An old proverb says that injury makes you wise, but rarely rich — on the contrary, it can make you poor. This is especially true when it comes to erroneous tax dispositions.
The Danish Tax Administration has a duty to provide guidance, but not a duty to advise. The duty stems from section 7 of the Danish Public Administration Act:
"An administrative authority must, to the extent necessary, provide guidance and assistance to persons who make inquiries about questions within the authority's area of responsibility."
But the duty of guidance does not go so far as to require the Tax Administration to give advance notice of the outcome of any future disposition. It is only non-binding guidance based on the information available. Unless you apply for a binding ruling.
If you are uncertain what a transaction will mean for your, or your company's, payment of tax, VAT, or duties, you can apply to the Tax Agency for a binding ruling. You may ask about the consequences of something you intend to do, or of something you have already done.
Our experience is that the wording of the request greatly influences the answer received. We assist with strategy, drafting, and submission of the supporting documentation. The Tax Agency's processing time is typically two to six months — and ensuring that all relevant legal and factual circumstances are presented from the outset saves valuable time.