Liljekonvalfonden Køge 2023
Now is the time to apply for a grant from the Liljekonvalfonden 2023. In November 2023, the foundation will award a number of scholarships in the following three areas; scout, gardener and music. The purpose of the foundation is to provide support for: MUSIC:Education and study grants for young singing and musical talents in the Køge area within classical musicGARDENER:Younger gardeners under 30 for training and travelSCOUT:Work for scout groups in the Køge area The scholarship will be paid out in November 2023 Contact for questionsLawyer Claes Lagerbon Jensen, claj@dslaw.dk or 5664 0968 Send application Application deadline: 10 October 2023 Application link gardener Application link music Application link scout
Unmarried cohabitants – what rights do you have when cohabitation is terminated?
When you are married, everything is regulated in legislation – almost down to the smallest detail. But if, on the other hand, you live with your girlfriend, there are only a few rules that you can rely on. In this article, you can read more about some of the most problematic situations in a cohabitation annulment. When you live in a cohabitation relationship at a shared residence, you are not spouses, but only unmarried cohabitants in the sense of the law. Unmarried cohabitants differ from spouses in that there is no automatic change in the financial position between the parties or the right to inherit from one another when you move in together. The parties in a cohabitation relationship do not have community property, but the parties each own their own assets and dispose of them alone. In addition, you are only liable for your own debt and not that of the joint supplier. You can easily own an object in joint ownership. This could be, for example, that you buy a new sofa, where you share the cost. Then one party will own 50% of the sofa, while the other party will own the other 50% of the sofa. When terminating cohabitation, one must be aware that, in general, maintenance or compensation cannot be demanded for a lopsided division of joint expenses during cohabitation. Below, there is a bit about the most problematic things when cohabitation is terminated. Car If the parties have bought a car together and taken out a joint loan, then a solution must be found for what should happen to the car. If you have taken out the loan together, both parties are liable for the debt. If a party wants to take over the car, you should make sure that the loan is also taken over together with the car. Rental property If you have lived together for at least 2 years and have had a relationship of mutual financial dependence, you can agree upon dissolution of cohabitation which of the parties shall have the right to continue the tenancy of the rental property, the one that has served as the couple’s shared residence. If no agreement can be reached, a judgment can be made on the right to continue the tenancy. If both parties are employed as tenants in the lease, you can only terminate on your own behalf. You cannot therefore demand that the other party be thrown out of the apartment. Real estate If only one party owns the property, then that person has the right to change the locks and ask the other party to move out. If both parties own the property and you have not entered into a co-ownership contract over the property, then the property must either be transferred entirely to one party, or both parties must sell the property. Proceeds from the entire property will have to be divided equally at a sale. If one party does not want to sell his share of the property or to take over the other party’s share of the property, a problem arises. Most buyers do not want to buy 50% of a property where another person lives. Therefore, the joint ownership of the property must be dissolved instead. If the parties own more than the joint property together, then the probate court can help dissolve joint ownership of the property. If the parties only own the property together, then the joint ownership must be dissolved by a letter to the other party, and the property can be put up for voluntary auction through the bailiff’s court. Do you need advice or help to move forward? Then contact us today on +45 5663 4466 or write to us at kontakt@dslaw.dk By associate attorney Mette Tarp Pedersen
Purchase of property at foreclosure
What conditions should you be aware of if you want to buy real estate at foreclosure? What is a foreclosure? A forced auction is a forced sale of e.g. an immovable property, but also movable property can be subject to being sold at forced auction. An immovable property can be requested via the Bailiff’s Court to be sold at a forced auction if the owner does not pay his debt and the creditor has security for the monetary claim in the property. The current situation in Denmark New figures for October from Statistics Denmark show that the number of forced auctions is still low, but there has been an increase in recent months. The expectations for next year are that the increase will continue and that more properties will be foreclosed on. The high level of interest means that many families experience financial challenges, and therefore do not have the finances to sit in their home. If you are therefore considering whether to buy a property at foreclosure, there are a number of factors that you must be aware of. You can often make a good deal, but it is not risk-free, and there can be challenges that arise in connection with buying at foreclosure. Compulsory auctions are advertised in the Statstidende, and typically also on several housing portals, e.g. foreclosures.dk and boligsiden.dk. General conditions that you must be aware of Preparation is the most important element in the process of buying real estate. It is important that before bidding on the property, you have seen it and familiarized yourself thoroughly with the special conditions that apply to this particular property. The most important information about the property can be found in the sales listing. In general, you must be aware of the property’s condition, rights/obligations that fall on the property, special auction conditions and costs. The property is purchased as occupied, i.e. that it is not possible to take out a change of ownership insurance, just as it is not possible to make a claim for errors and omissions against the previous owner. It is therefore always a good idea to inspect the property before the auction. Furthermore, be aware that the property has special obligations in relation to leases, possibly old tenant requirements, registered easements, local plan etc., which have an impact on the use of the property. Regarding the bid, it is not the only amount that must be paid. In addition to the bid, the auction buyer must pay the largest amount, which constitutes the preferential claims, e.g. property taxes and court costs. In addition, the buyer must pay an auction fee of DKK 1,500 and the costs of land registration. Finally, the auction buyer may have to pay any frozen ground debt. When the bid has been given, and has been accepted as being the highest bid, you must provide security for your bid. In practical terms, this means that if your bid is the highest, you must be able to provide security to the bailiff that you can pay the entire purchase price. This can be done by submitting a written declaration from a lawyer or by a bank guarantee. Furthermore, you should also know that your bid is binding for 6 weeks, even if a new auction is requested. The owner or a mortgagee who does not obtain full coverage can request a new auction in the hope that a higher bid will be received. A 3rd auction cannot be requested, and at a new auction the hammer will be announced to the highest bidder. As an auction buyer, you get possession of the property when the bailiff has received the entire security for the fulfillment of the conditions. This can advantageously be done with a lawyer’s declaration. In addition, as an auction buyer, you yourself must pay the creditors who have a claim according to the auction and get the auction deed registered on the property. Counseling If the preparatory work is done well, then it can be advantageous to buy real estate at a foreclosure. At DreistStorgaard, our lawyers have the skills to help you with the legwork and advise you on the purchase of a property at foreclosure. If you therefore need our help, do not hesitate to contact us on phone 56 63 44 66 or send an email to kontakt@dslaw.dk By lawyer Katja Skovlund Jensen
How much can I give my children as a gift?
There are rules for how large an amount you can give to your loved ones each year. As 2022 is drawing to a close, it may be that the last families have to consider whether a gift for their loved ones should be reached this year. According to the law, you must give a gift to your loved ones every year. It is a requirement that there is actually a transfer of an asset, but it is not a requirement that the gift is cash. The gift can also be an asset, such as a painting or a car. The gift just needs to be able to be valued. To whom can I give a gift and how much can I give? Here is an overview of who you can give gifts to and how much you can give according to the rates for 2022: Spouse: No tax or duties must be paid on gifts between spouses, regardless of the value of the gift Children, grandchildren, parents and grandparents: DKK 69,500. Unmarried cohabitants, if you have lived together for over 2 years: DKK 69,500. Children-in-law: DKK 24,300. In 2023, the amounts will rise to DKK 71,500 for children, grandchildren, parents, grandparents and unmarried cohabitants, while children-in-law may be given DKK 25,000. Persons who do not appear on the above list – for example siblings, nieces and nephews – may not be given a tax-free gift. Here, you must instead state the gift on your tax return, as the gift is subject to income tax. The amount limit applies per person, which means that a parent couple can in 2022 give a child DKK 139,000 in total. Please note that it is always a good idea to create a gift certificate when giving a gift of high value. The deed of gift ensures that it is actually a gift, should SKAT question the gift. In this way, neither the giver nor the recipient risks having to pay gift tax, even if the value of the gift is below the current maximum limit for tax-free gifts. What if I want to give a larger gift? If you want to give a gift that is greater than the annual limit for tax-free gifts, you can make use of the family loan. With a family loan, a promissory note is created between the gift giver and gift recipient, where the gift recipient actually owes the gift giver money. The gift giver then has the opportunity to reduce the loan continuously each year with the annual tax-free gift amount. A family loan has the advantage that you can give a large gift at once. This is practical if, for example, the gift recipient has to use the amount on the payment for a house or the like. Example of tax-free gift via family loan: In 2022, you would like to give your child DKK 300,000 as a gift. You give your child DKK 69,500 as a gift, and at the same time create a family loan of DKK 230,500. The amounts are deposited into your child’s account in two installments. The loan is reduced in 2023 by DKK 71,500, which is the maximum tax-free amount for the year. The remaining debt is now only DKK 159,000. In subsequent years, the loan is reduced again by the annual tax-free amount until the loan is paid. In this example, the family loan will be settled in 5 years. If you had not set up the family loan, but simply transferred DKK 300,000 as a gift, then 15% tax on DKK 230,500 would have to be paid. When should I hand over the gift? The gift must be handed over in the year in which you want the gift to be given. So you must not wait until 2023 to give your child DKK 141,000 as a gift for both 2023 and 2022. SKAT considers it as if you have given your child one gift in 2023, and tax of 15% of the amount over DKK 71,500 must therefore be paid. By associate attorney Mette Tarp Pedersen
The new housing tax reform in 2024
In 2024, the new housing tax system will be introduced, and you will have to pay housing tax on the value of your home in a new way – both as a current home owner and as a new home owner. Until the new housing tax system comes into force, the homeowners are protected by a tax freeze on the property value tax and an increase limitation on the land debt. The new reform will overall increase the overall housing taxation for owner-occupied apartments and owner-occupied dwellings in the large urban areas, while most homes in the countryside and in the smaller urban areas will experience a slightly cheaper tax on residential properties The new property tax system requires new public property assessments to be made. The assessments must reflect the real value of the home, and form the basis for the new calculation of the property tax. On that basis, the property assessments help to determine what the home owners have to pay in property tax. One of the main points in the new tax agreement is that home owners must not pay more in housing tax in 2024 than they do in 2023. Since the tax payment is maintained from 2023, there is a tax discount, which corresponds to the difference between what you pay in 2023 and what you should have paid under the new set of rules. The tax discount is given every year as long as you live in the property. This also means that those who buy a home from 1 January 2024 onwards will not get a tax discount. If you are looking for a new home and would like to obtain the tax discount, the property must be purchased and taken over by 31 December 2023 at the latest. The good advice from DreistStorgaard Bolighandels estate agent Camma Ryborg: “If you have found your dream home in 2023, be extra careful that you do not lose the opportunities in 2024. Check the housing tax so that you are not shocked if there is a change after the new rules per January 1, 2024 comes into force.” If you need advice or help to assess your housing situation, contact estate agent Camma Ryborg on phone 93 60 14 05 or send an email to cry@dslaw.dk.
Buying a home – good advice
When you are looking for your dream home and spend your time going to open houses, it is a good idea to be prepared. It can be by writing down the questions that you would like answers to. DreistStorgaard Bolighandel’s real estate agent, Camma Ryborg, has gathered some good advice below for you who are house hunting. The immediate area – Ask about what the neighborhood is like. Remember that the immediate area must be the right match in relation to family, work and leisure interests. Go if necessary take a walk in the neighborhood and see if it feels right for you, preferably before you go to the open house. Renovations – If renovations have been carried out on the home, ask who has been responsible for the work and be sure that applicable regulations have been complied with. Therefore, take renovations into account in your housing budget, as unforeseen costs may arise. This also applies even if the home is new or newer. Documents – Be aware that there are different rules for which reports/documents must be available when you buy a home. Condition report and electrical report – If a condition report and electrical report have been prepared, ask thoroughly about these two reports. If you are in doubt about something, it is always a good idea to call the construction expert or the electrician who prepared the report and ask them for advice, as they have examined the property and can answer you – and that is basically FOR FREE. Condo – If you go to an open house in a condo, it’s always a good idea to ask the real estate agent about the owner’s association. It could, for example, be what the owner association’s budget looks like and what was agreed at the latest general meeting, etc. so you have a knowledge of the finances of the owner’s association. Buying a home is a big decision. Our experience is that you get the best experience if you already contact an adviser while you are looking for the new home – and always before you sign the purchase agreement. DreistStorgaard Bolighandels real estate agent Camma Ryborg has more than 18 years of experience in the real estate industry, and can help you find and buy your dream home. If you need to know more, you can contact Camma on 93 60 14 05 or by email to cry@dslaw.dk .
Get professional help with estate processing
Many choose to sit with the responsibility of completing an estate after the death of a family member. This means that many people opt out of a lawyer and even if there is a little money to be saved on the lawyer’s fee, you are on the other hand also alone with all the difficult things that have to be done in connection with estate processing. In the event of a death in Denmark, the heirs, the banks, the Insolvency Court, the Tax Agency and various other authorities are involved. It is therefore an ongoing communication with many different agencies, and many private individuals find that the grief over the loss of the family member wells up again and again. The deceased’s assets must be disposed of, including closing bank accounts, selling securities, terminating leases or transferring properties. The deceased’s liabilities must be paid, but perhaps some claims against the deceased must be completely rejected, e.g. obsolete debt. During the processing of the estate, the Probate Court has a number of deadlines during which the heirs must submit information about the estate itself to the authorities. It is, among other things, 6 months after the death that you must submit an opening status, which is an overview of the deceased’s assets and liabilities per the day of death, while a final estate statement must be submitted no later than 15 months after the death. If the deadlines are not met, the Probate Court will appoint a lawyer as executor to manage the further processing of the estate. The final inventory must be approved by the Tax Agency and the Probate Court. This means that the value at which the deceased’s assets are included is reviewed and revised, and then the Tax Agency can question the value and demand changes. You must therefore be sharp on the current rules on valuation if you want to avoid extra amounts from the Tax Agency. If the estate’s holdings are over DKK 3,160,900 (per person in 2023), an estate tax return must also be prepared with any calculation of non-payment of residual tax as well as any share and property capital gains taxation. With a lawyer’s help, you avoid overlooking important details, deadlines or legislative requirements for the estate. The actual overview of the estate, the ongoing processing of the assets and the preparation of the official documents for the authorities is something that we typically find that many people have problems with. Therefore, it can be a good idea to get a lawyer on the sidelines when one of your loved ones passes away. At DreistStorgaard, we have lawyers who specialize in private law, and can therefore advise you and your family so that you can safely get through a difficult time. If you have questions or need to know more, contact us on phone 56 63 44 66 or by email kontakt@dslaw.dk . By associate attorney Mette Tarp Pedersen
The new property assessments
If you are the owner of a small agricultural property, it is very important to keep track of whether there is new mail in your e-box. This is because, in future, new categorizations will now form the basis for the provisional new property assessments that SKAT sends out. For many, this “recategorization” will mean significant changes in property tax. If you are therefore the owner of a small country property, there is reason to be very careful. On 28 March 2023, the Danish Parliament finally adopted an amendment to the Property Valuation Act, which will now be rolled out in practice and which is the basis for the advanced categorisations. From and including 11 April 2023, the Valuation Agency will start sending out letters regarding the recategorisation of housing, and if you are the owner of property which is currently categorized as country property, there is reason to pay special attention. If your home is recategorized as an owner-occupied home, it can mean that you have to pay several thousand kroner more in tax each year. The categorizations are used by the authorities to make preliminary property assessments. As the plan is now, the new property assessments will have legal effect from January 2024. Significant importance for the tax The categorizations of the properties form the starting point for the taxation basis, and therefore it is very important that you as the owner of a property are aware of what data and information the authorities have registered about your property, as well as how they categorize your home. As a starting point, the ongoing taxation for agricultural properties will traditionally be less than for ordinary owner-occupied homes, but this may, based on the new assessments, be a thing of the past if the authorities recategorize your current agricultural property as an owner-occupied home. In principle, there is a set upper and lower limit for properties with between 5 and 15 hectares of land, so it is especially the owners of these who must be aware of which categorization the Valuation Agency assigns to the property in the new assessments received these days. Between 20,000 and 25,000 properties with between 5 and 15 hectares of land are expected to be recategorized, according to the Valuation Agency, and this may result in the property moving from being categorized as agricultural properties to owner-occupied housing. Precisely this mentioned significant difference in which SKAT categorization is at the moment will, other things being equal, have great significance for the annual tax payment, which means that it is recommended to seek advice about what options there are to react in relation to the authorities’ categorization of one’s property. In that picture, it is important to be aware that the current tax is lower on agricultural properties, but on the other hand, there is no taxation in connection with a sale if you live in owner-occupied housing, so it can be difficult to weigh the advantages and disadvantages. IMPORTANT deadline of 15 days in relation to acting on the new assessments Initially, the authorities will send you a letter of intent, which is a kind of proposal for a decision on the categorization of your home. Once it has been sent, you have 15 days to respond to the letter to the authorities. For this reason, it is very important to immediately deal with this notice and seek advice on your legal position. For example, as the owner and recipient of a notice of demand, you must ensure that the information contained in the letter corresponds to reality, as there may have been significant changes in the actual circumstances, in relation to the information that the assessment agency has in its possession , which is of significant importance on the basis of the assessment. For the aforementioned reason, it is essential to seek advice quickly, because once the 15 days have passed, the Assessment Agency will make a decision on the categorization of your home, which will either be the status quo or a recategorization. After this, you as a citizen must wait to see whether the decision changes the categorization of your home, a decision that can be appealed within a further six weeks. It is very complex to weigh the advantages and disadvantages in relation to which categorization your property falls into. You also have the option of switching to the so-called transition scheme, where the home retains its current categorization until a change of ownership, but we would also recommend that this assessment be made after receiving advice on this. This will mean, for example, that as the owner of an agricultural property that has been recategorized as a private residence, you can be allowed to maintain the property’s status as an agricultural property and thus pay less tax until a change of ownership. You become very much bound by the transitional arrangement, and the choice cannot be changed. If, for example, you want to rebuild or demolish a building, you fall out of the transition scheme. Discuss your options with DreistStorgaard If you have questions about the assessments received or if you are interested in having your appeal options assessed, you are very welcome to contact us for a discussion on how we can assist in securing your legal position in this situation as best as possible. Contact us on 56 63 44 66 or kontakt@dslaw.dk .
Bill for a new law on employment certificates will expand employers’ duty to inform employees about the terms of the employment relationship
On 29 March 2023, a bill for a new law on employment certificates was tabled. The purpose is to implement the EU directive on transparent and predictable working conditions (working conditions directive) in Danish law. This should originally have been implemented d. 1 August 2022, but has subsequently been postponed several times. The background to the bill The recent development of new forms of employment has created uncertainty about applicable rights and social protection, and therefore there has been an increased need for workers to be informed about their most important working conditions. Who is covered by the bill? The proposed bill is to replace the current Employment Certificate Act, and with its entry into force more wage earners will be covered. The current Employment Certificate Act covers all employees whose employment lasts more than 1 month and whose average weekly working hours exceed 8 hours. However, with the new bill, far more people will be covered by the law. Here, as an employee, you will already be covered if, for a period of 4 consecutive weeks, you have an actual or predetermined working time that amounts to an average of more than 3 hours per week. week. What significance will the bill have? In addition to the fact that more employees will be covered by the new bill, and thus many more employees will be entitled to an employment certificate (employment contract), it also expands the employer’s duty to inform the employee of the terms of the employment relationship that will be most significant for the employee . In the current employment certificate act, a total of 10 conditions are mentioned, which the employer must inform the employee about, but in the new bill, however, a further five conditions have been added, which the employer must inform the employee about. These five conditions are: Temporary employees must be informed of the identity of the user company as soon as this is known The duration of and conditions for any probationary period The right to training, which the employer may offer The identity of the social security institutions that receive the social contributions linked to the employment relationship, as well as any protection in connection with social security from the employer. If the work pattern is completely or predominantly unpredictable, the employee must be informed; 1) That the work schedule and number of paid working hours may vary, 2) Which days and reference hours can be assigned to work and 3) The minimum notice period the employee is entitled to before starting a work assignment, as well as any deadline for canceling the work assignment The new bill also contains a limit for the maximum length that a possible trial period in an employment relationship can last. In the current Employment Certificate Act there is no such limit, but according to the bill, such a probationary period must be set to last a maximum of 6 months. If it is a fixed-term position, the probationary period may not amount to more than a quarter of the employment period, however, the probationary period may not exceed 6 months here either. Changed deadlines for submitting information In future, the employer will have to be aware of a changed deadline for submitting the mandatory information on 7 calendar days or 1 month after the beginning of the employment relationship or the day on which a change takes effect. This information can still be provided by sending it on paper or in electronic form. Prohibition against preventing concurrent employment In future, an employer may not prevent an employee from taking up ongoing employment or, on that basis, treat him unfavorably if it is still possible to work in accordance with a schedule determined by the employer. However, this does not apply if the circumstances of the work in question make the employee’s secondary employment incompatible with the existing employment relationship. Entry into force The bill is being considered in the Danish Parliament, but it is proposed that the law enters into force on 1 July 2023. Employees hired after 1 July 2023 must receive employment contracts in accordance with the new law. Employees employed before this date do not have to have new employment contracts, but they can request the disclosure of the new information that the law entails, which request must be complied with by the employer within 8 weeks after it is made. Necessary considerations for the employer The amendment to the employment certificate act thus gives the employer a good opportunity to review the company’s current employment contracts, so that one is ready for the new rules to come into force and with a view to avoiding having to fall into any payment of compensation for a violation of the law. At DreistStorgaard Advokater, we are happy to help review and possibly update the company’s contracts so that these harmonize with the new legal provisions. You are welcome to contact us by email kontakt@dslaw.dk or by phone 56 63 44 66. Of Stud.jur. Katrine Abildskov Roel & Attorney Nicolai Runge Andersen
Positive trading figures show a housing market at its highest level in a year!
We face the summer months with new and positive trade figures from the housing side. These figures show, among other things, that house sales in May 2023 are at the highest level since the same month last year. According to the trade figures, a total of 7,360 homes were sold nationwide in the month of May. This is 22% more than what was sold in the month of April. Sales of villas are as much as 24% higher than in April, while apartments and holiday homes were also attractive in May. “We continue to experience greater activity on the properties we have for sale and the buyers we meet at showings are ready to buy and positive. This suggests that optimism has returned to buyers. If you are thinking of selling or are going to buy a home, now is the time. So don’t hesitate, get in touch with us and we are ready to help you, whether you are selling or buying a home” By estate agent Fie Dam Jacobsen Source: https://www.boligsiden.dk/pressemädelingen/boligsalget-i-maj-er-det-hoejeste-i-et-aar