If, due to the corona situation, you have worked more from your home in Sweden than you usually do, you may also be taxed in Sweden on the salary you earn from your Danish private-sector employer.
The Øresund agreement
A special tax agreement exists between Denmark and Sweden (the Øresund agreement). According to this agreement, you may be taxed in Denmark on work that is carried out in your home in Sweden or during business trips etc. It is, however, a condition that at least 50% of your working hours were in Denmark during a given 3-month period.
How to calculate a 3-month period
• The condition that your working hours in Denmark must make up at least 50% during a 3-month period means that the number of working days you had in Denmark must be matched against the total number of working days you had in any given 3-month period.
• When you calculate your working days, you should include any holidays and sick days as working days in Denmark.
• Ordinary weekly days off, such as weekends, public holidays and time off in lieu should not be included when calculating your number of working days.
• If you only work part of the day in Denmark, it still counts as a full working day in Denmark.
• A 3-month period may begin before and finish after the turn of a year.
If at least 50% of your working hours were in Denmark in any given 3-month period, your total salary from your Danish employer should be taxed in Denmark.
When does Denmark stop having the right of taxation of your total salary?
Denmark no longer has the right of taxation of your total salary if you have not worked in Denmark for at least 50% of your working days during a given 3-month period as laid down in the Øresund agreement.
In that case, the salary you have made for the days you have worked from home and other work you have carried out outside Denmark will be taxed in Sweden.
Please note that a 3-month period is not necessarily based on whole calendar months. A 3-month period may start at any given day of the month, for example from 8 January to 7 April or from 15 January to 14 April.
Other months are calculated as separate calendar months, unless you meet the requirement for at least 50% of your working days to have been in Denmark by calculating another 3-month period instead of separate calendar months.
The salary you get from your Danish employer for the work you carry out in Denmark is always taxed in Denmark. This applies regardless of whether the working days in question are covered by the Øresund agreement.
Read more in our Danish-language legal guide
Read more in Danish about the Øresund agreement
Things to be aware of in your tax assessment notice for 2020 and possibly 2021
If your number of working days outside Denmark is so high that not all of your salary is taxed in Denmark, you are responsible for calculating and declaring the part of your salary to be taxed in Denmark yourself.
Tax assessment notice for 2020
Your total salary appearing on your first tax assessment notice for 2020 is declared by your employer. Your salary minus labour market contributions (AM-bidrag) and A-tax (tax withheld at source) appears from box 11. Any part of your salary that has been declared as tax-free in Denmark appears from box 16.
Your tax assessment notice must be changed to the effect that any part of your salary that is taxed in Denmark is included in box 11. The part of your salary that is not taxed in Denmark should not be included in your tax assessment notice and should therefore be deleted from box 16.
However, you cannot change the numbers in boxes 11 and 16 of your tax assessment notice yourself. Instead, please send us the figures for how much of your salary that is taxed in and outside Denmark, respectively.
This is what you should do
1. Log on to E-tax for individuals (TastSelv)
2. Select 'Ret årsopgørelsen/oplysningsskemaet' (Change your tax assessment notice/tax return).
3. Next to box 11, click ‘Se hvor beløbet kommer fra’ (See where amount comes from)
4. Click ‘Send mail’ (Send email)
5. Write ‘Øresund agreement’ in the subject field and write the figures for your salary taxed in and outside Denmark, respectively.
6. Attach documentation or calculations for the part of your salary you believe should be taxed in Sweden
7. Click ‘Send’