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Denmark Issues Guidance on Taxation of Interest Income when Denied as a Deduction Under Thin Cap Rules of Another EU/EEA Member State

10 January 2019

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Approved Changes

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Denmark

On 7 January 2019, the Danish tax authority issued guidance in relation to the taxation of interest income in Denmark in cases where the deduction of the interest payment was limited by thin capitalization rules of another EU or EEA Member State. The guidance follows the amendment of the thin capitalization rules approved in September 2018 as a result of an EU court judgment that the rules violated the EU freedom of establishment because such interest could be exempt for the creditor if the debtor was in Denmark, but not if the debtor was in another Member State.   The guidance...