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Swedish SAC rules that foreign investment funds can be considered comparable to Swedish investment funds regardless of legal form

20 March 2020

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Tax Alerts, Legislation & Policy, Na...

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Sweden, European Union

Executive summaryThe Swedish Supreme Administrative Court (SAC) ruled on 11 February 2020 that the fact that a foreign investment fund is set up as a legal entity does not preclude that the fund, in a comparability test under European Union (EU) law, is considered to be in a situation comparable to that of a Swedish contractual investment fund with respect to the taxation of dividends.The ruling was issued in connection with a withholding tax reclaim filed by a United States (US) investment fund based on the principle of the free movement of capital as stipulated by EU law. The difference...