Taxes and duties are of great practical importance to both individuals and companies, and certain tax issues require legal advice from competent and solution-oriented tax lawyers. Our tax lawyers provide tax advice on a daily basis and have many years of experience advising a wide range of client types on complex tax law issues. We advise and assist private individuals, companies, corporations, associations, foundations, auditors and other professional advisors.

Our advice

At CLEMENS, we have - by virtue of our lawyers' many years of experience - built up in-depth knowledge of the complex legislation and practice that characterizes the tax area. We also keep up to date with legislative changes in the area and the rapidly evolving practice. Over the years, our lawyers have even had the opportunity to influence the development of practice in various ways.

Based on the applicable legislation and practice, we can identify the elements that are of great importance to your particular tax challenge and provide you with tailored legal assistance. Through our strong specialization, current knowledge and experience, we can help you find the most optimal and professional solution - even to very difficult challenges. In other words, we have the necessary expertise to ensure you the absolute best handling of any tax law issue, so you avoid subsequent unforeseen tax consequences or avert unforeseeable consequences of transactions already made.

Tax law in combination with other areas of law

Tax aspects often play a crucial role in the organization and planning of a wide range of business transactions, such as succession planning and restructuring. CLEMENS' specialization in tax, corporate and commercial law ensures you coherent, qualified and efficient advice. This gives you the best basis for taking care of all the relevant legal aspects of a given transaction. We help you to clarify and uncover all risks and pitfalls during the planning of the process and ensure that tax and duty issues are handled in a satisfactory manner. Based on your specific situation, we focus on avoiding inappropriate solutions that can have major tax consequences for you.

Binding answer from SKAT - tax hedging

For both private individuals and companies, tax law issues may arise that cannot be clarified with certainty through current rules and existing case law in the area. In these cases, it is often a good idea to seek clarification by requesting a binding answer from the Danish Tax Agency. In a request for a binding answer, you present the action you have taken or intend to take and the question(s) you want answered by the Danish Tax Agency, which will then issue a binding answer in relation to the tax consequences of the action.

The binding answer issued by the Danish Tax Agency is generally binding for five years and cannot be challenged by the Danish Tax Agency during this period. However, the binding effect presupposes that there have been no changes in the assumptions that have been decisive for the answer. In some cases, there is no time to request a binding response prior to an action. If you still want to hedge risk before taking action, it may be possible to include a tax reservation in the agreement. The tax reservation makes it possible to cancel or correct the agreement if the Danish Tax Agency challenges it. It is also possible to combine the tax reservation with a binding response, which makes it possible to render the agreement ineffective if the Danish Tax Agency subsequently issues a negative binding response.

When using a binding response request for hedging, the following is crucial:

  • The tax uncertainties associated with the transaction are correctly identified
  • The outline is described accurately and thoroughly
  • There has been genuine disclosure of the facts.

At CLEMENS, we have many years of experience advising on tax planning, including preparing and handling requests for binding responses from the Danish Tax Agency. Our tax lawyers help you assess when there is a need to obtain a binding response prior to a given action.

Do you need a tax lawyer?

Among other things, we advise on the legal and tax aspects of tax issues:

  • Company transformations and restructurings
  • Succession and business transfers
  • The corporate tax scheme
  • Inheritance and gifts, including gift certificates
  • Bankruptcy and Restructuring
  • Business start-up
  • Buying and selling real estate
  • Principal shareholder taxation
  • Incentive schemes (employee share schemes)
  • Personal taxation
  • National and international joint taxation
  • Moving to and from Denmark
  • Risk hedging when obtaining a binding response from the Danish Tax Agency
  • Complaints about decisions from the Danish Tax Agency

In addition, we regularly hold courses on relevant tax law topics, including succession and restructuring.

Why should you choose us?

Because you can trust that all relevant aspects are included in the handling of your case, so you avoid unforeseen consequences that have not been taken care of or you have not been made aware of. At CLEMENS, you will get an advisor who, with their deep specialization, experience and current knowledge in all areas of tax law, has the skills needed to advise you or your company in the most appropriate way. All relevant facts and circumstances will be taken into account.

Contact CLEMENS

If you are facing a tax challenge and need a tax lawyer, you are always welcome to contact CLEMENS for a non-binding discussion so we can help you find the best possible solution for you.

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