Swedish tax agency's stance on carried interest

In its statement, the Tax Agency acknowledges that the Court’s ruling establishes that neither the ownership structure nor the share classification should carry independent weight when assessing the tax treatment of carried interest. However, the Agency emphasises that the profit allocation in the case was made under a partnership agreement, raising questions about the ruling’s applicability to corporate fund structures.

Although the Tax Agency initially indicated that it would reconsider its position in light of the judgment, many industry observers have noted that reassessments and disputes have persisted throughout the summer and early fall with limited reference to, or substantive recognition of, the Court's ruling.

It remains uncertain whether the lower administrative courts will adopt the Supreme Court’s clear guidance or instead align with the Tax Agency’s narrower interpretation.