Executive summary
The Swedish Supreme Administrative Court (SAC) ruled on 11 February 2020 that the fact that a foreign investment fund is set up as a legal entity does not preclude that the fund, in a comparability test under European Union (EU) law, is considered to be in a situation comparable to that of a Swedish contractual investment fund with respect to the taxation of dividends.
The ruling was issued in connection with a withholding tax reclaim filed by a United States (US) investment fund…