Change search
CiteExportLink to record
Permanent link

Direct link
Cite
Citation style
  • apa
  • ieee
  • modern-language-association-8th-edition
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf
Towards a Stricter Comparability Test: An EU Law Analysis of the Swedish Dividend Withholding Tax Regime in Relation to Non-EU Investment Funds
Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
2019 (English)Independent thesis Advanced level (professional degree), 20 credits / 30 HE creditsStudent thesis
Abstract [en]

The aim of this paper is to investigate if it is compatible with the free movement of capital (Article 63 TFEU) to levy a withholding tax on Swedish-sourced dividends paid to non-EU investment funds with legal personality (in the paper referred to as investment companies). This question is of relevance since several Swedish intermediaries do not pay any income tax on dividends, either due to a formal tax exemption or to de facto practice. As such, it is clear from CJEU case law that non-EU investment companies should also be exempt from withholding tax on dividends, provided that they are in an objectively comparable situation with any of these Swedish entities and that no justification ground is applicable.  

The conclusion of the thesis is that there are indications of that the current Swedish lower court practice, which is to deny comparability between non-EU investment companies and Swedish tax-exempt investment funds with reference to that the foreign entities have a different legal form, is contrary to EU law. Alternatively, it is possible to find discriminatory treatment when comparing the dividend tax treatment of a non-EU investment company with the dividend tax treatment of a Swedish fiscal investment enterprise (investmentföretag). For this reason, it is welcome that leave to appeal was recently granted by the Supreme Administrative Court of Sweden in one of the lower court cases dealing with this issue.

Place, publisher, year, edition, pages
2019. , p. 110
Keywords [en]
investment funds, withholding tax, EU law, free movement of capital, third countries, legal form, comparability
Keywords [sv]
investeringsfonder, kupongskatt, EU-rätt, fri rörlighet för kapital, tredje land, juridisk form, jämförbara situationer
National Category
Law
Identifiers
URN: urn:nbn:se:uu:diva-384324OAI: oai:DiVA.org:uu-384324DiVA, id: diva2:1320084
Educational program
Law Programme
Supervisors
Examiners
Available from: 2019-07-02 Created: 2019-06-04 Last updated: 2019-07-02Bibliographically approved

Open Access in DiVA

fulltext(903 kB)150 downloads
File information
File name FULLTEXT01.pdfFile size 903 kBChecksum SHA-512
01f43524b80a6ba243354c13274fad6d8f1fec0b16cfbd4742203e426d3a9f3d6d13d94b6a0055a3a7d44738bf2f3ddd8a9366e091d6bf69b0444148b475490f
Type fulltextMimetype application/pdf

By organisation
Department of Law
Law

Search outside of DiVA

GoogleGoogle Scholar
Total: 150 downloads
The number of downloads is the sum of all downloads of full texts. It may include eg previous versions that are now no longer available

urn-nbn

Altmetric score

urn-nbn
Total: 639 hits
CiteExportLink to record
Permanent link

Direct link
Cite
Citation style
  • apa
  • ieee
  • modern-language-association-8th-edition
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf