Koncerngemensamma kostnaders roll för spärrbeloppet
En studie av Avräkningslagen
The subsidiary company of Swedish Match AB called Intermatch Sweden AB has submitted a claim to RegR for them to change the notification of SRN, regarding the company?s settlement of foreign tax. To make the matter clear Intermatch Sweden AB has pointed out that they consider deductions for depreciations not to have an effect on the foreign income when the amount to settle is calculated. The intention with this study is to analyse the legal situation regarding how the level of the settlement is affected by the consolidated costs. Such as additional depreciations regulated in the law ?Settlements of foreign tax?. In the process I will aspire to address the arguments of the study with the help of one ruling put in focus and related previous ruling. Additional depreciations of the assets, which arise due to the depreciation as recorded in the books, should not reduce the foreign income when the level of settlement is to be calculated the RegR has pronounced. I don?t see a complete analogy in the way the different consolidated costs has affected the outcome of the rulings in regards to the level of settlement. By that I mean that the costs at hand have affected the calculation in different ways and these differences have not been presented by the company in question In doing so disregarding how the denominator and the Swedish tax are affected. A new bill has been accepted and will take effect on January 1st 2009 witch means that the issues at hand will lead to a different conclusion since additional depreciations after January 1st 2009 will be treated as a cost of the operations when calculating the level of settlement.