Company car / Own car

Company car / Own car
Tax 2018                Tax
2 | Company car/Own car




                          Content

                          1. Company car
                          1.1 Who are comprised
                          1.2 Calculation basis
                          1.3 Taxable value
                          1.4 Availability
                          1.5 Electric cars


                          2. Use of own car for business purposes
                          2.1 Own car
                          2.2 Transportation for business purposes
                          2.3 Tax-free mileage allowance
                          2.4 Set-offs
                          2.5 Documentation and bookkeeping
                          2.6 Reporting


                          3. Leasing
                          3.1 Low-taxed leasing cars
                          3.2 Flex leasing
                          3.3 Split leasing


                          4. Choice of company car scheme
                          4.1 Free app for more platforms
3 | Company car/Own car




Making the choice of                              mileage allowance applying as of 1 January        car (conclusion of binding purchase, rental or     the age of the car by the number of months
                                                  2018.                                             leasing agreement).                                from the month of the car’s first registration.
optimum car solutions
is a complicated matter                           1. Company car                                    The calculation basis does not change for a
                                                  1.1 Who are comprised                             company car (from the set of rules for new
which requires profound                           Taxation of company car is triggered when the     cars to the set of rules for used cars) – unless
                                                                                                                                                          The original price
                                                                                                                                                          The price of the car as new is the
considerations and analyses.                      car is made available to the employee by an       the car is actually traded (changes owner) at a       car’s price including the registration
                                                  employer for private purposes. Therefore, the     time that is more than 36 months after its            tax, VAT, costs of delivery and
The big issue is whether it is an advantage to    rules apply first o all to employees. A           first registration.                                   all usual equipment. There is
have a company car at one’s disposal or           cohabitant or spouse’s use of the company                                                               a distinction between usual
whether it will be better to use one’s own car    car does not trigger additional taxation. It is   Purchase of a company car upon the expiry of          equipment and extra equipment
for business purposes with the possibility of     only the employee who can have a company          the leasing period is considered change of            pursuant to the Registration Tax
mileage allowance. A precise answer requires      car at his/her disposal and consequently be       ownership just like a sale-and-lease-back             Act.
considerable calculations and depends             subject to taxation.                              agreement. If a company car is handed over
on thorough knowledge of the rules and                                                              to an affiliated company, for instance as part        Usual equipment means equipment
practices of taxation of company car as well as   The rules also apply to individuals who           of a restructuring, it can be considered an           subject to registration tax including
the conditions for paying out a tax-free          are members of or assistants for boards,          actual change of ownership, whereas sale and          extra equipment in e.g. cars used for
mileage allowance when using one’s own car        committees, commissions, councils etc. and        repurchasing of the same car will not be              campaigns, if the equipment is
for business purposes.                            for self-employed who have chosen to apply        accepted for tax purposes, unless the                 mounted by the manufacturer or
                                                  the rules of the Business Tax Scheme.             agreement can be justified clearly for                the importer.
Deloitte has developed an easily accessible                                                         business purposes.
calculation model which on the basis of a few     1.2 Calculation basis                                                                                   Pursuant to the Registration
parameters gives a very precise indication of     Company car is a taxable benefit and the          New cars (less than 36 months old)                    Tax Act extra equipment can be
which choice will be the best in each concrete    value is calculated as a standard percentage      The calculation basis for new cars acquired           exempted from the registration tax,
situation. The model can be downloaded            of the car’s calculation basis. It is the mere    no more than 36 months after their first              if the equipment is supplied and
as an app from www.deloitte.dk and is also        right of disposal that is taxed. The extent of    registration is the original price of the car as      mounted by the dealer according to
described in section 4.                           private use is not important.                     new. This is called a date rule. After the first      agreement between the dealer and
                                                                                                    36 months the calculation basis is 75% of the         the user, and the equipment is
This publication contains a brief introduction    The calculation basis depends on whether the      original price of the car as new. This is called      stated separately on the contract as
to rules and practice for taxation of free        car is more or less than 36 months old at the     the month rule according to which the                 extra equipment.
company car and payment of tax-free               time when the employer acquires the               calculation basis is reduced on the basis of
4 | Company car/Own car




Used cars (more than 36 months old)               The environmental charge comprises the              Example:
The calculation basis for used cars acquired      annual vehicle excise duty (including special       The car is registered the first time on 20 October 2015. As from October 2018, the calculation basis
                                                                                                      is reduced, no matter whether the car is delivered later on, e.g. in November/December 2015.
more than 36 months after the first               charge for diesel cars without a particle filter,
registration is the employer’s purchase           but exclusive of equalizing duty for certain
                                                                                                       DKK                                                                      2015            2018            2018
price including any renovation repairs            diesel cars and extra charge for private use) x
                                                                                                                                                                                             Jan-Sep         Oct-Dec
(opposite maintenance expenses).                  1.5.
                                                                                                       Price of a new car (the original price)                              480,000          480,000         480,000
When it comes to used cars there is no            What is included in the taxable value
                                                                                                       Reduction, after 36 months                                                    -                -      -120,000
distinction between usual equipment and           Operational costs when using a company car
extra equipment. The calculation basis is the     are included in the taxable value, and the           Calculation basis                                                    480,000          480,000         360,000
total purchase price of the car.                  employer can pay these costs without the
                                                                                                       25% of 300,000 DKK                                                    75,000            75,000         75,000
                                                  employee being taxed additionally. These
1.3 Taxable value                                 costs are general operational costs, e.g. costs      20% of amounts above                                                  36,000           36,000          12,000
The taxable value of company car is equal to:     for petrol/diesel, insurances, vehicle excise
                                                                                                       + Environmental charge                                                  6,750            6,750          6,750
                                                  duty as well as repairs and maintenance
• 25% of the first 300,000 DKK of the                                                                  (vehicle excise duty 4,500 DKK)
                                                  including drive-on products such as oil, wash,
  calculation basis.
                                                  windshield fluid etc.                                Taxable value per year                                                117,750          117,750         93,750
• 20% of the amount exceeding 300,000 DKK.
                                                                                                       Taxable value per month                                                 9,812            9,812          7,812
                                                  Costs for garage, parking space, parking
• Environmental charge.
                                                  charges, ferry tickets, motorway charges,
Irrespective whether the calculation basis is     bridge toll and purchase of roof rack for skies,    Employee’s self-payment
the price of a new car, 75% of the price of a     child seat etc. are not operational costs and       If during the income year the employee has                  car does not reduce the taxable value. Costs
new car or the purchase price, the                thus not included in the taxable value. If the      paid the employer – with net pay –                          that the employee pays himself/herself do in
calculation shall always be based on the          employer pays such costs, they will be treated      for having the car at his/her disposal,                     principle not reduce the taxable value.
amount of minimum 160,000 DKK.                    as taxable benefits which must be taxed             the taxable value of company car will be                    However, if the employee pays for general
                                                  separately.                                         reduced by an equivalent amount within the                  operational costs, they can be reimbursed by
Environmental charge                                                                                  year in question. It is not important whether               the employer as an outlay according to
The taxable value is increased by an                                                                  the self-payment is paid by instalments over                receipts submitted, or they can be set off
environmental charge. The charge is not                                                               the year or as a one-off payment. Payment                   against the taxable value as a user charge, if
included in the calculation basis, but is added                                                       after 31 December or to others than the                     the employer does not want to reimburse
(directly) to the taxable value.                                                                      employer who has provided the company                       them, see below.
5 | Company car/Own car




If for instance the employee pays for petrol      1.4 Availability                                    the most expensive one of the cars is taxed        and the registration plates are handed over to
abroad – or other general operational costs –     If the car is only available for private use part   during the actual month.                           the Danish tax authorities.
they can be considered self-payments and thus     of the year, the tax value will be reduced by
reduce the taxable value of company car. It is,   the number of months during which the car           The same applies if an employee changes job        1.5 Electric cars
however, a condition that:                        was not available to the employee. In this          in the middle of a month and has a company         An electric car is in principle comprised by the
                                                  respect one month is a continuous 30-day            car available from both workplaces. In this        general rules on taxation of company car, if the
                                                  period and not a calendar month. If for             case the first employer must calculate and tax     car is made available for private use. The costs
• The employee submits the original receipts
                                                  instance the car has been available for the         the value of the company car for                   for electricity for recharging the car are
  to the employer.
                                                  period 1 January to 20 June and 10 August to        the whole month according to general terms         included and treated in the usual way as costs
• The employer books the amount as an             31 December, the employee must be taxed of          and conditions. The new employer must also         for petrol/diesel etc.
  operational cost and at the same time           11/12 of its annual value, because the period       calculate the value of company car for the
  credits an equivalent amount as income in       with no car available is more than 30 days, but     whole month during which the employee              Electric cars have been exempted from
  the form of self-payment in the company car     less than 60 days.                                  starts employment, but can against                 registration tax until the end of 2015, and the
  accounts.                                                                                           documentation set off the value of company         calculation basis solely constitutes
                                                  In case of an occasional loan of a company car      car that has been reported by the previous         the acquisition price including VAT. From 2016
Salary conversion                                 the employee will also be taxed according to        employer.                                          to 2020 there is a gradual phase-in of
It is insignificant whether a company car is      the ordinary rules. This means that an                                                                 registration tax on electric cars.
included as part of the total remuneration        employee must be taxed for a whole year,            Storage/downtime insurance
package or the employee contributes               however, a deduction for the number of              A frequently asked question is whether it is       The extemption from vehicle excise duty on
directly to the financing by accepting a          whole months during which the car was not           possible to avoid taxation of cars which are       electric cars will not be continued, and excise
general and actual salary reduction.              available will be granted. This means that a        either put for storage or which for instance are   duty is due from 2016.
                                                  loan/availability period of only a few hours        covered by a downtime insurance. However,
A reduction of the gross/cash salary is           actually triggers taxation of the value of          neither downtime insurance or dismounting          If the employer pays costs related to the
not considered a self-payment for tax             company car for minimum one month (1/12             and deposit of registration plates with e.g. an    installation of a power charger at the
purposes, because it is not made with net         of the annual value).                               insurance company are sufficient to avoid          employee’s residence, the amount should be
pay. Consequently, taxation will take place                                                           taxation of a company car.                         added to the “calculation basis”.
according to the ordinary rules, and a salary     In case of changing cars in the middle of a
reduction can neither be set off against nor      calendar month taxation of both cars should         To avoid taxation of a company car it is
reduce the tax value.                             in principle be triggered in the actual month.      decisive that an effective “deprivation of the
                                                  However, if both cars have not been available       availability” has taken place, and this requires
                                                  at the same time, it will be accepted that only     in principle that the car is deregistered in CRM
6 | Company car/Own car




2. Use of own car for business purposes             the parties have joint finances. A car that is     When counting the 60 days, it is not important
                                                                                                                                                             For 2018 the National Assessment
If the employee uses his/her own car for            registered in one of the parents’ name is also     whether the transportation has been done by
                                                                                                                                                             Council has determined these rates:
business purposes, the employer can                 considered the son or daughter’s own car, when     one’s own car, another person’s car or by
reimburse operating costs by paying out a tax-      it can be documented that the son or daughter is   public transport. The decisive factor is whether      • 3.54 DKK per kilometre for the first
free mileage allowance.                             the actual owner of the car, has financed the      the employee has transported himself/herself            20,000 kilometres
                                                    purchase and pays the operating costs.             between his/her residence and the specific
                                                                                                                                                             • 1.94 DKK per kilometre beyond this
On the contrary the employer cannot pay or                                                             workplace for more than 60 working days
                                                                                                                                                               limit
reimburse actual operating costs concerning         2.2 Transportation for business purposes           within a preceding 12-month period.
the employee’s private car without tax              Legislation stipulates the following objective
consequences.                                       criteria for which kind of transportation          If the employee has a transport pattern
                                                    is considered transportation for business          that implies transportation to so many             The total annual number of kilometres
If the employee has other expenses for e.g.         purposes:                                          different workplaces that it is not likely that    driven in the income year referred to is
bridge tolls, ferry tickets etc. in connection                                                         transportation between usual residence and         decisive for whether the kilometres driven
with transportation for business purposes,          • Transportation between usual                     the workplace will occur for more than 60          justify the high or the low rate.
the costs can, however, be covered by the             residence and a workplace for up to              working days within a 12-month period, the
employer as outlays according to receipts             60 working days within the preceding             transportation can be considered made for          When the limit of 20,000 kilometres
submitted. In order to have the expenses              12 months.                                       business purposes. There is no direct              for business purposes in the individual
covered, it is a condition that the employee                                                           requirement to control that the rule has been      calendar year is exceeded, the rate will
                                                    • Transportation between workplaces.
can show original receipts.                                                                            complied with. The tax authorities can,            be reduced. If an employee has several
                                                    • Transportation within the same                   however, with future effect for up to 12           employers at the same time or during the
2.1 Own car                                           workplace.                                       months impose written orders that it should        year, the 20,000 kilometre limit will apply to
In order to obtain tax-free mileage allowance, it                                                      be documented that the transportation is           each employer.
is a condition that the employee drives in his/                                                        actually business-related (e.g. by making
                                                    This 60-day rule means that transportation
her own car.                                                                                           mileage accounts).                                 It is the actual number of kilometres driven
                                                    will no longer be considered business-related
                                                                                                                                                          during the calendar year which decides
                                                    when an employee has driven from his/her
“Own car” is a car that is registered in the                                                           2.3 Tax-free mileage allowance                     which rate to be used. The mileage
                                                    residence to a workplace for more than 60
employee’s own name. A car that is leased in                                                           Both Danish and foreign employers and              allowance must thus be calculated on the
                                                    working days within a period of 12 months.
one’s own name (private leasing) is also                                                               assignors can pay out tax-free mileage             basis of the rates that applied on the date of
                                                    Therefore, the employee is no longer entitled
considered one’s own car. A car that is                                                                allowance to the employee for transportation       the transportation – even though the actual
                                                    to a tax-free mileage allowance.
registered in the spouse’s or the cohabitant’s                                                         in his/her own car for business purposes.          payout will be made in the subsequent
name is considered one’s own car as long as                                                                                                               income year/calendar year.
7 | Company car/Own car




If the employer pays out a tax-free mileage           employer in connection with payout of tax-free       The demand on employer control procedures          3. Leasing
allowance by rates that are lower than the rates      allowance. If concurrently with payout of            means that the documentation must be               If the employer leases a car and makes it
stipulated by the National Assessment Council,        allowance the employer has agreed with the           completed carefully and that it must contain all   available to the employee as a company car,
the employee cannot deduct the differential           employee to reduce his/her gross salary, show        necessary information.                             the employee will be tax liable according to the
amount between the allowance and rates.               salary restraint or receive a lower salary at his/                                                      same rules applying for cars owned by the
                                                      her employment, the allowance paid out will          In our opinion the conditions must be              company. The calculation basis is determined
If no allowance for transportation by one’s own       be taxable.                                          considered fulfilled, if the above items can be    as if the car was purchased by the employer at
car for business purposes is paid out, the                                                                 identified through a salary/employee No. This      the time of leasing the car.
employee will instead be entitled to a tax            2.5 Documentation and bookkeeping                    means that if the name, CPR-number, rates
deduction (according to the rules and by the          In order for the employee to receive a tax-free      and calculation are stated on the payslip, and     If the car is leased no more than 36 months
rates for transportation between home and             mileage allowance, the employer must check           the information about date, purpose and            after the car’s first registration, the car will be
work).                                                the number of kilometres driven.                     address etc. is registered in an IT system, the    valued on the basis of the price of a new car. If
                                                                                                           documentation requirements are considered          the leasing agreement has been concluded
If an allowance is paid out by rates that are         The allowance must be settled by submitting a        fulfilled.                                         more than 36 months after the car’s first
higher than the National Assessment Council           document containing information about:                                                                  registration, an estimated market value of the
rates, the entire amount will be taxable as                                                                The employer must check the number of              car at the time of concluding the agreement will
                                                      • The recipient’s name, address and
personal income, unless the amount is divided                                                              kilometres driven effectively, and therefore the   be used as basis for the calculation.
                                                        civil registration No. (CPR-number).
at the time of payout and the part of the                                                                  person approving the payout must be able to
amount that exceeds the rates is treated as           • The business purpose of the                        identify the destination stated. Stating a         3.1 Low-taxed leasing cars
salary. In this case taxes should be withheld in        transportation.                                    company name or an in-house term is in             Even though the rules of taxation of company
connection with the payout.                                                                                principal not enough. The exact address must       cars are identical – irrespective whether
                                                      • Date of the transportation.
                                                                                                           be stated. The voucher should be signed by         the employer purchases or leases the car,
2.4 Set-offs                                          • The objective of the transportation.               the person checking them.                          it is, however, a fact that a car model with the
Fixed monthly or annual payouts of mileage                                                                                                                    same equipment is often taxed lower,
                                                      • Number of kilometres driven.
allowance are taxable and considered salary.                                                               2.6 Reporting                                      if it is leased compared to a purchased car. This
Mileage allowance is also taxable, if it is set off   • Rates applied.                                     Payout of tax-free mileage allowance must be       is solely due to the fact that the leasing
fully or partly against cash salary already                                                                reported to the tax authorities, and the           companies (who own the car) can purchase the
                                                      • Calculation of the mileage allowance.
agreed upon.                                                                                               employer is liable to report the amounts paid      car at a lower price than the price at which an
                                                                                                           out on a month-by-month basis to eIncome in        employer can purchase it.
The tax exemption is conditioned by the                                                                    box 48.
employee not having compensated his/her
8 | Company car/Own car




In addition, the leasing companies have the          Only leasing companies who lease out cars              leasing agreements and mileage log are fulfilled:       pays the costs related to business driving,
possibility of only settling a proportional part     commercially can apply the rule. Individuals                                                                   a detailed and complete mileage log must be
of the registration duty for the period that the     cannot use the rules.                                  Split leasing agreements                                made continuously, and it must cover the
leasing agreement covers. This does,                                                                        • Separate, written leasing agreements between          actual kilometres driven split between
however, not affect the taxation basis.              3.3 Split leasing                                        the leasing company/employer and the                  business and private purposes respectively.
Proportional calculation and settlement of the       The model consists of two independent leasing            leasing company/employee must be
registration duty are often referred to as flex      agreements:                                              concluded. The leasing agreements must be             Split leasing in practice
leasing described in section 3.2 below.                                                                       independent, and the parties must solely be           The employer must in no way finance, be
                                                     • One agreement between the leasing
                                                                                                              liable for their own obligations in relation to the   liable for or guarantee the employee’s
                                                       company and the employer which covers
3.2 Flex leasing                                                                                              leasing company.                                      obligations via-à-vis the leasing company.
                                                       working hours and transportation for
In everyday speech flex leasing is the situation
                                                       business purposes.                                   • The employer has the preferential right to use
where the leasing company has the possibility                                                                                                                       In order for the scheme to be practicable and
of settling a proportional registration duty.        • One agreement between the leasing                      the car during working hours, and the                 at the same time comply with SKAT’s terms
Very often the model is described as                   company and the employee which                         employee has preferential right to use the car        and conditions, it is required that each party
continuous settlement of the duty, however,            covers spare time and transportation for               at other times (spare time).                          settles all operational costs (including costs for
this is not correct.                                   private purposes.                                    • The lease payment and all operational costs           petrol) proportionally and directly with the
                                                                                                              are for each of the parties settled directly with     leasing company. In this way it is ensured that
A very special rule makes it possible for            The model is to ensure that the employer as well         the leasing company.                                  each individual scheme is divided effectively
the leasing companies only to settle a               as the employee pays exactly each their part of                                                                between the parties.
proportional part of the total registration          the total costs on the basis of a detailed mileage     • The lease payment that covers the total
duty. This is an exception from the ordinary         log.                                                     operational costs, depreciation and interest          Split leasing cannot be used for self-employed
rules about payment of full registration duty                                                                 payment is split proportionally between the           businessmen, even though the Business Tax
when the car is registered in Denmark for the        As the employee pays all costs and bears the             parties on the basis of the actual kilometres         Scheme is applied, since the self-employed
first time. The registration duty is calculated in   financial risk regarding all private transportation,     driven.                                               businessman is one and the same legal
the usual way, and subsequently                      the employer has not made company car                  • The leasing agreements are required to be             person. If a leased car that is used for mixed
the leasing company is charged with a                available to the employee for private purposes.          identical, so that each party pays exactly the        purposes is kept out of the Business Tax
proportional part – equivalent to the leasing        Therefore, no taxation will occur according to the       same amount per kilometre driven.                     Scheme, the actual costs for using the car for
period. The proportional duty is, however,           general rules of taxation of company car.                                                                      business purposes can be refunded, and
paid up front, and therefore the payment is                                                                 Mileage log – split leasing                             consequently the model will in practice have
not continuous.                                      SKAT has approved the scheme provided that             In order to ensure that the employer only               the same effect as split leasing.
                                                     the following requirements of the wording of
9 | Company car/Own car




4. Choice of company car scheme                       the other hand it can be an advantage for the          • Petrol efficiency (how far does the car go per
The choice between own car or company car             employee to choose his/her own car, if a lot of          litre).                                           Our company car app can be
usually attracts great attention. The basis for       kilometres are driven for business purposes –                                                              downloaded free of charge from
                                                                                                             • Distance between home and work (for
choosing company car or own car is primarily          in particular if it is a low-price car – as the tax-                                                       www.deloitte.dk and is available for the
                                                                                                               calculation of lost mileage allowance, if any).
the financial consequences for both the               free mileage allowance rate is the same                                                                    following platforms:
employer and the employee.                            irrespective of the type of car that the               • Transportation for private purposes.
                                                      employee uses (new, used, lowprice or
                                                                                                             • Transportation for business purposes (for
It is difficult to give a precise answer as to when   expensive).
                                                                                                               calculation of the possibility of tax-free
it is most financially advantageous for the
                                                                                                               allowance when using own car).
parties to prefer the one model to the other as       4.1 Free app to more platforms
it depends on each individual situation.              Deloitte has developed an easily accessible            The conclusion summarizes the most
                                                      calculation model which on the basis of a few          important assumptions and calculated
For the employer it is most often a decisive          parameters gives a very precise indication of          amounts on which the calculations are based
factor whether the costs are unchanged,               which choice (company car or own car) is the           in the concrete situation.                                           Android
irrespective whether a company car is made            financially most optimum solution in the
available to the employee or the employee             concrete situation.
receives a higher salary combined with tax-free
mileage allowance when using his/her own car          Our model makes the calculation on an
for business purposes.                                assumption that the total annual costs for a
                                                      company car scheme is financed by an
For the employee it is important which solution       equivalently lower salary, i.e. the choice
                                                                                                                                                                                iPhone/iPad
is the most financially advantageous. This can        between company car and own car is cost-
be decided by making a calculation based on           neutral for the employer.
the price of the car, the mileage pattern and the
time of the purchase etc.                             The calculations are based on the following
                                                      concrete information which the user has to
Typically the calculations will show that the         provide:
employee shall choose company car if the
                                                      • The price of the car.
number of kilometres driven for business                                                                                                                                   PC                 Mac
purposes is low compared to the number of             • Calculation basis (which is most often lower
kilometres driven for private purposes. On              than the price).
10 | Company car/Own car




Offices in Denmark

Aalborg                           Kolding                  Silkeborg
Østre Havnepromenade 26, 4. sal   Egtved Allé 4            Papirfabrikken 26
9000 Aalborg                      6000 Kolding             8600 Silkeborg
Tel. +45 98 79 60 00              Tel. +45 75 53 00 00     Tel. +45 89 20 70 00
aalborg@deloitte.dk               kolding@deloitte.dk      silkeborg@deloitte.dk



Aarhus                            København                Slagelse
City Tower                        Weidekampsgade 6         Ndr. Ringgade 70 A
Værkmestergade 2, 18.-21. etage   2300 København S         4200 Slagelse
8000 Aarhus C                     Tel. +45 36 10 20 30     Tel. +45 58 55 82 00
Tel. +45 89 41 41 41              koebenhavn@deloitte.dk   slagelse@deloitte.dk
aarhus@deloitte.dk



Aars                              Løgstør                  Nuuk
Løgstørvej 14                     Jernbanegade 21          Imaneq 33, 6.-7. etage
9600 Aars                         9670 Løgstør             3900 Nuuk
Tel. +45 96 98 23 00              Tel. +45 98 79 61 90     Tel. +299 32 15 11
aars@deloitte.dk                  loegstoer@deloitte.dk    nuuk@deloitte.dk



Esbjerg                           Odense
Dokken 8                          Tværkajen 5
6700 Esbjerg                      5100 Odense C
Tel. +45 79 12 84 44              Tel. +45 63 14 66 00
esbjerg@deloitte.dk               odense@deloitte.dk
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