5 Major Developments in Sweden

5 Major Developments in Sweden

• From July 1, 2023, the Value Added Tax Act (2023:200) will be in effect

• The position “VAT amount in invoice” shall no longer apply

• The requirement for direct export on exports and certain issues when delivery of goods when the acquirer is responsible for the transport out of the EU, VAT

• STA Statement: Requirement for invoice reference number

• Tax agency clarifies call-off warehouse transfers and fixed establishment

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Composite Supply

• The position “VAT on the lease of parking space for housing as an agreement has not been concluded between the same parties as agreed on the housing lease” shall no longer be applied

Coronavirus

• Position “VAT in the event of customer losses due to the covid-19 pandemic” shall no longer be applied

Cryptocurrency and NFT

• Updated Guidance on VAT exemption for Digital Currency Transactions via Digital Wallets

DAC7

• Sweden launches its DAC7 tool for marketplaces

Deduction (Input Tax Credit)

• The position “Accounting period regarding retroactive deduction for input tax” shall no longer apply

• The position “Deduction right for VAT on brokerage fees When acquiring property” shall no longer be applied

• The position “Questions regarding the application of the Court of Justice in Case C-152/02 Terra Baubedarf Trade” shall no longer apply

• The statement “Incorrectly charged VAT and time for accounting of change if special reasons exist” shall no longer be applied

• The position “Retroactive deduction when renting business premises and adjustment” shall no longer be applied
• The position statement “Question about the right to deduct VAT in case of so-called onward invoicing to other companies in a group” shall no longer be applied

• The position “VAT on reimbursement for court costs” shall no longer be applied

• New position: No right of deduction according to ch. 7 Section 3 of the Act on tax on energy for biogas and biogasol that the taxpayer has sold to a retailer

• No VAT deduction for office equipment in employees’ homes

• The position “Deduction right for input VAT on process costs in tax matters” shall no longer be applied

• New rules for input VAT relating to passenger cars and motorcycles to vehicles intended for racing activities

• Crowdfunding: Input VAT deduction on thank-you gifts

• The position “Refund right to companies with a fixed establishment place in Sweden” shall no longer be applied

• The position “Questions on VAT in connection with EC judgment Stockholm Lindöpark AB, C-150/99” shall no longer be applied

• Case: The significance of registration for a passive holding company’s right to deduction

• Tax agency sets criteria for tax payment exemptions resulting from incorrect deductions

E-Commerce / Electronic Services

• New VAT requirement could be a billion-dollar hit – “like shooting with a machine gun”

E-invoicing

• New VAT requirement could be a billion-dollar hit – “like shooting with a machine gun”

ECJ (European Court of Justice)

• Provision to employees for compensation, VAT

Exemption

• The position “Tax liability for the provision of spaces for parking vehicles” shall no longer be applied

• The position taken ” VAT on the provision of a parking space to residents when the agreement was not entered into between the same parties as the agreement as the housing provision” from 2006 shall no longer be applied

• The position on Tax liability for the provision of a parking space in several stages shall no longer be applied

• The position “VAT on the provision of parking spaces for boats and parking spaces for caravans” shall no longer be applied
• The position “Taxation of goods for goods transport, VAT” shall no longer be applied

• Sweden Tax Agency Clarifies VAT Exemption for Ships Sailing on High Seas

• Ships sailing on the high seas

• Delivery of certain assets when the input tax at the time of acquisition was not deductible

• The statement “Tax liability for the provision of parking spaces for vehicles” shall no longer be applied

• The position “VAT on the provision of parking spaces for boats and parking spaces for caravans” shall no longer be applied

• The position “Voluntarily liable for tax for the rental of business premises by issuing an invoice with output VAT” shall no longer be applied

• Updated Guidance on VAT exemption for Digital Currency Transactions via Digital Wallets

• The position “Exceptions to tax liability and country of sale for aircraft when turnover takes place in several stages, VAT” shall no longer be applied

• The position “Exceptions to tax liability for warships and repayment rights; VAT ”should no longer be applied

• VAT and shared premises – pleasing news from HFD

• The position “Tax liability for the lease of parking space in several stages” shall no longer be applied

• The position statement “Lottery and gambling operations conducted in a single company, VAT” shall no longer be applied

• Position “Exemption from tax liability for ships when the turnover takes place in several stages” shall no longer be applied

• Option to tax: Multiple tenants not a showstopper

• Option to tax: Requirement of permanent use

• Position “Aesthetic operations and treatments” shall no longer be applied

• Position “The exemption from tax liability for dental care” shall no longer be applied

• Tax agency sets criteria for tax payment exemptions resulting from incorrect deductions

• Sweden Tax Agency Explains Conditions for Tax Payment Exemptions

Export

• The requirement for direct export on exports and certain issues when delivery of goods when the acquirer is responsible for the transport out of the EU, VAT

• The position “Sales in export stores, VAT” should no longer be applied

Fixed Establishment

• Tax agency clarifies call-off warehouse transfers and fixed establishment

• Warehouse constitutes a permanent establishment if seller hires staff or another company to run it on its behalf

• The position “Refund right to companies with a fixed establishment place in Sweden” shall no longer be applied

Importation

• The position “Taxation basis for import, VAT” shall no longer be applied

Intra-Community Transactions

• Deliveries of goods in several stages with only one transport of the item out of the EU, VAT

• The position “Community acquisitions and the acquisition threshold at so -called. Mixed activity ”shall no longer be applied

• The position “Exemption from tax liability in case of turnover to another EU country, value added tax” shall no longer be applied

• The position “Union -internal turnover in chain transactions, VAT” should no longer be applied

• Position “Transfer of goods for valuation or processing” shall no longer be applied

Invoice

• The position “VAT amount in invoice” shall no longer apply

• STA statement: Requirement for information on the date of delivery or provision in an invoice

• STA Statement: Requirement for invoice reference number

• The position “Repayment of incorrectly paid VAT, a comment on the Government Court Judgment 2005-12-27, Case No. 4010-03” shall no longer be applied

Legal Acts

• Sweden: Latest version of Swedish VAT Act (2023)

Legislative Change

• New VAT Act from 1 July 2023

• From July 1, 2023, the Value Added Tax Act (2023:200) will be in effect

Margin Scheme

• The position “profit marginal taxation of used goods transmitted from other EU countries” shall no longer be applied

Place of Supply

• Warehouse constitutes a permanent establishment if seller hires staff or another company to run it on its behalf
• The position “Turning Country for Services on vessels or aircraft in foreign traffic” shall no longer be applied
• Stance “Place of supply – coaching services etc” shall no longer be applied

Private Use

• Provision to employees for compensation, VAT

Rate

• The position “Sales in export stores, VAT” should no longer be applied

• The position “Taxation of goods for goods transport, VAT” shall no longer be applied

• Statement “Inputs in stake races within trotting and galloping, value added tax” shall no longer be applied

Real Estate/Immovable Property

• The position “Tax liability for the provision of spaces for parking vehicles” shall no longer be applied

• The position taken ” VAT on the provision of a parking space to residents when the agreement was not entered into between the same parties as the agreement as the housing provision” from 2006 shall no longer be applied

• The position on Tax liability for the provision of a parking space in several stages shall no longer be applied
• The position “VAT on the provision of parking spaces for boats and parking spaces for caravans” shall no longer be applied
• The position “Deduction right for VAT on brokerage fees When acquiring property” shall no longer be applied

• The position “Rental Guarantee – Tax liability for VAT” shall no longer be applied

• The position “VAT on the lease of parking space for housing as an agreement has not been concluded between the same parties as agreed on the housing lease” shall no longer be applied
• The statement “Tax liability for the provision of parking spaces for vehicles” shall no longer be applied

• The position “VAT on the provision of parking spaces for boats and parking spaces for caravans” shall no longer be applied

• The position “Voluntarily liable for tax for the rental of business premises by issuing an invoice with output VAT” shall no longer be applied
• The position “Retroactive deduction when renting business premises and adjustment” shall no longer be applied

• VAT and shared premises – pleasing news from HFD

• The position “Tax liability for the lease of parking space in several stages” shall no longer be applied
• Option to tax: Multiple tenants not a showstopper

• Option to tax: Requirement of permanent use

Real Time Reporting/Continuous Transaction Controls

• New VAT requirement could be a billion-dollar hit – “like shooting with a machine gun”

Registration

• Case: The significance of registration for a passive holding company’s right to deduction

• The position “The acquisition threshold when a trader is registered for VAT only for the acquisition or turnover of services” shall no longer be applied

Reporting / Compliance

• VAT Regulation (2023: 328)

• The position “Turning country for the turnover and mediation of travel services” shall no longer be applied from 1 July 2023

• The position “crowdfunding VAT” should no longer be applied

• The position “Transitional provisions to SFS 2008: 909 and adjustment of compensation for transfer of investment goods in certain cases” shall no longer apply

• Sweden Tax Agency Explains Conditions for Tax Payment Exemptions

• VAT Guide – Sweden

SME (Small and Medium- Sized Enterprises)

• The position “The acquisition threshold when a trader is registered for VAT only for the acquisition or turnover of services” shall no longer be applied

Tax Point (When the Chargeable Event Occurs)

• The position “Questions regarding the application of the Court of Justice in Case C-152/02 Terra Baubedarf Trade” shall no longer apply

• The statement “Incorrectly charged VAT and time for accounting of change if special reasons exist” shall no longer be applied

• The position “Change of accounting method to accounting method” shall no longer be applied

• The position “The turnover limit for accounting for VAT according to the year -end method” should no longer be applied

Taxable Amount

• The position “Repayment of incorrectly paid VAT, a comment on the Government Court Judgment 2005-12-27, Case No. 4010-03” shall no longer be applied
• The position “Taxation basis for import, VAT” shall no longer be applied

• Position statement “Support and allowances from the Employment Service, Value Added Tax” shall no longer be applied

• Stance “VAT; taxation basis in case of correction afterwards” shall no longer be applied

• Guidance: Price reduction in the event of a fault in the product or service

• Updated position: Damages, warranty compensation and similar payments

• Sweden Tax Agency Clarifies Pharmaceutical Manufacturer’s Right to Reduce VAT Base for Reimbursement

Taxable Person

• VAT on taxed financing grants in the construction of garage of the community association

• The position “The concepts of taxable person and economic activity – VAT consequences for non -profit associations” should no longer be applied

Taxable Transaction

• The position “Rental Guarantee – Tax liability for VAT” shall no longer be applied

• Transactions of virtual currencies via digital wallets

• Guidance about VAT treatment of crowdfunding

• Clarification: Membership fees

• Position statement “Support and allowances from the Employment Service, Value Added Tax” shall no longer be applied
• Guidance: Price reduction in the event of a fault in the product or service
• Provision to employees for compensation, VAT

Triangulation

• The position “Exemption from tax liability in case of turnover to another EU country, value added tax” shall no longer be applied

• The position “Union -internal turnover in chain transactions, VAT” should no longer be applied

VAT Group

• The position statement “Question about the right to deduct VAT in case of so-called onward invoicing to other companies in a group” shall no longer be applied

ViDA

• New VAT requirement could be a billion-dollar hit – “like shooting with a machine gun”

• Sweden‘s Memorandum on European VAT Directive Changes