Generationsskifte i levende live efter L 123
Oversat titel
Inter vivos generational succession under L 123
Forfatter
Semester
4. semester
Uddannelse
Udgivelsesår
2026
Afleveret
2026-01-05
Antal sider
51
Abstract
This thesis examines the legal and fiscal framework governing intergenerational business transfers in Denmark, with a particular focus on the legislative reform introduced by L 123, adopted by the Dan-ish Parliament on 9 April 2025. The reform fundamentally restructures the rules applicable to succes-sion in family-owned companies by introducing three key elements: (1) a statutory right to apply a schematic valuation method, (2) a reduction of the estate and gift tax on the transfer of active busi-nesses from 15% to 10%, and (3) an expanded access to tax succession under the Danish Source Tax Act and the Share Gains Tax Act. The thesis applies the legal dogmatic method to identify, interpret, and systematise the applicable law, supported by statutory provisions, preparatory works, administrative guidelines, and relevant academic literature. To illustrate the practical implications of the reform, a case study of Cytex A/S, a medium-sized, family-owned Danish company, is used to demonstrate how the new rules can be applied to con-duct a tax-efficient, legally compliant, and financially sustainable succession. The analysis shows that the schematic valuation method significantly enhances predictability and legal certainty by replacing administrative discretion with objective calculation rules. When combined with the reduced gift tax rate and the possibility of tax succession, the model substantially lowers the liquid-ity burden typically associated with intergenerational transfers. At the same time, the reform increases documentation requirements and the professional responsibility of advisors, as compliance with the detailed calculation rules becomes decisive for obtaining the legal protection intended by the legisla-ture. L 123 introduces a coherent and future-oriented framework that facilitates well-planned, business-preserving successions in family-owned companies. By strengthening legal certainty, reducing liquidity pressure, and creating clearer administrative procedures, the reform enables companies such as Cytex A/S to be transferred to the next generation in a manner that safeguards both the continuity of the business and the state’s long-term tax base.
Emneord