Contents
1 § This chapter contains provisions on
– tax time in 2-9 §§,
– common or specific calculation of 10-15 §§,
– cost after the character in bytes 16 §,
– transfer of operations to the State, municipalities and others. i 17 and 18 §§,
– incorrect pricing mM. i 19 and 20 §§, and
– how to calculate the results in 21 and 22 §§.
Beskattningstidpunkten
Accruals principle
2 § The result should be calculated on an accruals basis.
In the calculation of earnings, revenues are recognized as revenue and expenses are deducted as an expense of the tax year to which they relate to GAAP, Unless otherwise specifically provided by law. This also applies to taxpayers who are not required to maintain accounts.
If a single trader establishes a simplified annual financial statements in accordance with 6 Chapter. 10 § Accounting (1999:1078), to the calculation of earnings revenue recognized as revenue and expenses are deducted as an expense of the tax year to which they relate to GAAP, Unless otherwise specifically provided by law, although this is contrary to the accrual basis. For interest rates, this applies only if the total interest income and total interest expenses do not exceed 5 000 SEK. Create (2007:1419).
Balance sheet items
3 § The value of closing stock, work in progress, claims, liabilities and provisions shall be assessed as at fiscal year end.
The value of constituent stocks and other balance sheet items shall be addressed to the same amount as the value at the previous fiscal year-end. Create (2007:1419).
Accounts
4 § If the accounts are kept for business activities, they shall be added to the calculation of the result in the taxation time.
Reserve in store and the like shall be considered only in the application of 17 Chapter. 4 and 5 § § and 27 § second paragraph. Create (2007:1419).
Adjustments
5 § The reported result will be adjusted on a revenue- or expense attributable to a given tax in contravention of the provisions of 2 §. The corresponding adjustment shall be made earlier or later tax, If necessary, to avoid any revenue- or expense omitted or counted twice. Create (2007:1419).
6 § Although stock, work in progress, accounts receivable or similar admitted to one of the low amounts or provisions, accounts payable or similar to an excessive amount, the result should not be adjusted to the extent that the difference corresponds to such additional depreciation of assets other than inventory assets that the taxpayer would have been able to do under this Act. However, this applies only if the taxpayer requests it. Create (2007:1419).
Character Replacement
7 § If an asset held by the taxpayer and belonging to the capital income will be available in the taxpayer's business activity, to the adjustments made as required to avoid any income or expense to be omitted or double-counted. Create (2007:1419).
Receivables and liabilities in foreign currencies
8 § Claims, liabilities, deposits and cash in foreign currency, not admitted to the fair value of 17 Chapter. 20 §, shall be valued at the rate of the tax year end. If there is a futures contract or other similar currency hedge for such an item, the item is taken up to the value that is motivated by hedging provided
– same value used in the accounts, and
– valuation is in accordance with generally accepted accounting.
If the hedged item is such stocks are valued at cost according to 17 Chapter. 20 § is not the first indent of the first paragraph applies. Create (2007:1419).
Capital gains and losses
9 § Provisions for taxation timing of capital gains and capital losses available in 44 Chapter. 26-32 §§.
Shared or dedicated computing
Legal persons
10 § All the business activities carried on by a legal person is counted as a single business. If the legal entity is a partner in a Swedish trading company, will also trade the company's operations are included in the legal person's business.
In 11 § provides for losses from certain foreign legal entities. In 14 and 15 § § provides for losses from limited partnerships and other partnerships. Create (2007:1419).
11 § Loss from abroad delägarbeskattad legal person may be deducted only if the legal person belongs in a state within the European Economic Area or in an area set out in Annex 39 a and not covered by that exemption listed.
Deficits may not be deducted on account of the provisions of the first paragraph, be deducted in the calculation of the foreign legal entity results the following fiscal year. Create (2007:1419).
Individuals
12 § All economic activities performed by an individual trader is counted as a single business. If he carries on an independent business abroad, count, however, all such activities as a self-employment.
13 § For a natural person who is a partner in one or more Swedish trading company listed activities of each partnership as a separate business. If a partnership engaged in independent business abroad, count, however, all such activities as a self-employment.
If a Swedish trading company is a partner in another Swedish partnership, the business of the partnership included in the owning company's business. In 14 and 15 § § provides for losses from limited partnerships and other partnerships. Create (2007:1419).
13 a § A capital which, according to 49 a chapter. be taken up as excess passive business if a natural person sells an interest in a shell company counts as a separate business. Create (2007:1419).
Deficit for limited partners and certain other trading partners
14 § A limited partner in a limited partnership Swedish may not deduct losses from the limited partnership to the extent that the amount of the deduction and deductions previous tax would exceed an amount equal to what the partner sat or liable to deposit in the company.
A partner in a Swedish trading company that relative to other owners have retained a limited liability company connections shall deduct no more than an amount equal to his responsibilities. Create (2007:1419).
15 § deficits not to be deducted on account of the provisions of 14 §, be deducted in calculating the results of the company for the following fiscal year. Create (2007:1419).
Cost for character change
16 § If an asset avskattats under the provisions of 41 Chapter. 6 §, shall be deemed to be acquired for a consideration equal to the market value. In character substitution in other cases, the cost is deemed acquisition cost plus the cost of improvements and reduced by such deductions have been made for the acquisition, depreciation and similar.
In 18 Chapter. 10 §, 19 Chapter. 16 § and 20 Chapter. 14 § provides for depreciation of buildings- and land equipment, buildings and land are in such cases. Create (2007:1419).
The transfer of operations to the State, municipalities and others.
17 § If a limited company or a cooperative leave the main part of its business or assets to the state, a county or municipality, the provisions of 18 § applied. The same applies if the transfer is to a company that predominantly held, directly or indirectly, of State, a county or municipality.
The provisions of 18 § does not apply to the transfer of a Swedish group. They does not apply if the transfer appears to be a normal part of the company's operations.
In determining whether there is a substantial portion ceded, consideration should be given to the entire business as a company or association engaged in the tax year of entry, conditions after the transfer and the general nature of the business and focus. Create (2007:1419).
18 § A calculation of the result is as if a tax had been completed by the transfer. In the calculation, the assets remaining after the transfer not taken up at a higher value than the market value.
If this calculation results in a deficit, considered the result to be zero, and the remaining portion of the tax year is treated then as a special tax. Otherwise, the results are calculated for the full fiscal year following the usual rules.
Such deficits for the previous tax year other than the assignment that could not be drawn from the following taxation year because of the provisions of 40 get., must not be of a later tax than when the transfer occurs.
Incorrect pricing mM.
19 § If the result of an economic activity will be lower due to conditions agreed that deviate from what would have been agreed between mutually independent traders, the result shall be calculated at the amount it would have been if such conditions did not exist. However, this applies only if
1. that because of the terms will receive a higher income will not be taxed on this in Sweden under the provisions of this Act or because of a tax,
2. there is probable cause to believe that there is an economic interest between the parties, and
3. it is not the facts that the conditions come to reasons other than economic community of interest. Create (2007:1419).
20 § Economic community of interest referred to in 19 § deemed to exist if
– a trader, directly or indirectly, involved in the management or supervision of another trader's business or own part of this company's capital, or
– same people, directly or indirectly, involved in the management or supervision of the two companies or owning part of their capital.
The result
21 § Surplus and deficit in a business activity shall be calculated by income items reduced by the cost items.
Special provisions for spouses who together participate in economic activities are in 60 Chapter. Create (2007:1419).
22 § Provisions on the deficit shall be deducted the same fiscal year are in terms of
– capital gain on the sale of commercial property in 45 Chapter. 32 §, and
– capital gain on the sale of nutritional condominium in 46 Chapter. 17 §.
Provisions for losses may be deducted the same fiscal year are in terms of
– co-owner of the condominium 42 Chapter. 33 §,
– newly started operations in 62 Chapter. 3 §, and
– literary or artistic activities mM. i 62 Chapter. 4 §.
Provisions for losses to be deducted later fiscal years are in terms of
– reduction in economic activity next year in 37 and 40 get., and
– less persistent deficits of closed business in 42 Chapter. 34 §. Create (2007:1419).