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Danish Tax Authority Holds Storage Facility and Employees May Constitute Permanent Establishment Under Treaty with Ireland and MLI Anti-Fragmentation Rule

26 August 2022

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Treaty Development

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Denmark-Ireland

The Danish Tax Administration recently published a binding answer from the Tax Council regarding the permanent establishment implications for an Irish company (H1). H1 belongs to a group, the H Group, which is the market leader for certain products (X products) and has a significant presence in several countries. In Denmark, the H Group has acquired a number of businesses owned and operated by a Danish group company H2. H2 functions as the Danish sales company and is also responsible for marketing and pricing of the products. The H Group also owns and operates a number of storage facilities for...