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Tax Agency’s Stance on Personnel Leasing and VAT: Buyer’s Responsibility and Service Provision

  • Skatteverket defines personnel leasing when the buyer has overall responsibility for the service provided to the end customer.
  • The seller provides the service within the buyer’s organization.
  • The buyer has overall responsibility when the seller follows the buyer’s instructions.
  • The buyer can have overall responsibility even if the seller has some freedom in task execution.
  • The service is provided within the buyer’s organization when the buyer leads and manages the work.
  • Key factors for characterizing personnel leasing include:
  • Buyer decides which end customers receive the service.
  • Seller is not responsible to the end customer for tasks.
  • Buyer determines the timing of the service.
  • Buyer is responsible for service execution and results.
  • Buyer manages work, methods, and task definitions.
  • Seller offers service based on time, not results.
  • Seller acts in the buyer’s name to the end customer.
  • Service is provided in the buyer’s premises.
  • Buyer provides essential materials for the service.
  • Seller follows buyer’s routines and methods.
  • Same conditions apply to leased personnel as to buyer’s own staff.
  • Legal obligations or oversight of the seller do not affect the classification as personnel leasing.

Source: www4.skatteverket.se

Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.

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