Beskattning av löneförmåner
förutsebarheten av vissa löneförmåners skatteplikt alternativt dess skattefrihet
Not all payments that an employee receives are cash salary, but may also be salary benefits. It should not matter in which form an employee receives payment, taxation shall be equal despite the form of salary. Cash salary as well as salary in benefits are covered by a general rule in the Swedish Tax Law and shall therefore be taxed when they have a connection to the work performed. There are exemptions to the general rule as some benefits are tax free. In general, taxation shall be easy to foresee. The legal rules that are treated in this thesis have a general meaning. Therefore the legal rules sometimes have to be filled in or interpreted in order to clarify the meaning of them. As for the provision in 11:8 IL the meaning of it has been clarified by preambles, case law and by recommendations made by The Swedish Tax Agency. Still, the provision may not always be easy to foresee but circumstances in every specific case should make the outcome somewhat foreseeable.Benefits in the form of cars, boats and holiday houses are all benefits that fall within the general rule in 11:1 IL. For benefits in the form of cars to be taxable the car actually has to have been used. While benefits in the form of boats and holiday houses may be taxed just by being available for use. Consequently, it cannot be said that these benefits are treated in the same way. In that sense the provision is not easy to foresee. By developments in case law and by the background in the preambles different treatments of these benefits may be justified.