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The Swedish Taxation on Loans from Foreign Companies

The Swedish Taxation on Loans from Foreign Companies On 1 January 2010, the Swedish government changed the rule on taxation of prohibited loans between Swedish companies and their shareholders and extended the regulation to loans granted by foreign companies. By changing the rule to also comprise foreign companies, the government aims to eliminate tax avoidance. The inclusion of foreign corporations in national legislation has been subject to criticism by the consultative bodies in the government bill and in the legal debate. The expression of discontent is due to the fact that the extension of the statutory rules to foreign companies does not comply with the freedom of establishment. This article aims to provide a response as to whether the changes of the rule on taxation of prohibited loans are compatible with the freedom of establishment and, consequently, whether the Swedish government commits, by the extension of the statutory rules to foreign companies, a breach of the right of the freedom of establishment. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png EC Tax Review Kluwer Law International

The Swedish Taxation on Loans from Foreign Companies

EC Tax Review , Volume 20 (2) – Feb 1, 2011

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Publisher
Kluwer Law International
Copyright
Copyright © Kluwer Law International
ISSN
0928-2750
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Abstract

On 1 January 2010, the Swedish government changed the rule on taxation of prohibited loans between Swedish companies and their shareholders and extended the regulation to loans granted by foreign companies. By changing the rule to also comprise foreign companies, the government aims to eliminate tax avoidance. The inclusion of foreign corporations in national legislation has been subject to criticism by the consultative bodies in the government bill and in the legal debate. The expression of discontent is due to the fact that the extension of the statutory rules to foreign companies does not comply with the freedom of establishment. This article aims to provide a response as to whether the changes of the rule on taxation of prohibited loans are compatible with the freedom of establishment and, consequently, whether the Swedish government commits, by the extension of the statutory rules to foreign companies, a breach of the right of the freedom of establishment.

Journal

EC Tax ReviewKluwer Law International

Published: Feb 1, 2011

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