Ruling on Taxation of SAFE

Published 6 November 2020

PrintCategory: Taxation / VAT

On 23 October 2020, the Danish Tax Agency published a ruling from the Danish National Tax Board regarding taxation of a SAFE (Simple Agreement for Future Equity) issuable by a US company.

According to the ruling, the SAFE should be taxed in accordance with Section 4(f) of the Danish Central Government Taxation Act, which governs the taxation of lottery, other gambling and betting.

The ruling can be found here (in Danish)

Tags:  Cross-BorderVenture Capital


Also tagged ‘Cross-Border’

11 Feb 2025 Corporate RegulationUpdates

EU Commission calls for review of certain outbound investments

On 15 January 2025, the European Commission issued a recommendation urging EU Member States to review investments out of EU for risks of enabling technology transfers/leakage into third countries (‘outbound investments’).

Cross-Border
19 Feb 2024 Corporate RegulationUpdates

EU Proposal to expand the EU FDI-regulation

The European Commission has published a first draft of a revised regulation on the screening of foreign direct investments (“FDI”).

Cross-BorderGovernance
21 Mar 2023 Taxation / VATUpdates

New countries have been added to the EU tax blacklist

On 14 February 2023, the British Virgin Islands, Costa Rica, the Marshall Islands, and the Russian Federation have been added to the EU tax blacklist by the EU Council.

Cross-BorderGovernance
14 Feb 2023 Impact and ESGUpdates

New development in Green Deal Industrial Plan

On 9 February 2023, a summit was held in the European Council in which, among other things, a green industrial plan and other measures to secure EU’s competitiveness going forward were discussed.

Cross-BorderGovernanceSustainability
2 Feb 2023 Impact and ESGUpdates

EU unveils plan for future Net-Zero Industry Act and European Sovereignty Fund

Recently, the EU Commission presented a plan for a Net-Zero Industry Act and a European Sovereignty Fund as part of a bigger Green Deal Industrial Plan. The initiatives shall be seen in connection with the European Green Deal and the goal of making EU climate neutral by 2050.

Cross-BorderGovernanceSustainability
6 Jan 2023 Impact and ESGUpdates

EU Legislation Takes Action Against Greenwashing

Lately, EU has sharpened its focus on preventing greenwashing as well as strengthening the sustainability reporting requirements. One step, among others, is the recent passing of the CSRD. Another is a proposal published in March 2022 by the European Commission with amendments for the Directive 2005/29/EC on Unfair Commercial Practices (UCPD) as well as the Directive 2011/83/EU on Consumer Rights.

Cross-BorderDanish RegulationSustainability
6 Dec 2021 AIFsEuVECAUpdates

Danish FSA Clarifies New Pre-Marketing Rules

The pre-marketing rules provided by the Cross Border Directive was transposed into Danish law on 1 July 2021.

AIFMDCross-BorderPre-Marketing
22 Oct 2021 AIFsEuVECAUpdates

ESMA has Issued Guidelines on Marketing Communication

The guidelines apply to all marketing communication addressed to investors or potential investors for AIFs, including amongst others when they are set up as EuVECAs.

Cross-BorderESMAMarketingPre-MarketingVenture Capital
2 Sep 2021 AIFsArticlesEuVECA

New Rules Preclude Sub-Threshold Fund Managers and Semi-Professional Investors from Pre-Marketing

On 1 July 2021, new rules governing pre-marketing activities of managers of alternative investment funds entered into force in Denmark. The new legislation incorporates the pre-marketing definition and requirements of the Cross-Border Directive into Danish law.

AIFMDCross-BorderPre-Marketing
9 Aug 2021 Corporate RegulationImpact and ESGUpdates

Commission Delays Application Date for the ESG Disclosure and Taxonomy Regulations

The Commission has postponed the date of application of the detailed regulatory technical standards (RTS) under the ESG Disclosure Regulation and the Taxonomy Regulation by six months from 1 January 2022 to 1 July 2022.

ComplianceCross-BorderDanish Regulation
6 Aug 2021 Corporate RegulationImpact and ESGUpdates

Commission Clarifies Questions of Interpretation Regarding ESG Disclosures

The Commission has answered a number of questions from the European Supervisory Authorities (ESAs) regarding the ESG Disclosure Regulation.

ComplianceCross-BorderDanish Regulation
1 Jul 2021 AIFsEuVECAUpdates

New Pre-Marketing Regime has been Transposed into Danish law

The new pre-marketing regime provided by the Cross-Border Directive has by 1 July 2021 been transposed into Danish law.

AIFMDCross-BorderPre-Marketing
10 May 2021 ArticlesInvestors Regulation

New Danish Act on Screening of Foreign Direct Investments

The new act on control of foreign direct investments (the “Act”) was adopted on 4th May 2021. The Act introduces a new framework for government screening of foreign investments and certain types of agreements with Danish companies.

ComplianceCross-BorderDanish Regulation
23 Aug 2019 AIFsArticlesEuVECA

Pre-marketing of AIFs and EuVECA Funds

Following the recent amendments to the AIFM Directive (“AIFMD”) and the EuVECA Regulation, this article discusses the new rules on pre-marketing covering both AIF and EuVECA Funds.

AIFMDCross-BorderPre-Marketing
21 Jun 2019 AIFsEuVECA

Council Approves Regulation on Cross-Border Distribution of AIFs

On 14 June 2019 the Council adopted the new regulation on facilitating cross-border distributions of AIFs.

Cross-BorderMarketingPre-MarketingVenture Capital
21 Jun 2019 AIFsEuVECA

New Directive to Amend AIFMD has been Adopted

On 14 June 2019 the Council adopted the new directive amending i.a. the Alternative Investment Fund Managers Directive (AIFMD).

AIFMDCross-BorderMarketingPre-MarketingRetail InvestorsVenture Capital
23 May 2019 AIFs

EU Parliament Approves Final Compromise to Amend AIFMD

Highlights include a definition of pre-marketing, rules on de-notification in countries with no investor interests and rules on facilities made available to retail investors.

AIFMDCross-BorderMarketingPre-MarketingRetail Investors
16 Apr 2019 AIFsArticlesEuVECA

Cross-Border Distribution of Collective Investments Undertakings

On 16 April 2019, the European Parliament adopted the European Commission's initiatives to improve the efficiency of cross-border distribution of Alternative Investment Funds (AIFs) and EuVECA funds by increasing transparency and harmonising diverging national rules.

AIFMDCross-BorderMarketingPre-MarketingRetail InvestorsVenture Capital
16 Apr 2019 AIFsEuVECA

EU Parliament Approves Final Compromise on Proposed Regulation on Cross-Border Distribution of AIFs

The new regulation establishes uniform rules on i.a. fees and charges, and it amends the EuVECA regulation to include a pre-marketing definition.

Cross-BorderMarketingPre-Marketing

Other updates

20 Feb 2025 Financial RegulationUpdates

The Danish FSA has updated the report on fitness assessments

On 5 February 2025, the Danish FSA published a new and updated version of its report detailing its practice regarding the fitness assessment of board members, executive management members and key persons in financial businesses.

Danish RegulationGovernanceThe Danish FSA
11 Feb 2025 Corporate RegulationUpdates

EU Commission calls for review of certain outbound investments

On 15 January 2025, the European Commission issued a recommendation urging EU Member States to review investments out of EU for risks of enabling technology transfers/leakage into third countries (‘outbound investments’).

Cross-Border
7 Feb 2025 Updates

The Danish government has presented bills for implementing the NIS2 Directive and the CER Directive

On 6 February 2025, the bills for implementing the NIS2 Directive and the CER Directive were presented by the Danish government to the Danish Parliament.

CERCybersecurityNIS2
5 Feb 2025 Impact and ESGUpdates

EU Competitiveness Compass – ESG takeaways

29 January 2025, the EU Commission published its Competitiveness Compass which sets out a compass that will guide the work in the coming five years and lists priority actions to reignite economic dynamics in Europe, according to the communication.

CSDDDCSRDDisclosure RequirementsSFDRSustainability
5 Feb 2025 Taxation / VATUpdates

New advance tax rulings expand the scope of carried interest taxation

According to two new advance tax rulings from the Danish Tax Assessment Council (SKM2025.46.SR and SKM2025.47.SR), under certain circumstances, investments directly in portfolio companies owned by a private equity or venture capital fund may also be subject to taxation under the carried interest taxation scheme.

Venture Capital
3 Feb 2025 Impact and ESGUpdates

The Omnibus Simplification Package and how it may impact EU’s ESG regulation

In the end of 2024, the European Commission President Ursula von der Leyen indicated that existing and future EU ESG reporting obligations may be consolidated into an “omnibus” regulation with the purpose of reducing reporting requirements.

CSRDDisclosure RequirementsSustainability