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Fåmansaktiebolag : en skatterättslig studie av alternativen särreglering och allmän reglering för beskattning av fåmansaktiebolag och dess ägare m.fl.

Tjernberg, Mats LU (1999)
Abstract (Swedish)
Popular Abstract in Swedish

En undersökning av alternativen särreglering allmän reglering för beskattning av fåmansaktiebolag och dess delägare m.fl. En jämförelse sker med dansk rätt som i princip saknar särregler för fåmansaktiebolag eller motsvarande. Mot bakgrund av undersökningen analyseras behovet av särregler.
Abstract
The purpose of this dissertation is to examine whether special taxation rules for close companies and their owners are necessary, or that taxation in accordance with the general principles of income taxation will suffice. The principles of statutory interpretation of the Supreme Administrative Court and development trends in this area are described. These trends are then examined in relation to the development of the particular practice in respect of the rules governing close companies. A general question discussed is whether the community of economic interests between a close company and its owners justifies a system of special treatment. The dissertation also contains a discussion of different situations in which it is disputable whether... (More)
The purpose of this dissertation is to examine whether special taxation rules for close companies and their owners are necessary, or that taxation in accordance with the general principles of income taxation will suffice. The principles of statutory interpretation of the Supreme Administrative Court and development trends in this area are described. These trends are then examined in relation to the development of the particular practice in respect of the rules governing close companies. A general question discussed is whether the community of economic interests between a close company and its owners justifies a system of special treatment. The dissertation also contains a discussion of different situations in which it is disputable whether it is the company or its owners that should be the tax subject. A comparison with Danish law is made here. The current special regulation of close companies is described and analysed in respect of its character and against the historical and systematic background of the regulation. Further more an account is given on the law regarding the taxation of concealed benefit-in-kind, as developed by the courts -applying general principles of taxation- in both Denmark and Sweden. I have also dealt with the problem concerning the apportionment between capital and earned incomes in respect of a shareholder's withdrawal of profit from a close company. This area is subject to, in my opinion, justified special regulation in Swedish law. Special regulation is in my opinion otherwise justified only when it is aimed at transactions, which would fall outside the scope of application of the general principles of income taxation. Special regulation should neither become hindrance to a company's legitimate business activities. (Less)
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author
opponent
  • Associate Professor Ståhl, Kristina, Faculty of Law, Uppsala University
organization
alternative title
Close companies - a study of special regulation and general principles of income taxation for close companies and shareholders.
publishing date
type
Thesis
publication status
published
subject
keywords
fiscal law, skatterätt, general principles, interpretation, apportionment between capital and earned incomes, special regulation, income taxation, close companies, tax law, finansrätt
pages
362 pages
publisher
Iustus förlag
defense location
Carolinasalen, Kungshuset, Lundagård
defense date
1999-05-05 10:15
external identifiers
  • Other:ISRN LUJUDV/JUFI-99/1001-SE 362
ISBN
91-7678-413-4
language
Swedish
LU publication?
yes
id
fd99f059-0cbc-4609-a0f5-d66e7ca576d3 (old id 19346)
date added to LUP
2007-05-25 08:10:32
date last changed
2016-09-19 08:45:03
@misc{fd99f059-0cbc-4609-a0f5-d66e7ca576d3,
  abstract     = {The purpose of this dissertation is to examine whether special taxation rules for close companies and their owners are necessary, or that taxation in accordance with the general principles of income taxation will suffice. The principles of statutory interpretation of the Supreme Administrative Court and development trends in this area are described. These trends are then examined in relation to the development of the particular practice in respect of the rules governing close companies. A general question discussed is whether the community of economic interests between a close company and its owners justifies a system of special treatment. The dissertation also contains a discussion of different situations in which it is disputable whether it is the company or its owners that should be the tax subject. A comparison with Danish law is made here. The current special regulation of close companies is described and analysed in respect of its character and against the historical and systematic background of the regulation. Further more an account is given on the law regarding the taxation of concealed benefit-in-kind, as developed by the courts -applying general principles of taxation- in both Denmark and Sweden. I have also dealt with the problem concerning the apportionment between capital and earned incomes in respect of a shareholder's withdrawal of profit from a close company. This area is subject to, in my opinion, justified special regulation in Swedish law. Special regulation is in my opinion otherwise justified only when it is aimed at transactions, which would fall outside the scope of application of the general principles of income taxation. Special regulation should neither become hindrance to a company's legitimate business activities.},
  author       = {Tjernberg, Mats},
  isbn         = {91-7678-413-4},
  keyword      = {fiscal law,skatterätt,general principles,interpretation,apportionment between capital and earned incomes,special regulation,income taxation,close companies,tax law,finansrätt},
  language     = {swe},
  pages        = {362},
  publisher    = {ARRAY(0x9c364f8)},
  title        = {Fåmansaktiebolag : en skatterättslig studie av alternativen särreglering och allmän reglering för beskattning av fåmansaktiebolag och dess ägare m.fl.},
  year         = {1999},
}