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Swedish Supreme Administrative Court Finds Anti-Abuse Rule Concerning Interest Deductions and Commercial Justification Violates EU Law

25 January 2024

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Approved Changes

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Sweden

Sweden's Supreme Administrative Court announced a judgment on 22 January 2024 regarding the anti-abuse rules for intra-group interest deductions. The case concerns the planned restructuring of an international group that involves several intra-group transactions. As part of this restructuring, Group Company A will acquire all shares in Group Company B from Group Company C. The acquisition will mainly be financed by Group Company A taking out a loan from Group Company D, which is resident in another country within the EU. Prior to the restructuring, Company A applied for a preliminary ruling in order to ascertain whether the deduction of...