EXPERIENCE
Bodil Tolstrup has considerable experience as a tax advisor and tax litigator and has prior to becoming a lawyer worked as an legal officer with the National Danish Tax Tribunal (administrative tax court). Bodil Tolstrup provides advice on all aspects of Danish tax law, including EU tax law and double taxation treaties.
RECENT REFERENCES
- Tax case for a US held Danish subsidiary regarding a failed increase of share capital of approx. USD 50m which was deemed to be a taxable contribution to the Danish subsidiary. Case was won before the Tax Tribunal but appealed by the Ministry of Taxation to the high court where the case is now pending.
- Tax case regarding deductability of management fees for venture fund (Symbion Capital). Case was won at the Tax Tribunal in 2007, lost before the High Court in 2009 and won before the Supreme Court in 2011.
- Tax advisor to some of Denmark's largest unions including United Federation of Danish Workers (Fagligt Fælles Forbund) and The Danish Metalworkers' Union (Dansk Metal) on matters of employee taxation.
- Tax case before the High Court regarding refund of registrations duties on cars. The pricipal matter in the case was whether the car dealers requesting a refund had submitted the request to later. The ministry relinquished the case and accepted the refund in 2011.
- Tax advisor on restructuring of nordic divisoon of large US bank, 2010-2011
- Beneficial owner tax controversy for multinational regarding +EUR 70m, pending
- Advice and defence paper regarding beneficial ownership of interest and dividends paid by a Danish company to an Austrian company which in turn was held by a company in the United Arab Emirates. The tax authorities relinquished the case in 2011.
- Tax advice regarding Technology Crossover Ventures (TCV) acquisition of a significant minority equity position in Sitecore, the Danish Web Content Management (WCM) software business. Tax advice made complicated due to the structure held by the founders of Sitecore and key employees.
- Tax case regarding foreign pension funds claim that the Danish withholding tax on dividend violates the EC Treaty. Case brought before the high court in 2011.
MEMBERSHIPS AND POSITIONS OF TRUST
- Member of the Danish Bar Association
EDUCATION AND PROFESSIONAL BACKGROUND
- Senior Associate, Hannes Snellman, Copenhagen, 2011
- Senior Associate, Bech-Bruun lawfirm, Copenhagen, 2005 - 2010
- Legal Officer, National Danish Tax Tribunal, 2003 - 2005
- Knowledge Associate, Norrbom Vinding lawfirm, 2002 - 2003
- Masters’ degree in Law, Copenhagen University, Copenhagen, 2002
PUCLICATIONS
- Deductibility of management fees – commenting on the Supreme Court judgment, TfS 2012, 191
- Withholding Taxation of dividends and interest - Reflections on the issue of tax payer identification, hearing obligations and time limitations SU 2011.370
Liability for unpaid withholding taxes on dividends, SU 2010.386 - Beneficial Ownership – Withholding Tax on Dividends and Interest from the Danish Perspective, Bulletin for International Taxation, p. 503 September 2011.
- Denmark Introduces Anti Avoidance Measures Targeting Cross-Border Mergers, Tax Notes International, April 2011
- Finance Minister announces agreement on corporate tax cut
- Legislation targets antiavoidance cross-border mergers
- Co-author of the Danish section in IBFD's Bulletin for International Taxation, volume 65, number 9, 2011
- Co-author of the Danish section in Tax Management International - Forum, volume 32, number 2, 2011
- Deductibility of management fees for private equity funds, TfS no. 21 May 2010
- Per diem payments to Danish employees vol. 1and vol. 2, TfS no. 7 and 8, March 2010
- Deductibility if Acquisition Costs, Management Fees Remains Unclear, Tax Notes Int. p.22, October 2006
- Per diem payments to Danish employees, TfS 2006, 909, 2006
Other journals: