IPE: European Commission deems Swedish pensions tax law discriminatory

29 March 2012

The European Commission has asked Sweden to amend its tax rule on pension funds, arguing that the current legislation puts foreign schemes at a disadvantage when dividends are distributed within the country.

Swedish pension funds are exempt from the withholding tax on dividends, as well as from corporate tax. The Commission said: "As a result of this system, the effective tax rate on dividends received by resident pension funds will frequently be lower than the 15 per cent tax rate that is applied to non-resident pension funds".

It said the Swedish tax system discriminated against non-resident pension funds and contravened EU rules on the free movement of capital. "In addition, it can deter non-resident pension funds from investing in Sweden", it said. The Commission is now launching a new 'reasoned opinion' – which represents the second stage of an infringement procedure – asking Sweden to revise its tax rules.

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