Juridical Double Taxation and Economic Triple Taxation of Shareholder Loans in Denmark: “Cum In” under Danish Tax Law

Journal
Denmark
European Taxation 2020 (Volume 60), No. 8
This article, which examines domestic juridical double and economic triple taxation of shareholder loans, concludes that such taxation (i) can result in an effective top marginal tax rate exceeding 100%; (ii) raises issues under, for example, the European Convention on Human Rights (right to property); and (iii) represents, for the individual, a form of “cum in”, i.e. the equivalent of the “cum ex” that was the basis of a major tax fraud scandal in Europe.