HAY LAW
All practice areas

Tax cases

Cases before the tax authorities, the appeals system and the courts

Tax cases are rarely decided in one place. They develop, from audit and proposed decision, through the appeals bodies and ultimately before the courts.

HAY LAW advises and represents private individuals and businesses in complex and legally demanding tax matters. We take up the case where it stands and structure the process with the final outcome in mind.

We place weight on establishing the facts and documentation early. That is often decisive for the outcome, including if the case later goes to court.

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We assist with, among other things

  • 01Audits and requests for material from the Danish Tax Agency
  • 02Submissions on proposed decisions
  • 03Appeals before the Tax Appeals Agency and the National Tax Tribunal
  • 04Judicial review of tax decisions
  • 05Taxes and duties for businesses and individuals
  • 06The interaction between a tax case and criminal proceedings
01

Taxes and duties

The rules on tax and duties are complex, and a case involving the Danish Tax Agency or another authority can have significant financial consequences for both individuals and businesses.

We advise and represent clients in cases concerning tax, VAT and duties, from the first contact from the authorities to appeals and court proceedings.

If you or your business has received a request for information, a proposed decision or a decision from the Danish Tax Agency, the Motor Vehicle Agency or another part of the Danish Tax Administration, it can be important to have the case assessed early.

What is stated and documented at the beginning of the case can affect the entire subsequent process.

02

A tax case can create uncertainty

A tax case can be difficult to navigate and create considerable uncertainty, both financially and personally.

For many, it is the first time they face the tax authorities in an actual dispute, and it can be difficult to assess what the authority's enquiry means, how to respond, and what consequences the case may have.

It is important to us that you feel secure throughout the process. We therefore make sure that you continuously know where the case stands, how we assess it, what options and risks exist, and what the next step will be.

At the same time, we handle the dialogue with the authorities, the deadlines and the legal management of the case.

03

We assist in all phases of a tax case

A tax case can begin in many ways. It may, for example, be that the Danish Tax Agency requests information or documentation, carries out an audit or announces a change to your or your business's tax assessment.

We assist with, among other things:

  • Tax audits and enquiries from the authorities
  • Review of and response to requests for material
  • Objections to proposed decisions
  • Changes to tax assessments
  • Appeal cases
  • Court cases concerning tax and duties
  • Questions about cost recovery
  • Criminal tax cases
04

Appealing a decision from the Danish Tax Agency

If the Danish Tax Agency makes a decision that you or your business disagrees with, the decision can generally be appealed.

An appeal should not merely repeat the arguments already presented to the Danish Tax Agency. We therefore carry out an independent assessment of, among other things:

  • The factual circumstances of the case
  • The authority's legal basis
  • The evidence in the case
  • Relevant legislation and practice
  • The need for further documentation
  • Which points should be prioritised
05

Tax cases before the courts

We conduct appeals before, among others, the Tax Appeals Agency, the tax appeals boards and the National Tax Tribunal. If a tax case is not resolved administratively, it can be brought before the courts.

In litigation, what becomes decisive is not only how the tax rules should be interpreted, but also which facts can be proven, which documents must be presented, and how the case should procedurally be structured.

We conduct tax and duty cases before the district courts, the high courts and the Supreme Court. Already before a case is brought before the courts, we carry out an overall assessment of the case's strengths and weaknesses, the evidence, the litigation risk and the financial consequences of pursuing the case.

06

Which tax cases do we assist with?

We assist private individuals, business owners and companies in a wide range of tax and duty matters, including:

  • Majority shareholder taxation
  • Dividend in disguise
  • Taxation of salary and other income
  • Taxation of loans and withdrawals
  • The business tax scheme
  • Business and corporate taxation
  • Taxation on the purchase and sale of real property
  • Valuation
  • Deductions and operating expenses
  • International taxation
  • VAT
  • Registration duty
  • Excise duties and other charges
07

VAT and other duties

We also assist in disputes concerning VAT, registration duty and other charges. This may, for example, be cases concerning:

  • Denial of VAT deductions
  • Retroactive collection of VAT
  • VAT exemption
  • Registration duty
  • Valuation of vehicles
  • Excise duties
  • Energy duties
  • Other duty-related questions

We can assist both during the authorities' handling of the case and in a subsequent appeal or court case.

08

Binding rulings

In some situations, tax uncertainty arises before a transaction is carried out. If the tax consequences cannot be established with sufficient certainty on the basis of legislation and existing practice, it may be relevant to request a binding ruling from the Danish Tax Agency or the Tax Council.

This may, for example, be relevant in connection with:

  • Business restructurings
  • Change of ownership
  • Transfers
  • Investments
  • Real property
  • Major financial dispositions

We assist with the assessment of the question, the drafting of the request and the subsequent dialogue with the tax authorities.

09

When a tax case can have criminal consequences

An ordinary tax case can in certain circumstances develop into a criminal tax case. If the tax authorities assess that incorrect or incomplete information may have been provided intentionally or with gross negligence, the case may be transferred for criminal treatment.

This can, among other things, lead to a fine or, in more serious cases, criminal proceedings before the courts. It is therefore important, already during the ordinary tax case, to be aware of whether the information and explanations provided may matter in a later criminal case.

Read more about our advice on criminal tax matters
10

Cost recovery in tax cases

In many tax and duty cases, it may be possible to have part of the costs of legal assistance covered under the rules on cost recovery.

Whether cost recovery is available depends, among other things, on the type of case and the instance before which the case is heard.

We therefore also assess, as part of the case, the possibilities of cost recovery and the expected financial consequences of pursuing the case further.

11

Have you received a tax case?

If you or your business has received an enquiry, a proposed decision or a decision from the tax authorities, you are welcome to contact us. We can, among other things, help assess:

  • What the authority is claiming
  • Whether there are grounds to contest the case
  • Which documentation is required
  • How the case should be handled
  • The possibilities of appealing
  • The financial consequences of pursuing the case
  • Whether the case involves a risk of subsequent criminal treatment

The earlier the case is assessed, the better the opportunity will generally be to structure the right strategy from the outset.

Frequently asked questions

Frequently asked questions about tax cases

A letter from the Danish Tax Agency can be the beginning of an audit, a tax case or a VAT case. In some cases it can also develop into a criminal tax case. It is therefore important from the outset to gain an overview of what the case is about, what information the Tax Agency is relying on, and how best to respond. Here, our tax lawyers have gathered answers to some of the questions we most often hear from individuals and businesses.

See all questions and answers

The possible course of a case

  1. 01

    The Danish Tax Agency

  2. 02

    The Tax Appeals Agency

  3. 03

    The National Tax Tribunal

  4. 04

    The courts

The course depends on the individual matter. Not every case passes through all stages, and many are concluded earlier.

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Contact

Would you like to talk to us about your case?

We assess your case without obligation and tell you honestly what we can do, and what we cannot.