Company car / Own car

Company car / Own car
Tax 2019                Tax
1 | 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 to more platforms
2 | Company car / Own car




Making the choice of                               mileage allowance applying as of 1 January          (conclusion of binding purchase, rental or         the age of the car by the number of months
                                                   2019.                                               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 car’s
considerations and analyses.                       car is made available to the employee by an         the car is actually traded (changes owner) at a       price including the registration tax,
                                                   employer for private purposes. Therefore, the       time that is more than 36 months after its            VAT, costs of delivery and
The big issue is whether it is an advantage to     rules apply first of 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 car                                                             a distinction between usual
whether it will be better to use one’s own car     does not trigger additional taxation. It is only    Purchase of a company car upon the expiry of          equipment and extra equipment,
for business purposes with the possibility of      the employee who can have a company car at          the leasing period is considered change of            pursuant to the Registration Tax Act.
mileage allowance. A precise answer requires       his/her disposal and, consequently, be subject      ownership just like a sale-and-lease-back
considerable calculations and depends              to taxation.                                        agreement. If a company car is handed over            Usual equipment means equipment
on thorough knowledge of the rules and                                                                 to an affiliated company, for instance as part        subject to registration tax, including
practices of taxation of company car as well as    The rules also apply to individuals, who            of a restructuring, it can be considered an           extra equipment in e.g. cars used for
the conditions for paying out a tax-free           are members of or assistants for boards,            actual change of ownership, whereas sale and          campaigns, if the equipment is
mileage allowance when using one’s own car         committees, commissions, councils etc. and          repurchasing of the same car will not be              mounted by the manufacturer or the
for business purposes.                             for self-employed, who have chosen to apply         accepted for tax purposes, unless the                 importer.
                                                   the rules of the Business Tax Scheme.               agreement can be justified clearly for
Deloitte has developed an easily accessible                                                            business purposes.                                    Pursuant to the Registration
calculation model, which on the basis of a few     1.2 Calculation basis                                                                                     Tax Act, extra equipment can be
parameters gives a very precise indication of      Company car is a taxable benefit and the value      New cars (less than 36 months old)                    exempted from the registration tax, if
which choice will be the best in each individual   is calculated as a standard percentage of the       The calculation basis for new cars acquired           the equipment is supplied and
situation. The model can be downloaded             car’s calculation basis. It is the mere right of    no more than 36 months after their first              mounted by the dealer according to
as an app from www.deloitte.dk and is also         disposal that is taxed. The extent of private use   registration is the original price of the car as      agreement between the dealer and
described in section 4.                            is not important.                                   new. This is called a date rule. After the first      the user, and the equipment is stated
                                                                                                       36 months, the calculation basis is 75% of the        separately on the contract as extra
This publication contains a brief introduction     The calculation basis depends on whether the        original price of the car as new. This is called      equipment.
to rules and practices for taxation of free        car is more or less than 36 months old at the       the month rule according to which the
company car and payment of tax-free                time when the employer acquires the car             calculation basis is reduced on the basis of
3 | 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 2016. As from October 2019, the calculation basis is
                                                                                                      reduced, no matter whether the car is delivered later on, e.g. in November/December 2016.
more than 36 months after the first               charge for diesel cars without a particle filter,
registration is the employer’s purchase           but exclusive of equalising duty for certain
                                                                                                       DKK                                                                         2016            2019            2019
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           Please note that any changes to the excise duty
                                                                                                       Reduction, after 36 months                                                       -                 -     -120,000
distinction between usual equipment and           will result in changes to the taxable value.
extra equipment. The calculation basis is the                                                          Calculation basis                                                       480,000           480,000        360,000
total purchase price of the car.                  What is included in the taxable value
                                                                                                       25% of DKK 300,000                                                       75,000            75,000         75,000
                                                  Operational costs, when using a company
1.3 Taxable value                                 car, are included in the taxable value, and the      20% of amounts above                                                     36,000            36,000         12,000
The taxable value of company car is equal to:     employer can pay these costs without the
                                                                                                       + Environmental charge                                                     6,750             6,750         6,750
                                                  employee being taxed additionally. These
• 25% of the first DKK 300,000 of the                                                                  (vehicle excise duty DKK 4,500)
                                                  costs are general operational costs, e.g. costs
  calculation basis.
                                                  for petrol/diesel, insurances, vehicle excise        Taxable value per year                                                   117,750           117,750        93,750
• 20% of the amount exceeding DKK 300,000.        duty as well as repairs and maintenance,
                                                                                                       Taxable value per month                                                    9,812             9,812         7,812
                                                  including drive-on products such as oil, wash,
• Environmental charge.
                                                  windshield fluid etc.
Irrespective whether the calculation basis is                                                         Employee’s self-payment
the price of a new car, 75% of the price of a     Costs for garage, parking space, parking            If, during the income year the employee has                    car, does not reduce the taxable value. Costs
new car or the purchase price, the                charges, ferry tickets, motorway charges,           paid the employer – with net pay – for                         that the employee pays himself/herself, do,
calculation shall always be based on the          bridge toll and purchase of roof rack for skies,    having the car at his/her disposal, the                        in principle, not reduce the taxable value.
amount of minimum DKK 160,000.                    child seat etc. are not operational costs and,      taxable value of the company car will be                       However, if the employee pays for general
                                                  thus, not included in the taxable value. If the     reduced by an equivalent amount within the                     operational costs, they can be reimbursed by
Environmental charge                              employer pays such costs, they will be treated      year in question. It is not important whether                  the employer as an outlay according to
The taxable value is increased by an              as taxable benefits, which must be taxed            the self-payment is paid by installments over                  receipts submitted, or they can be set-off
environmental charge. The charge is not           separately.                                         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.
4 | Company car / Own car




For instance, if the employee pays for petrol   1.4 Availability                                    the most expensive of the cars is taxed during      in principle, that the car is de-registered in
abroad – or other general operational costs –   If the car is only available for private use part   the actual month.                                   CRM and the registration plates are handed
they can be considered self-payments and,       of the year, the tax value will be reduced by                                                           over to the Danish Tax Agency.
thus, reduce the taxable value of the company   the number of months during which the car           The same applies if an employee changes job
car. It is, however, a condition that:          was not available to the employee. In this          in the middle of a month and has a company          1.5 Electric cars
                                                respect, one month is a continuous 30-day           car available from both workplaces. In this         An electric car is, in principle, comprised by the
                                                period and not a calendar month. For                case, the first employer must calculate and tax     general rules on taxation of company car, if
• The employee submits the original receipts
                                                instance, if the car has been available for the     the value of the company car for the whole          the car is made available for private use. The
  to the employer.
                                                period 1 January to 20 June and 10 August to        month according to general terms and                costs for electricity for recharging the car are
• The employer books the amount as an           31 December, the employee must be taxed of          conditions. The new employer must also              included and treated in the usual way as costs
  operational cost and at the same time         11/12 of its annual value, because the period       calculate the value of company car for the          for petrol/diesel etc.
  credits an equivalent amount as income in     with no car available is more than 30 days, but     whole month during which the employee
  the form of self-payment in the company car   less than 60 days.                                  starts employment, but can against docu-            Electric cars have been exempted from
  accounts.                                                                                         mentation set-off the value of the company          registration tax until the end of 2015, and the
                                                In case of an occasional loan of a company          car that has been reported by the previous          calculation basis solely constitutes the
Salary conversion                               car, the employee will also be taxed according      employer.                                           acquisition price including VAT. From 2016 to
It is insignificant whether a company car is    to the ordinary rules. This means that an                                                               2023, there is a gradual phase-in of registra-
included as part of the total remuneration      employee must be taxed for a whole year,            Storage/downtime insurance                          tion tax on electric cars.
package or the employee contributes             however, a deduction for the number of              A frequently asked question is whether it is
directly to the financing by accepting a        whole months during which the car was not           possible to avoid taxation of cars, which are       If the employer pays costs related to the
general and actual salary reduction.            available will be granted. This means that a        either put away for storage or which are            installation of a power charger at the
                                                loan/availability period of only a few hours        covered by a downtime insurance for                 employee’s residence, the amount should be
A reduction of the gross/cash salary is         actually triggers taxation of the value of a        instance. However, neither downtime                 added to the “calculation basis”.
not considered a self-payment for tax           company car for minimum one month (1/12             insurance nor dismounting and deposit of
purposes, because it is not made with net       of the annual value).                               registration plates with e.g. an insurance
pay. Consequently, taxation will take place                                                         company are sufficient to avoid taxation of a
according to the ordinary rules, and a salary   In case of changing cars in the middle of a         company car.
reduction can neither be set-off against nor    calendar month, taxation of both cars should
reduce the tax value.                           in principle be triggered in the actual month.      To avoid taxation of a company car, it is
                                                However, if both cars have not been available       decisive that an effective “deprivation of the
                                                at the same time, it will be accepted that only     availability” has taken place, and this requires,
5| 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 2019 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 taken place
                                                                                                                                                             Council has determined these rates:
business purposes, the employer can                 considered the son or daughter’s own car, when     by 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      • DKK 3.56 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
                                                                                                                                                             • DKK 1.98 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 is       If the employee has a transport pattern
                                                    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 residence           the workplace will occur for more than 60          justify the high or the low rate.
the costs can, however, be covered by the             and a workplace for up to 60 working days        working days within a 12-month period, the
employer as outlays according to receipts             within the preceeding 12 months.                 transportation can be considered made for          When the limit of 20,000 kilometres
submitted. In order to have the expenses                                                               business purposes. There is no direct              for business purposes in the individual
                                                    • Transportation between workplaces.
covered, it is a condition that the employee                                                           requirement to control that the rule has been      calendar year is exceeded, the rate will be
can show original receipts.                         • Transportation within the same                   complied with. The Danish Tax Agency can,          reduced. If an employee has several
                                                      workplace.                                       however, with future effect for up to 12           employers at the same time or during the
2.1 Own car                                                                                            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.
                                                    This 60-day rule means that transportation
is a condition that the employee drives in his/                                                        actually business-related (e.g. by making
                                                    will no longer be considered business-related
her own car.                                                                                           mileage accounts).                                 It is the actual number of kilometres driven
                                                    when an employee has driven from his/her
                                                                                                                                                          during the calendar year, which decides
                                                    residence to a workplace for more than 60
“Own car” is a car that is registered in the                                                           2.3 Tax-free mileage allowance                     which rate to be used. Thus the mileage
                                                    working days within a period of 12 months.
employee’s own name. A car that is leased in                                                           Both Danish and foreign employers and              allowance must be calculated on the basis
                                                    Therefore, the employee is no longer entitled
one’s own name (private leasing) is also                                                               assignors can pay out tax-free mileage             of the rates that applied on the date of the
                                                    to a tax-free mileage allowance.
considered one’s own car. A car that is                                                                allowance to the employee for transportation       transportation – even though the actual
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.
6 | 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
the employee cannot deduct the differential           employee to reduce his/her gross salary, show        necessary information.                             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,     be used as basis for the calculation.
                                                        civil registration no. (CPR-number).
at the time of payout and the part of the                                                                  the person approving the payout must be able
amount that exceeds the rates is treated as           • The business purpose of the                        to 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, if it is
                                                      • Number of kilometres driven.
allowance are taxable and considered salary.                                                               2.6 Reporting                                      leased compared to a purchased car. This is
Mileage allowance is also taxable, if it is set-off   • Rates applied.                                     Payout of tax-free mileage allowance must be       solely due to the fact that the leasing compa-
fully or partly against cash salary already                                                                reported, and the employer is liable to report     nies (who own the car) can purchase the car at
                                                      • Calculation of the mileage allowance.
agreed upon.                                                                                               the amounts paid out on a month-by-month           a lower price than the price at which an
                                                                                                           basis to eIncome in box 48 with seperately         employer can purchase it.
The tax exemption is conditioned by the                                                                    income type, code 0109.
employee not having compensated his/her
7| Company car / Own car




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




4. Choice of company car scheme                       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 summarises 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 each situation.                                                   Android
irrespective whether a company car is made            financially most optimum solution in each
available to the employee, or the employee            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
                                                      individual information, which the user has
Typically, the calculations will show that the        to provide:
employee should 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 the          than the price).
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                Nuuk
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Tel. +45 89 41 41 41              koebenhavn@deloitte.dk   nuuk@deloitte.dk
aarhus@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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