The Swedish Ministry of Finance is currently consulting on a draft proposal that would allow for a deferral of withholding tax on dividends paid to foreign legal entities in a loss-making position. The proposal is based on a judgment of the Court of Justice of the European Union (CJEU) in Case C-575/17 involving Sofina SA and other Belgium entities and the tax treatment of dividends by France, which differs for loss-making French entities and loss-making non-resident entities. In the judgment, the CJEU found that imposing withholding tax on dividends paid to loss-making non-resident entities while not taxing dividends received by...