Denmark: Proposal to amend the reclaim deadline for tax refunds
A new proposal has been issued by the Danish Minister of Taxation concerning a reduction of the deadline for reclaims of Danish dividend withholding tax from five to three years after the date on which the tax was levied.
The general statutory deadline for Danish tax reclaims is currently three years. However, specifically for reclaims on dividend withholding tax, the five year deadline has been applied by the Danish Tax Authorities as market practice, based on their interpretation of EU law. The proposal would bring the deadline for tax reclaims of Danish dividend withholding tax in line with the general three year statutory deadline.
The proposal could, if approved, already be applicable once the Tax Authorities would issue a new administrative guidance. It is therefore strongly recommended, that reclaim requests close to the proposed three year limit, are submitted as soon as possible to ensure that they will still be within the new proposed deadline.
We continue to monitor the Danish market as more information becomes available.
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