Proposal for a general stamp duty liability

On 31 March 2022, the Swedish Land Registry (Sw. Lantmäteriet) presented a report (LM 2020/030209) including a proposal for an extended stamp duty (Sw. stämpelskatt) liability.

Currently, stamp duty is only levied on the acquisition of real estate through purchase or exchange. The tax rate is calculated on the value of the acquired property and amounts to 1.5% for individuals (natural persons) and 4.25% for legal persons. Property formation measures (Sw. fastighetsbildning), which can be utilised to acquire real estate, is currently not subject to stamp duty.

In its report, the Swedish Land Registry proposes that stamp duty should be levied also on acquisitions of real estate which are followed by (i) property formation, (ii) property reallotment (Sw. fastighetsreglering), or (iii) subdivision acquisitions (Sw. klyvning).

The report is a draft proposal and not a complete legislative proposal. The Swedish Land Registry estimates that it would take approximately a year for the relevant authorities to prepare for a possible change in the legislation and introduction of a general stamp duty liability.

Schjødt's tax lawyers in Sweden are following the development closely.