Newsletter

Swedish withholding tax rules found contrary to EU law

by Victor Elovsson and Ebba Perman Borg

Published:

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As reported by Schjødt on 13 August 2024, the Court of Justice of the European union delivered its judgement on 29 July 2024 in a case between the Swedish Tax Agency and three Finnish public pension funds, regarding the levy of Swedish withholding tax on foreign public pension institutions. The case demonstrates that it is contrary to EU law to levy withholding tax on dividends from Swedish companies to certain foreign public pension institutions, while such dividends are not taxed when distributed to similar Swedish public pension institutions.

As of the date of this newsletter, the Supreme Administrative Court has not yet ruled on the matter. Please see our previous article regarding the case here.

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