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Taxable Person: Distinguishing Economic Activity from Private Activity in VAT Context

  • A taxable person is someone who independently conducts a business with the intention of continuously providing goods or services for compensation.
  • To be considered a taxable person, one must objectively demonstrate that the conditions are likely met.
  • Only taxable transactions, those for compensation, are considered in determining economic activity.
  • The term continuous implies regular and frequent sales, assessed based on the type of business and goods or services offered.
  • For activities bordering on private, all objective circumstances must be considered to determine if it’s an economic activity.
  • Economic activity requires active measures to continuously earn income from selling goods or services, distinct from private actions.
  • When using assets for both private and economic purposes, factors like usage time, number of customers, and income amount are considered.
  • Examples of objective circumstances are provided to show likelihood of being a taxable person in borderline private activities.
  • This stance replaces a previous one from April 2021, adjusted for new regulations effective July 2023, with no substantive changes.
  • Changes in assessment for activities like horse racing competitions are due to recent court practices.
  • The stance addresses questions about when a person conducting borderline private activities is considered a taxable person.
  • It outlines requirements for being a taxable person and specific considerations for sports competitions and horse breeding activities.

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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