Sweden–MNE Tax

Austria

Recent corporate tax trends in EU countries: Cristina Enache / Tax Foundation→

April 5, 2022

Europe

Swedish Administrative Court rules in favor of the taxpayer in transfer pricing case about control and substance

March 24, 2022

Erik Koponen, Censio Tax, discusses the February 28 Swedish Administrative Court ruling against the Swedish Tax Agency, and in favor of the taxpayer, Pandox AB, in a transfer pricing case dealing with substance and capability to control risk.

Estonia

EU finance ministers fail to unanimously agree on proposed Pillar Two directive; the date on which member states would make it effective had been moved from Jan. 2023 to Dec. 2023 in compromise text; the UTPR is delayed to Dec. 2024 under this compromise; Estonia, Malta, Poland, and Sweden still have reservations; will try again Apr. 5: János Ammann / EURACTIV→

March 15, 2022

Denmark

Danish High Court rules on the application of EU Arbitration Convention and MAP in transfer pricing case

March 9, 2022

Susi Baerentzen, Carlsberg Foundation Postdoctoral Fellow, discusses a recent transfer pricing ruling from the High Court of Eastern Denmark in a case on the application of the EU Arbitration Convention and mutual agreement procedures; this ruling is an indication that settling disputes by arbitration is an outcome that will become ever more important in the future of Danish tax law.

Europe

ECJ rules the European Commission has authority under state aid rules to examine the compensation Romania paid to Swedish investors when implementing an arbitral award

February 16, 2022

Dragos Dancau, Ericsson, discusses the January 25 ECJ case where it ruled that the European Commission had competence to examine under state aid rules the compensation Romania made following an arbitral award linked to the Sweden-Romania bilateral investment treaty.

Europe

Swedish Administrative Court of Appeal did not consider multiple-year data, adjusted the taxable result

January 26, 2022

Emiliha Ferrão, Censio Tax, discusses Sweden’s Administrative Court of Appeal’s November 2021 ruling in favor of the Swedish Tax Authority in a case involving a change of transfer pricing methodology and a restrictive use of multiple-year results to support . . .

Austria

EU’s path forward on global minimum tax is under debate

January 18, 2022

EU member states are at odds on various issues related to the directive to implement within the EU the global minimum tax portion of the OECD agreement, with several members expressing concerns about key aspects in a January 17 Economic and Financial Affairs Council . . .

Americas

Poland transfer pricing laws under review to strengthen system against tax evasive behavior

January 14, 2022

Dr. Monika Laskowska, Warsaw School of Economics, discusses the Polish Ministry of Finance’s participation since November in a project coordinated by the European Commission to reform Polish transfer pricing regulations; the project is planned to . . .

Denmark

Danish beneficial ownership cases on interest – High Court rules in favor of tax administration

December 15, 2021

Susi Baerentzen, Carlsberg Foundation Postdoctoral Fellow, discusses the November 25 High Court of Eastern Denmark ruling in two of the famous beneficial ownership cases, both of which are on interest; the cases are part of a group of six such cases that the CJEU made world-famous when . . .

Africa

OECD updates and expands transfer pricing country profiles

December 13, 2021

The OECD today released updated transfer pricing country profiles for 21 countries, including three countries for which it has not previously published profiles: Albania, Kenya, and . . .

Americas

Tax dispute resolution via mutual agreement procedure works, mostly, but is still slow

November 23, 2021

Around 75% of mutual agreement procedure (MAP) cases concluded worldwide in 2020 – both for transfer pricing and other tax cases – resulted in full resolution of the issue, according to the OECD’s 2020 MAP statistics released November 22, with only . . .

Asia-Pacific

Russia’s new double tax treaty policy: the score is 3 to 1

August 4, 2021

Roustam Vakhitov, Crowe Expertiza, analyzes Russia’s new tax treaty policy following the government’s June 7 notice to the Dutch government of Russia’s intent to terminate the double tax treaty between the two countries after a failure to . . .

Europe

EU court rejects Swedish rules limiting deductions for cross-border interest payments

February 24, 2021

Emiliha Ferrão, a transfer pricing specialist at Thorning Koponen Consulting in Stockholm, Sweden, discusses the implications of a European Court of Justice ruling, issued January 20, on Swedish tax rules that limit deductions for some cross-border interest payments . . .

Americas

Report estimates effective tax rates on investment in the EU member states, North Macedonia, Turkey, UK, Norway, Switzerland, Canada, Japan, and US: EU Commission→

February 19, 2021

Europe

Swedish court denies telecom giant’s tax deduction for exchange losses

January 20, 2021

Erik Koponen, Transfer Pricing Specialist at Thorning Koponen Consulting, Sweden, discusses a Swedish Lower Administrative Court decision issued on January 4 that upheld the Swedish tax agency’s denial of a deduction for losses related to a currency conversion of a loan . . .

Europe

Swedish tax agency clarifies DAC6 transfer pricing hallmarks

January 13, 2021

Emilia Ferrão, a Transfer pricing specialist at Thorning Koponen Consulting in Stockholm, Sweden, discusses Swedish tax agency guidance issued in November and December 2020 that clarifies Sweden’s position on DAC6 “hallmarks” that trigger reporting related to transfer pricing . . .

Africa

OECD publishes details on 40 countries’ uptake of transfer pricing rules for hard-to-value intangibles

December 16, 2020

The OECD today published 40 responses to a questionnaire that asked officials whether their country has adopted transfer pricing rules for . . .

Europe

Sweden proposes to deny tax deductions for interest payments to companies located in EU blacklist countries

September 15, 2020

Madeleine Thörning, a transfer pricing specialist at Thorning Koponen Consulting in Stockholm, discusses the Swedish government’s September 3 proposal to deny tax deductions for interest payments made to companies located in countries listed on the European Union’s list of non-cooperative jurisdictions . . .

Europe

Sweden proposes to ban deductions for interest paid to companies located in countries on EU noncooperative jurisdiction list, apply stricter CFC rules for subsidiaries located in noncooperative jurisdictions: Regeringskansliet (in Swedish)→

September 8, 2020

Americas

OECD publishes report on tax policy reforms enacted both before and after COVID-19 in 37 OECD member countries plus Argentina, China, Indonesia, South Africa: OECD→

September 4, 2020

Americas

The Puma Nordic and Columbia Sportswear transfer pricing cases and the limits of the TNMM

June 15, 2020

Dr. Harold McClure, a New York economist, analyzes a recent Swedish transfer pricing case, Puma Nordic, and a 2015 Indiana transfer pricing case, Columbia Sportswear, where the transactional net margin method (TNMM) was applied to determine the return of a distribution affiliate . . .

Austria

OECD publishes reports on cross-border tax dispute resolution Austria, France, Germany, Italy, Liechtenstein, Luxembourg, Sweden

April 10, 2020

The OECD on April 9 published stage 2 reports approved by the “Inclusive Framework on BEPS,” an OECD-led body of 135+ countries, that assess the cross border tax dispute resolution procedures . . .

Europe

Sweden’s tax agency rejects Puma’s transfer pricing position, concludes risk borne elsewhere

February 11, 2020

Erik Koponen and Madeleine Thörning, transfer pricing specialists at Thorning Koponen Consulting, Sweden, discuss a recent Swedish tax agency decision rejecting a Puma subsidiary’s transfer pricing position following the approach to risk taken in the OECD transfer pricing guidelines . . .

EU finance ministers urge adoption of aviation tax

November 11, 2019

Finance ministers from 9 European nations on November 7 called on the European Commission to advance a proposal for . . .

Asia-Pacific

Switzerland’s Federal Council approves amendments to tax treaties with New Zealand, Netherlands, Norway, Sweden

November 6, 2019

Switzerland’s Federal Council on November 6 approved four tax treaty protocols . . .

Europe

Sweden to introduce bank tax: Reuters→

September 5, 2019

Europe

Absolut wins Swedish transfer pricing dispute over application of benchmarking study and multiple year analysis

July 7, 2019

Madeleine Thörning and Erik Koponen of Thorning Koponen Consulting analyze a Sweden Supreme Administrative Court decision in a transfer pricing dispute between Swedish subsidiary, Absolut Company AB, and the Swedish Tax Agency . . .

Asia-Pacific

BEPS multilateral tax treaty to enter into force for Ukraine

August 8, 2019

Ukraine today deposited with the OECD legal documents ratifying . . .

Europe

EU court rules on deductibility of losses of sub-subsidiary, losses transferred through merger

June 24, 2019

Davide Anghileri of the University of Lausanne discusses two ECJ decisions released June 19 addressing when EU States are required by EU law to allow a parent company to deduct in Sweden final losses of a group member; one case involved losses of a sub-subsidiary located in Spain and the other of a Germany subsidiary later merged into its Swedish parent . . .

Americas

US formally asks the EU to “ditch” digital tax

October 22, 2018

Alan Rhode, co-founder of Taxmen.eu, discusses a US Senate Finance Committee letter, released last week, challenging the EU digital services tax, as well the latest positions of EU countries on the controversial proposal . . .

Europe

EU Advocate General clarifies when sub-subsidiary losses are final for tax deduction

January 18, 2019

Davide Anghileri of the University of Lausanne discusses the EU Advocate General’s January 10 opinion in the Holmen case . . .

Some EU ministers skeptical of tax on digital firms: Joe Kirwin / Bloomberg BNA→

September 19, 2017

Africa

US negotiating exchange of country-by-country tax reports with 20 more nations

August 30, 2017

The US IRS is negotiating with 20 countries to annually exchange country-by-country reporting data on large multinational firms . . .

Austria

Multinationals asked to critique tax dispute resolution processes in Austria, France, Germany, Italy, Liechtenstein, Luxembourg, Sweden

January 30, 2017

The OECD has today asked global businesses to assess the mutual agreement procedure (MAP) for resolving tax treaty disputes in Austria, France, Germany, Italy . . .

Swedish ruling concludes parent-subsidary directive anti-avoidance rule inapplicable to dividend distribution to Maltese parent: EY→

May 17, 2017

Asia-Pacific

Tax agreements between Hong Kong and Nordic countries enter into force

March 2, 2016

Hong Kong’s Inland Revenue Department on March 2 announced the entry into force of tax information exchange agreements with Denmark, the Faroe Islands, Iceland, Norway, Sweden, and . . .

Americas

US signs agreements with Czech Republic, Finland, Greece, Italy, and Sweden to exchange country-by-country reports

October 5, 2017

The US IRS announced this week that it has signed separate agreements with the Czech Republic, Finland, Greece, Italy, and Sweden to exchange country-by-country reports on multinationals. The bilateral competent authority agreements would help put into . . .

Americas

OECD publishes updated transfer pricing profiles for 14 countries

April 9, 2018

The OECD today published transfer pricing profiles for Australia, China, Estonia, France, Georgia, Hungary, India, Israel, Liechtenstein, Norway, Poland, Portugal, Sweden, and Uruguay. The profiles

Americas

Brazil-Sweden tax treaty protocol would add technical services provision, reduce withholding taxes

April 9, 2019

Francisco Moreira, a partner at Bocater, Camargo, Costa e Silva, Rodrigues Advogados, discusses several aspects of the recently signed protocol Brazil-Sweden tax treaty which would introduce significant changes . . .

Khaled Al Zaabi on Spanish government proposes digital services tax: “We are seeking assistance with Digital Assets and International Tax Consulting to help Abu Dhabi UAE Oil Company navigate the…” October 24 ,2024

Emma Hinson Sims on The Pillar One blueprint — the potential future of international taxation and transfer pricing: “HAPPY BIRTHDAY TO A VERY SMART, BEAUTIFUL, YOUNG LADY ON JANUARY 13TH.” January 6 ,2024

David Valdez on US Tax Court resolves Whirlpool tax dispute involving Mexican maquiladora structure: “Greetings Whirlpool Mexico, I’m trying to contact someone involved with the decision making for transportation from all of your Mexican…” October 20 ,2023

Jose Dominguez on The new US international tax rules: what you need to know about GILTI, FDII, BEAT etc.: “Very informative article. Question. Do you have a software to compute these US International Calcs to make them in house?” April 12 ,2023

Ciro César Soriano de Oliveira on Danish High Court rules on beneficial ownership of dividends for tax purposes: “Dear Ms Susi, This article is immensely clarifying. I’d like to know whether Danish Supreme Court has already granted its…” March 24 ,2023

May 19 – 20	Tax Council Policy Institute Conference	Washington, D.C.
May 19 – 20	IFA Second European Region Conference	Milan, Italy
May 24	IFA Webinar Series Pillar Two: An Update	Virtual Event
Sept. 4 – 8	IFA Congress	Berlin