law. Special attention is given to Danish rules on thin capitalization, CFC taxation, and the most recent safeguard against foreign takeovers which applies new a EBIT model.
Intertax