Sweden has an interest deduction limitation whereby deduction for intra-group interest expenses is not allowed, unless certain exemptions apply. A new general interest deduction limitation has been expected for some time, however, and in June 2017 the Swedish government issued a paper on the new rules and certain other changes to the corporate taxation. The paper will be subject to consultation, with input required by end of September 2017. The suggested rules are proposed to apply to financial years staring later than June 30 2018.
The main proposal is that a general limitation of net interest deductions (any negative net between the interest income and the interest expenses in excess of SEK 100,000 ($12,400) on a group basis) is introduced as an EBIT rule. The cap for the deduction of net interest exposes is calculated as 35% of earnings before interest and tax. As an alternative, the government proposes an EBITDA rule, where the cap is calculated as 25% of earnings before interest, tax, depreciation and amortisation.
Equalisation of interest deduction capacity within a tax group is proposed to be allowed. This is achieved by allowing a group company with a positive net interest to use the negative net interest of another group company. Further, unutilised interest deduction capacity can be utilised in the following six years, but may be forfeited in the event of a change of ownership,
Under the proposal, the existing rules on interest deduction limitation for intra-group interest expenses would remain in place. However, exemptions from intra-group limitations would be removed and replaced by a rule allowing interest deduction if the lender is:
An interest deduction prohibition is also proposed in respect of certain cross-border situations (hybrid rules). The prohibition applies when a company in another state obtains a tax deduction for the same interest expense or when the corresponding interest income is not subject to tax due to the classification of the income for tax purposes.
To compensate for the general restriction on interest deductions it is proposed that the corporate tax rate is reduced from 22% to 20%.
A Swedish company may allocate up to 25% of its taxable profits to a tax equalisation reserve. The reserve must be reversed within six years from the allocation. In the government's proposal it is suggested that a reversal of existing allocations will be at 110% if the reserve is reversed to taxation at the proposed lower corporate tax rate.
Another transitional measure is a limitation in the use of carry-forward tax losses during a two- or three-year period following the introduction of the new rules. The limitation essentially means that only 50% of taxable profits can be reduced by carry-forward tax losses, with the remainder of the losses being brought forward.
The rules for impairment deductions for residential buildings are changed in such a way that, in addition to the normal deduction for depreciation, 10% of the expenses may be deducted within a five-year period from completion of the building.
It should also be noted that the proposals include tax rules on financial leases. Sweden does currently not have any specific tax rules on the taxation of such leases.
The Swedish rules for interest deductions in the corporate sector have been the subject to discussions and various changes for many years. The government has now presented its proposal on how Sweden will adapt its legislation regarding interest deductions in line with the EU Anti-Tax Avoidance Directive (ATAD). It is noted that the government's primary proposal is an EBIT rule, despite of the fact that EBITDA is generally internationally applied and also endorsed by the OECD and the EU. The government also advocates that the current interest deduction limitation rules should remain, albeit with a somewhat more limited scope. This is despite the objections, for example, in respect of legal certainty and difficulties in applying these rules.
After the first attempt to revise the legislation on the taxation of dividends and gains on shares in closely held companies was heavily criticised, an amended proposal was published in March 2017. The proposal has been submitted to the Council on Legislation for review and could be passed by Parliament during the autumn. If so, the new legislation will probably enter into force on January 1 2018.
A government committee has in March 2017 presented a proposal on changes to the taxation of sale of property companies. The main issue dealt with is the taxation of gains on the sale of 'property boxes', that is the sale of companies holding mainly real property assets. Under Swedish tax law, any gain on such sales is normally tax-exempt if properly structured.
To prevent the use of property boxes, and to increase the tax take on the sale of properties, the committee proposes that a direct or an indirect sale of a property company that mainly holds property should be taxed as if the property was sold and immediately repurchased at market value. This means in essence that the property company, not the seller, would be subject to the 22% corporate tax on the difference between the property's fair market value and its tax base value. In addition, the transferred company has to report a deemed taxable income of 7.09% multiplied with the higher of the property's market value or its tax base value. This is intended to be equivalent to the stamp duty charged on an outright sale of real property. In the proposal it is also suggested that the stamp duty should be lowered from 4.25% to 2% and abolished for intra-group transfers.
The proposal contains no grandfathering provisions. Consequently, if the proposal would become law, it would also affect current property structures. The committee proposes that the new rules should apply from July 1 2018.
The proposal has been subject to extensive debate and it is currently unclear whether it will result in legislation. This being the case, the proposal has already affected the property market and, more specifically, the treatment of deferred tax liabilities in connection with the sale of shares in property companies. Hence, investors holding property assets in Swedish companies should carefully follow the development, especially the ones considering divesting or investing in the near future.
In December 2016, the Swedish Tax Agency (STA) took an interesting decision following a tax audit. In short, the case concerns three group companies that apply a TP model whereby 25% of all group profits are directly allocated to a Maltese group company in the form of a royalty for the company's intangible rights. The Maltese company paid in turn the Swedish and UK group companies a cost plus based fee for their provision of services. The remaining 75% of the group's profits were split between the UK (45%), Sweden (45%) and Malta (10%).
The STA disregarded the group's TP model and instead elected to treat Malta as a cost-plus service provider, with the remaining profits being split between the UK and Sweden. This resulted in significant changes to the allocation of profits.
In the decision, the STA relied upon the OECD BEPS recommendations, particularly Actions 8-10 (aligning transfer pricing outcomes with value creation) to make its decision and focused heavily on:
The STA disregarded the legal ownership of the intangibles in Malta. Instead, it focused on the key people of the group and their location. The key people were employed in Sweden and the UK.
As this is only a decision from the STA, the outcome may change in future court proceedings. Nevertheless, the decision provides a useful insight into how the STA interprets the Swedish TP regulations following the OECD recommendations and clarifies its view of the arm's-length principle.
In 2017 the Swedish Parliament passed new regulations on transfer pricing documentation and country-by-country reporting (CbCR). The regulations are applicable for companies with financial years commencing on April 1 2017 or later. The new legislation complies with the OECD's Action 13 recommendations and includes a CbC report, a master file and a local file.
The CbC report shall be submitted within 12 months of the end of the financial year, for the first time for financial years starting January 1 2016. It is applicable for multinational groups which in the preceding financial year have reported consolidated revenues exceeding SEK 7 billion. It should be submitted through the OECD's XML Scheme standardised electronic format and there will be automatic exchange of those reports between tax authorities both in the EU and between tax authorities in those countries which have signed the Multilateral Competent Authority Agreement (MCAA).
A CbCR notification pointing out the company filing the CbC report is a requirement for all Swedish companies and permanent establishments which are part of a group which has to prepare a CbC report.
The master file and local file requirements apply for financial years commencing on April 1 2017 or later. The legislation widens the scope of those obliged to prepare TP documentation to also include foreign companies with permanent establishments in Sweden, Swedish companies with permanent establishments abroad and Swedish unlimited partnerships.
Companies will have to prepare the transfer pricing documentation if the company had more than 250 employees and either had a revenue exceeding SEK 450 million or total assets exceeding SEK 400 million in the preceding financial year.
The rules regarding recoverability on entertainment costs relating to lunches, dinners and similar occasions has changed from January 1 2017. According to the new regulations, the recovery of input VAT is limited to the VAT on SEK 300 per person and occasion, given that the cost is equivalent to or is more than SEK 300 per person and occasion. Earlier, the recoverable VAT could vary from SEK 180 to SEK 300 depending on the type of entertainment cost. Also, it is no longer allowed to deduct these costs for corporate income tax purposes, except for simple treats.
A new VAT definition of real property was introduced on January 1 2017. To harmonise the Swedish VAT definition of real property with the EU definition, the Swedish VAT definition of real property follows now the definition in Article 13b of the Council Implementing Regulation (EU) No 282/2011 of March 15 2011. There are a lot of similarities between the old and the new definition, but the differences could have significant impact on certain situations, such as:
A new Swedish chemical tax for electronic products that are sold in or brought into Sweden took effect from July 1 2017. The purpose of the tax is to reduce the amount of certain chemicals in private homes and is therefore targeted at household electronic products.
The new chemical tax will impact businesses that makes, sells or purchases white goods and electronic products in Sweden. Under certain conditions a business can register as a chemical tax warehouse holder with the STA, which could have an effect on which company in the transaction chain that should be liable to report and pay the tax and also at what time the tax should be reported.
The chemical tax is based on weight and not price. For white goods, the chemical tax will be charged at a rate of SEK 8 per kg and for electronic products at a rate of SEK 120 per kg, with a maximum tax of SEK 320 per product. Depending on the amount of chemicals included in the product it is possible to reduce the tax rate by either 50% or 90%.
In June 2017, Sweden reaffirmed its commitment to the OECD BEPS initiative and signed up to the multilateral instrument (MLI). The MLI facilitates double tax treaty negotiations and the implementation of two minimum BEPS standards on treaty abuse prevention and dispute resolution through a mutual agreement procedure. Yet, the government has held back from applying certain articles, specifically relating to mandatory binding arbitration.
"I think the strange position of Sweden is that officially the government has embraced BEPS and they are publicly very enthusiastic about it, but I think they understand that Sweden will probably lose tax revenue having signed the MLI treaty," Martin Nilsson, the head of tax at Mannheimer Swartling. "Sweden wants to participate, but on the other hand we are sceptical of what it may mean in practice. We have reservations about many things in the MLI."
Nevertheless, the Swedish government is unlikely to change course at this point. Since the launch of the BEPS initiative, Sweden has implemented many of the OECD's recommendations. This includes provisions on the tax code, transfer pricing and transparency. In the meantime the Swedish market has seen an increase in scrutiny from the Swedish Tax Agency (Skatteverket), but this is not a new trend in itself.
Skatteverket has been increasingly aggressive for a decade, and this pattern is replicated across the Nordic countries. What is new is not the level of scrutiny facing taxpayers, but the focus of the scrutiny itself. Many Swedish companies have started to review their tax structures since the BEPS project was first launched, and there has been a rise in demand for restructuring work in particular.
This isn't the only area of change. New requirements for TP documentation in Sweden came into effect in April 2017. These new measures bring existing rules in line with OECD standards, specifically the automatic exchange of country-by-country reports (CbC reports) in the form of the master file and local file. The Swedish Parliament approved the legislation based on drafts submitted by the Swedish tax authorities in 2016.
These measures include new rules for foreign companies with a permanent presence in Sweden, but also for Swedish businesses with an established presence abroad. The rules apply to Swedish unlimited partnerships, particularly in cases where transactions with a foreign enterprise are taxed in Sweden.
Meanwhile it is now obligatory for large international companies based in Sweden to file reports on the jurisdictions in which they operate. This applies to multinationals with more than SEK 7 billion ($880 million) in revenue every year, which are obliged to provide data on every jurisdiction in which they operate.
There are exemptions for companies with less than 250 employees, assets under SEK 400 million and revenue less than SEK 450 million. The impact of such changes to tax law has been to increase demand for compliance. This trend could be followed up by a rise in tax disputes and litigation going forward.
On June 20, Sweden released a memorandum containing proposals to cut the corporate tax rate from 22% to 20% and implement new interest deduction rules. The measures, which will be subject to a consultation with input required by September 26 2017, could be in place as soon as June 1 2018.
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KPMG Sweden is a fully integrated tax practice focusing on the unique business needs of our clients. With exceptional technical knowledge as our base, we assist with wide-ranging tax services including corporate and international tax, technology and outsourcing solutions, M&A tax, global mobility services, indirect tax and transfer pricing. Our key strengths include financial services, real estate, and dispute resolution.
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Mannheimer Swartling is the largest law firm in the Nordic region and regularly receives instructions on Sweden's most prominent and complex financial and corporate law matters. The firm's position on the market across all practice areas is frequently confirmed by rankings in the league tables and awards institutes.
The firm's Corporate Tax practice comprises a team of 12 lawyers who advise exclusively on tax issues. The practice primarily advises on domestic and cross-border M&A, reorganisations, structured finance, private equity and venture capital, incentive plans and transfer pricing.
Skeppsbron Skatt AB
SE-111 30 Stockholm
Tel: +46 8 522 441 00
Fax: +46 8 23 63 30
Skeppsbron Skatt is Sweden's largest independent full service tax advisory firm, providing tax advice of the highest quality on complex tax issues involving Swedish and international corporate taxation and VAT. Our clients are primarily large and medium-sized companies. A sizeable share of our business consists of advising clients on day-to-day tax issues, although we also focus on transaction-based advice. Skeppsbron Skatt also commands specialist expertise in conducting complex tax litigation.
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Skeppsbron Skatt AB is, exclusively, Taxand Sweden.
Svalner Skatt & Transaktion KB
111 46 Stockholm (Headquarters)
Phone: + 46-70-431 26 42
Main areas of focus:
Corporate Tax, Mergers & Acquisitions, Real Estate Tax, Transfer Pricing, International Tax & Permanent Establishments, Indirect Tax, VAT, Customs, Private Clients, Global Mobility, Tax Controversy and Tax Technology
|Corporate Income Tax||22%|
|Net Operating Losses (years)|
|Royalties from, for example, patents, know-how||0%||22%||A|
|Branch Remittance Tax||0%||A|
Source: Skeppsbron Skatt, Taxand Sweden
With offices in Stockholm, Gothenburg, Malmö, Uppsala, Örebro and Helsingborg, Advokatfirman Lindahl is a rapidly growing firm that works with clients in knowledge-based and technological industries.
The firm's tax team assists clients with commercial operation taxation in addition to income and capital tax issues. The team also provides support for companies establishing businesses in Sweden, as well as assisting with the transference of family businesses from one generation to the next. The team is led by Johan Myrén in the Gothenburg Office and Anna Romell Stenmark in the Uppsala office.
Baker McKenzie offers a wide range of tax services, such as corporate tax, restructuring, disputes and litigation. Key contacts at the firm include partner Linnéa Back and associate Patrik Sedlar. Back focuses on litigation and reorganisation, while Sedlar specialises in corporate tax and transfer pricing.
The tax practice draws domestic and multinational clients from major industries, including pharmaceuticals, financial services, healthcare and the digital economy. The firm offers to represent such companies before the Swedish tax authorities. This includes disputes and applications for advance tax rulings.
Bird & Bird offers an integrated international tax team with partners around the world to support clients in all areas of taxation, with a special emphasis on VAT and European indirect taxes. The team also frequently collaborates with the firm's employee incentives and benefits team. At the Stockholm office, Bird & Bird focuses on clients from a range of sectors including technology, media, healthcare, energy, aviation and retail.
Key contacts at the Swedish practice include partners Rickard Poppelman, an expert in corporate law and M&A, and Carl-Magnus Uggla, who has 16 years of experience in international corporate tax.
Frida Haglund is the head of the tax and legal practice at Deloitte. She has more than 20 years of experience in international tax, incentive schemes, labour law and social security. She works closely with Elvira Allvin, who oversees transfer pricing services. With close to 220 tax professionals, Deloitte Sweden has one of the biggest tax practices in the country and offers clients the full service range.
The Swedish tax team takes a multidisciplinary approach to the spectrum of tax issues, including corporate and international tax, transfer pricing, M&A transactions and indirect tax. The department combines industry knowledge with technical tax expertise. The firm's client base includes major domestic and multinational companies, financial institutions and high-net-worth individuals.
As part of Deloitte Nordic, the Swedish firm works closely with its counterparts in Denmark, Finland, Norway and Iceland. The strategy to integrate the Nordic firms is combined with Deloitte's initiative to deploy new automated solutions for tax matters. This is intended to utilise the increasing digitalisation of tax to improve service delivery.
Delphi is a commercial law firm with five offices across Sweden. The tax team advises clients on domestic and international matters surrounding M&A, transaction taxes and building businesses in Sweden. The tax practice works with a large circle of lawyers globally to ensure that the firm can offer the best advice to clients on international affairs.
Key partners in the tax practice at Delphi include Pär Abrahamson and Thomas Håkansson. The firm's recent work includes advising Lucendo Holding AB in the sale of Humany (a leading piece of artificial intelligence software) to Telia.
Erik Björkeson is the head of tax services at DLA Piper. He has more than 17 years of experience in tax law, working extensively on international tax, corporate tax and VAT. Björkeson is also the head of the Nordic regional tax practice.
The Stockholm tax team consists of five professionals focused on key tax issues such as M&A deals and cross-border transactions. The firm's remit extends to tax controversy, dispute resolution, transfer pricing matters, planning, VAT and customs duties. Clients include domestic and multinational companies, government agencies and financial institutions. The firm's industry focus spans real estate, energy, life sciences, technology and financial services like investment, private equity and venture capital.
Carl Pihlgren is the head of tax at EY's tax team in Sweden. He has more than 22 years of experience and oversees EY's Nordic tax services as part of his role at the firm. Another key figure at the firm is partner Mikael Hall, who oversees the transfer pricing practice. The tax team offers the full range of services, such as international tax, transactions, controversy, VAT and customs to clients from all major industries. The firm's key practice areas include automotive, pharmaceuticals, telecommunications and energy. The practice is adept at keeping clients up to date with international developments.
With offices in 22 Swedish cities, Grant Thornton provides comprehensive tax advice to businesses and individuals around the county. The firm advises clients on both Swedish and international tax laws, VAT and the Companies Act. Grant Thornton also supports its international clients with transfer pricing and expatriate tax.
Monica Söderlund leads the team of 50 tax specialist across the Swedish offices who work with Grant Thornton's other departments to design tax-efficient structures for its clients and offer comprehensive legal advice which is integrated with business strategy. The team also supports clients with profit repatriation, employee transfers, tax equalisation and profit extraction.
With offices in Stockholm and Gothenburg, Magnusson offers a full service range relating to tax advice. The head of tax practice is Per Wiker, who focuses on corporate and international tax. The tax team advises a variety of businesses including financial institutions, corporate groups, investment funds and real estate companies.
Another distinguished partner is Eric Cederström, who specialises in corporate tax, international tax and fund formation. Both Cederström and Wiker have past experience at Deloitte. The tax practice works in tandem with the firm's other departments, particularly the M&A, finance and litigation teams.
The Swedish tax group at KPMG is overseen by Tina Zetterlund. She has more than 16 years of experience in the tax field, in which she has amassed a wealth of knowledge in such areas as M&A deals, cross-border transactions, restructuring and tax strategy. Other key team members include Pontus Fornell, Johan Rick and Björn Johansson.
KPMG Sweden offers a full range of services to sectors like the manufacturing, finance, retail and digital industries. Well regarded by clients and peers alike, the tax practice serves major domestic and international companies, including financial institutions and various funds. Annika Lindström oversees the firm's transfer pricing services. She has more than 22 years of experience in transfer pricing and has led the TP practice for 12 years.
Linklaters takes pride in its large Nordic tax group, which is able to work with the firm's international network to advise clients on complex domestic and cross-border transactions. The Swedish team is led by Ebba Perman Borg and includes Elin Delerud, both of whom recently advised Microsoft on the acquisition of Donya Labs.
The firm offers a wide range of tax services, including M&A and joint ventures, real estate, capital raising and structured finance. It also has a tax team which offers highly-acclaimed tax litigation services.
Martin Nilsson is the head of tax at Mannheimer Swartling. He focuses on tax issues in relation to selling companies and real estate, as well as restructuring, private equity and financing. Nilsson has strong expertise in incentive schemes, unlisted companies and venture capital.
The tax team consists of five partners and nine other fee earners, and offers the full range of tax services, covering such areas as corporate reorganisations, transfer pricing, M&A deals and other transactions. The firm's industry focus spans energy, natural resources, finance, real estate, shipping, healthcare and life sciences.
Mannheimer Swartling is one of the leading business law firms in the Nordic countries. The firm has international reach, with offices in the US, Russia, China and an EU office based in Belgium. This global scope includes a network of law firms in 16 African states.
MAQS Advokatbyrå has roots in Sweden from the 1800s, but has existed in its current form since 2002. The firm has 175 employees across offices in Stockholm, Gothenburg and Malmö, and a large international network that it collaborates with to meet clients' needs.
The members of its tax team pride themselves on taking a proactive approach to advising clients on taxation in the areas of restructuring, company transactions, properties, expatriate employees, incentive programmes, and handling of the 3:12 rules. Key partners in the tax team are Lars Odinge and Krister Hjelmstedt.
Mikael Carlén is the head of the tax department at PwC Sweden. With offices in Stockholm, Gothenburg and Malmö, among others, the Swedish tax practice comprises 36 partners and 341 other professionals offering clients the full range of services. This extensive remit includes corporate tax, compliance, accounting, reporting, restructuring and project management. The firm's client base includes large Swedish multinational companies from major sectors like medical technology, pharmaceuticals, finance and telecommunications.
Settterwalls is a leading Swedish law firm with offices in Stockholm, Göteborg and Malmö and professional contact with firms around the world. Its tax team provides advice and services around income tax, VAT and other domestic and international tax issues, as well as providing tax optimisation strategies and advice on M&A, restructuring and financing.
Key partners in the team, each leading one of the firm's offices, are Sören Brekell, Karl-Johan Nörklit and Christian Sjöqvist. Brekell, who is head of the specialist tax team, has a wealth of experience executing restructuring, as well as specific knowledge of taxation within the energy, construction and securities industries. Nörklit offers expertise in tax legislation.
The tax division at Skeppsbron Skatt, Taxand Sweden consists of 12 partners and 24 other tax professionals. Managing partner Mac Berlin is the head of the department. The firm offers the full suite of tax services, including corporate tax, disputes, litigation, TP issues and VAT.
New team members include Beatrice Carlsten Gabrielsson, Filip Fägnell and Jenny Lindahl. The team has impressive expertise in corporate tax issues, whether it be litigation or transfer pricing. The firm's client base includes large and medium-sized companies, both national and international, from such industries as finance, insurance, real estate and construction.
Skeppsbron Skatt is one of the founding members of Taxand, one of the world's largest networks of independent tax advisers. The global Taxand network encompasses more than 400 partners and 2,000 tax advisers operating in nearly 50 countries.
Managing partner Viktor Sandberg heads the tax group at Svalner. He works in tandem with Mattias Fri, who oversees indirect tax affairs. Sandberg's expertise covers international and corporate tax, M&A deals and restructuring.
With 10 partners and 36 other tax specialists, the firm offers clients the full range of advice and support. This remit covers the whole spectrum of direct and indirect tax matters, such as corporate and international tax, transactions and dispute resolution. Recent additions to the team include Anna Persson and Fredrik Berndt. The firm's industry focus covers key economic sectors like real estate, finance, healthcare and telecommunications.
Svalner is a member of WTS Global, an international alliance of independent firms which has a presence in more than 100 countries. The firm's diverse client base includes large multinational corporate groups and private clients.
The tax group at Vinge provides a comprehensive range of advice and support on domestic and international tax matters. The firm's remit covers such areas as corporate restructuring, project finance, profit repatriation, tax disputes, VAT and other indirect tax matters. A key partner at the tax group is Mattias Schömer, who has impressive expertise in international corporate tax, particularly the formation of debt and private equity funds. He also has in-depth knowledge of incentive schemes.
Wistrand, which recently celebrated its centenary in practice, is an acclaimed firm with offices in Stockholm and Gothenburg. The firm's tax team keeps itself up to date with tax laws in Sweden and offers its clients complete support around taxation including advice on VAT and EU tax law, as well as corporate, private and capital gains tax.
Wistrand's tax team includes eight partners and 19 other professionals. The partners are Peter Brandt, Tomas Hecht, Erik Klinton, Tommy Lundqvist, Christian Luthman, Conny Otteland, Peter Sandberg, Nils Sköld and Göran Sohlberg.