Ränteavdrag i företagssektorn
- Skatteverkets förslag till förändring
In Sweden the main principle is that interest expenses are deductable. The rules of limitations on interest deduction are exemptions to this main principle. The provisions, which came into force on the first of January 2009, have been inserted into Chapter 24 secs. 10 a ? e Swedish Income Tax Act (ITA). They are based on intercompany transactions that the Swedish Tax Agency has found have been carried out to deduct interest in Sweden while the recipient of the interest has a limited liability of taxation or is not liable of taxation at all. The limitations on interest deduction aim to preclude such operations and the main purpose is to preserve the Swedish tax base from tax revenue loss.The provisions have been criticized and the Swedish Tax Agency has been appointed by the Swedish Government to analyze the prevalence of interest deductions and the need for new deductibility limitations. This thesis aim to analyze whether the Swedish Tax Agency?s proposal of amendments on the limitations on interest deduction are adapted to its purpose.The Swedish Tax Agency has as a proposal stated that a form of disclosure-rules should be adopted. Disclosure-rules imply a liability on persons liable of taxation to declare for their way of tax planning. Such rules would increase the knowledge necessary for the Swedish Tax Agency. The conclusion that can be drawn is that disclosure-rules are appropriate. They would improve the opportunity to fulfil the purpose of the limitations on interest deduction, namely preclude tax planning.Another proposal of amendment from the Swedish Tax Agency is that the provision in Chapter 24 sec. 10 d second paragraph ITA should be generally applicable. It is questionable whether a provision with such content affects the legal security for the persons liable of taxation. A general application of this provision cannot be seen as adapted to its purpose. The rule result in an increased legal insecurity for the companies and the sharpening that the rule implies is not incentivized.The Swedish Tax Agency further propose that a decision according to Chapter 24 sec. 10 d second paragraph ITA could be decided in disadvantage for the person liable of taxation during a time limit of five years after the assessment year. The companies float in insecurity what tax effects their intercompany transactions would get. The companies legal insecurity is not proportional to the possible restrained effect such rule may have. Hereby the provision cannot be seen as appropriate for the purpose to preserve the Swedish tax base from tax revenue loss.