Deloitte Société d'Avocats

France and Denmark sign new tax treaty

This article was first published on Tax@Hand, and is reproduced on this blog with the authorization of its authors.

On 4 February 2022 France and Denmark signed a new tax treaty, more than 13 years after the government of Denmark terminated their previous tax treaty on 10 June 2008, which ceased to apply as from 1 January 2009.

The new treaty generally follows the 2017 OECD model treaty and is inspired by the MLI (Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting).

As the treaty was signed after France and Denmark each deposited their MLI ratification instrument, it will not be considered covered by the MLI. However, it includes numerous key provisions of the MLI:

The maximum rates of withholding tax provided by the treaty are:

The tax treaty must now be approved by the French and Danish parliaments before being ratified by each country. It will enter into force on the day following the reception by each contracting state of the other state’s ratification instruments.

It will generally apply as from 1 January of the year following the entry into force.