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ECJ:Swedish legislation limiting exemption of third-country dividends justifiable restriction on EC free movement of capital — Orbitax Tax News & Alerts

On 18 December 2007, the European Court of Justice (ECJ) gave its decision in the case of A v. Skatteverket (C-101/05). The Swedish Supreme Administrative Court (Regeringsrätten) had requested a preliminary ruling from the ECJ on 15 October 2004.

The ECJ held that Arts. 56 and 58 of the EC Treaty (free movement of capital) are to be interpreted as not precluding the Swedish legislation which provides that exemption from income tax in respect of dividends distributed in the form of shares in a subsidiary may be granted only if the company making the distribution is established in a state within the European Economic Area (EEA) or a state with which a taxation convention providing for the exchange of information has been concluded by Sweden, where that exemption is subject to conditions compliance with which can be verified by the Swedish competent authorities only by obtaining information from the state of establishment of the distributing company.

The Budget for 2008 was presented to the parliament. The most important features of the Budget, which will generally apply from 1 January 2008, are as reported below. All figures are in euro. Further details of the Budget will be reported subsequently.