Rules Concerning the Tax Treatment of Equity Compensation to Employees in Startups

Published 25 September 2020

PrintCategory: Taxation / VAT

On 21 August 2020, the Danish Ministry of Taxation published for consultation a draft proposal according to which previously adopted amendments to the Danish Tax Assessment Act concerning the tax treatment of equity compensation to employees in “startups” will enter into force on 1 January 2021.

The amendments will expand the application of certain favourable rules on the tax treatment of equity compensation to employees (section 7 P of the Danish Tax Assessment Act) to allow employees in “start-ups” to receive equity compensation of a value corresponding to up to 50% of their annual salary at the time of grant without such compensation being taxed as salary.

Application of the rules will be subject to fulfillment of various conditions, including that (a) at the time of grant, the “start-up” must have had no more than 50 employees in one of the two most recently presented annual financial statements, (b) at the time of grant, the “start-up” must have had a net revenue not exceeding DKK 15 million or a balance sheet total not exceeding DKK 15 million in one of the two most recently presented annual financial statements, and (c) “the start-up” must have been active in a market for less than five years before the calendar year in which the agreement with the employee is concluded.

Next steps: The consultation period ended 18 September 2020 and we expect the draft proposal to be presented in parliament during autumn 2020.

See the draft proposal presented for consultation here (in Danish).

Tags:  Danish RegulationVenture Capital


Also tagged ‘Danish Regulation’

9 May 2020Taxation / VAT

Entry into Force: Guidance Signal Excluding Certain Alternative Investment Funds from VAT Exemption on Management Fees

On 7 May 2020, a guidance signal which excludes certain alternative investment funds from VAT exemption on management fees entered into force.

Danish RegulationManagement Remuneration
7 Nov 2019Taxation / VAT

Guidance Signal Excluding Certain Alternative Investment Funds from VAT Exemption on Management Fees is Adopted by the Danish Tax Agency

On 7 November 2019 the Danish Tax Agency presented its guidance signal concerning the rules on VAT exemption for management fees for management of investment undertakings.

Danish RegulationManagement Remuneration
24 Sep 2019Financial Regulation

Proposal to Increase Certain Requirements for Managers under the AIFM and AML Act Published for Consultation

On 28 August 2019 the Danish FSA (in Danish: Finanstilsynet) published for consultation a draft proposal to change, among others, the Danish AIFM Act and the Danish AML Act.

ComplianceDanish RegulationKYC / AMLWhistleblowing
2 Jul 2019Other Compliance Requirements

Japan Deemed a Sector Specific, Safe Third Country by the Danish DPA

Transfer of personal data from Denmark to (private) organisations in Japan that are subject to the APPI will not require prior approval from the DPA.

ComplianceDanish RegulationGDPR
11 Jun 2019Other Compliance Requirements

Danish Company Faces Prosecution and a Fine of DKK 1.5 mill. for GDPR Violation

On 11 June 2019, the Danish Data Protection Agency ("DPA") has reported a Danish furniture company to the Danish police for not deleting information on approx. 385,000 customers.

ComplianceDanish RegulationGDPR
2 May 2019Corporate RegulationFinancial Regulation

Danish Parliament Strengthens Registration Requirements of Ultimate Beneficial Owners

On 2 May 2019, the Danish Parliament adopted amendments to the Danish Companies Act, which implements part of the 5th EU Anti-Money Laundering Directive.

Beneficial OwnershipComplianceDanish RegulationDisclosure RequirementsKYC / AML
25 Mar 2019Other Compliance Requirements

Fine of DKK 1.2. mio. Recommeded for Taxi Company’s Storage of Costumer Phone Numbers

On 25 March 2019, the Danish Data Protection Agency submitted a notice to the Danish police regarding a Danish taxi company’s violation of GDPR for storage of customer phone numbers.

ComplianceDanish RegulationGDPR
13 Mar 2019Corporate RegulationFinancial Regulation

Proposal to Strengthen the Registration of Ultimate Beneficial Owners

On 13 March 2019, the Danish Government presented a proposal for an amendment of various acts including the Danish Companies Act which implements part of the 5th EU Anti-Money Laundering Directive concerning the registration of ultimate beneficial owners.

Beneficial OwnershipComplianceDanish RegulationDisclosure RequirementsKYC / AML
8 Mar 2019Taxation / VAT

Guidance Signal Excludes Certain Alternative Investment Funds From VAT Exemption on Management Fees

On 8 March 2019, the Danish Tax Agency published a draft guidance signal for public hearing. If implemented, the guidance signal will exclude certain alternative investment funds from VAT exemption on management fees.

Danish RegulationManagement Remuneration
27 Feb 2019Financial Regulation

New Proposal to Implement Authority to Enforce the PRIIPS-Regulation Into Danish Law

On 27 February 2019, the Danish Government presented a proposal for an amendment of the Danish AIFM Act giving the Danish Financial Supervisory Authority competence to enforce the PRIIPs regulation.

ComplianceDanish RegulationDisclosure RequirementsKID / PRIIPSWhistleblowing
26 Feb 2019Taxation / VAT

EU Court of Justice Issues Ruling in Danish Beneficial Ownership Cases

The CJEU judgments will likely have a big impact on international group structures and will also contribute to the interpretation of the anti-abuse principles of EU law and the "beneficial owner" concept.

Beneficial OwnershipDanish Regulation

Other updates

6 Nov 2020Taxation / VATUpdates

Ruling on Taxation of SAFE

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.

Cross-BorderVenture Capital
4 Nov 2020AIFsUpdates

New Requirements to Marketing of Non-EU AIFS in Denmark

EU and non-EU AIFMs submitting an application for marketing of non-EU AIFs to professional investors in Denmark will be subject to new requirements. The Danish FSA has issued a new Executive Order, which enters into force on 1 January 2021.

AIFMD
27 Oct 2020AIFsUpdates

The European Commission Publishes Consultation on the Review of the AIFMD

On 22 October 2020, the European Commission published its consultation on the review of the AIFMD seeking the views from stakeholders on how to achieve a more effective and efficient functioning of the European AIF market.

AIFMDAIFMD review
27 Oct 2020AIFsUpdates

Consultation on EU Rules for Long-Term Investment Funds

On 19 October 2020, the European Commission launched a public consultation on the European Long Term Investment Fund (“ELTIF”) legal framework.

AIFMDAIFMD review
12 Oct 2020Financial RegulationImpact and ESG

EU Commission Completes Consultation on EU Green Bond Standard

The Commission has completed a public consultation on the proposal for a EU Green Bond Standard. The consultation proposes to use the EU Taxonomy to define green bonds.

AIFMDSustainability
4 Sep 2020AIFs

ESMA Publishes Letter to the European Commission on the AIFMD Review

On 19 August 2020, ESMA published a letter to the Commission, outlining areas it should consider during the forthcoming review of the AIFMD.

AIFMDAIFMD reviewESMA