"Annan finansiell verksamhet" - En tolkning i ljuset av CFC-lagstiftningen
En tolkning i ljuset av CFC-lagstiftningen
The initial provisions concerning CFC-legislation were introduced 1990 and has since been subject to several revisions and adaptations. The fundamental purpose of the CFC-legislation is to prohibit and prevent tax evasion undertaken by such companies that own other foreign companies where generated income is subject to low rates of taxation. The CFC-legislation aims to provide the Swedish government with an op-portunity to tax this income. This is important in order to prevent tax avoidance and preserve the integrity of the system of taxation within Sweden. In order for the CFC-legislation to be as effective as possible there must exist a clear way of defining which activity that is to be regulated within its scope. There are several types of income re-gulated within the scope of CFC-legislation. An extensive part of the market consists of such activity that can be labeled as financial activity. Financial income is an impor-tant part of corporate finance and as such demands a clear definition. The CFC-legislation contains several provisions pertaining to income that may not be ex-empted from CFC-taxation. Such income is mainly derived from financial activity. This financial activity may be defined as pertaining to a bank or financial entity which operates in a professional and independent way. There is however a third category of financial activity merely designated as ?other financial activity?, according to the wording of the legislation. This gives rise to the question of what the definition of ?other finan-cial activity? is and how it should be interpreted. This thesis aims to define what this abstract prerequisite for CFC-taxation of financial activity means. This will be done with an emphasis on what constitutes an ordinary financial activity according to Swe-dish Law and how this is to be seen in contrast to ?other financial activity? The basic concepts of the definition of financial activity many times mirrors the definition of ?other financial activity?. A comparison and deeper analysis of different types of finan-cial activity is therefore required in order to provide a correct and clear answer.