Contents
1 § This chapter contains provisions on
- definitions 2 §,
- stock in 3-22 f § §, and
- work in progress 23-32 §§. Create (2006:620).
Definitions
2 § The anskaffningsvärde, net realizable value and replacement cost referred to in this chapter the same as in 4 kap. 9 § second to fourth paragraphs Annual (1995:1554) or, where appropriate 4 kap. 5 § lagen (1995:1559) for Credit Institutions and Securities Companies or 4 kap. 4 § lagen (199§ LawAnChapterl Accounts.
With fair value referred to in this chapter the same as in 4 Chapter. 14 a § second paragraph Annual.
If a sole proprietor establishes a simplified accounts along 6 Chapter. 10 § Accounting (1999:1078), refers to cost the value resulting from generally accepted accounting principles. Create (2006:908).
Bearing
Huvudregler
§ 3 An asset that is intended for circulation or consumption (lagertillgång) may not be raised at a lower value than the lower of cost and net realizable value, subject of 4 or 4 a §. If there are special reasons, get replacement value, where appropriate allowances for obsolescence, or any other value that is consistent with 2 Chapter. 2 and 3 § § Annual (1995:1554) used instead of net realizable value. Specific provisions for animals in farming and herding in 5 §. Provisions for impairment of the right to delivery in 22 §.§
When the cost is determined, to the current assets that remain in stock at fiscal year end is considered to be those who purchased or manufactured by. Create (2007:1419).
4 § The layer may be up to the lowest 97 percent of the stock assets total cost. This does not apply to stocks of
1. properties and related assets,
2. shares, Bonds, loans and similar assets,
3. certificates, still
4. Emissions, ERUs and CERs. Create (2006:620).
4 a § If a sole proprietor establishes a simplified accounts along 6 Chapter. 10 § Accounting (1999:1078), need a value of inventory items not listed on the layer's total value does not exceed 5 000 SEK. Create (2006:908).
Animals
§ 5 animals in farming and herding are always treated as current assets. Animals Stock may not be raised at a lower value than 85 percent of the average production cost for the animals of species and age composition as the case of. The animals need not in any circumstances be admitted to a higher value than the corresponding animals total net realizable value.
If the average production cost is clearly not equivalent to the cost, t.ex. for particularly valuable breeding animals, the animal must be raised to at least 85 percent of the lower of cost and net realizable value. Create (2007:1419).
Shares acquired through dividend in certain cases
§ 6 The units acquired by such a distribution of shares in subsidiaries referred to in 42 Chapter. 16 §, considered cost as much of the cost of the shares in the parent company equal to the change in market value as dividend benefit for these shares. The cost of the shares of Parent shall be reduced accordingly.
If the person acquiring shares through dividends without owning shares in the parent company provides compensation for the right to dividend, considered ersättningen that anskaffningsvärde. If any compensation is not provided, cost is zero. Create (2007:1419).
Shares acquired through the distribution in some cases
§ 7 The shares acquired through the distribution from a mutual society in such a conversion of a cooperative into a limited company as referred to in 42 Chapter. 20 §, be as cost considered cost of the shares in the club which shifts the shares. Create (2007:1419).
Partial division
7 a § For shares that are received by a partial division considered that cost so much of the cost of the shares in the transferring company which represents the change in market value as partial division lead for these units. Cost of the shares of the merging company shall be reduced accordingly. Create (2007:1419).
Some other share acquisitions
§ 8 If someone acquires shares in a Swedish limited company and it is clear that he was through acquisition, an asset of real value and in particular with regard to his business, the provisions of 9 and 10 §§.
9 § The shares may not be due to a decline in their value are at a lower value than the cost, on the decline due to the dividend to the transferee of funds that existed in the distributing company in the acquisition and does not correspond to the amount paid. If shares, before such funds are awarded, has been raised to a lower value than the cost, they may at the end of the tax year in which the dividend is not addressed to a lower value than the tax value at the beginning of the year, increased by an amount equal to the difference between cost and value that, maximum of the undistributed amount.
§ 10 If such a dividend referred to in 9 § takes place without the tax value of shares affected and this means that the taxpayer upon the transfer of shares or the dissolution of the company reports a loss, the loss is reduced by an amount equal to the dividend. Create (2007:1419).
§ 11 The provisions of the shares in 8-10 § § also apply to shares in the Swedish economic associations. With paid-in amount referred to as paid contribution. The provisions also apply to the acquisition of shares in foreign legal entities and applied in this case even if the customer receives a supply of real and specific value.
12 § Vid tillämpning of 9-11 § § is considered primarily from resources other than those answering to the contributed amounts have been distributed.
Mergers and divisions
13 § I 37 Chapter. 29 § there are rules about what applies at qualifying mergers and divisions, of shares in the transferring company is current assets of the acquiring company.
Partial ownership of the former investment company
14 § I 39 Chapter. 18 § provides for the cost of the shares in a Swedish limited liability company or a Swedish business association has previously been an investment company but no longer regarded as such an enterprise, where avskattning done with partner.
Aggregation, delning or other ombildning of investment funds
§ 15 Consolidation or division of investment funds under 8 Chapter. 1 § Law (2004:46) Investment Funds will not cause the owners to take up a revenue. The same applies when a special fund is converted into a common fund.
After a consolidation or division is considered as cost of the new shares that cost a total force of the older units. If a fund is shared and the taxpayer shares in more than a newly formed fund, it should cost as applicable to the original level on the new shares in relation to these newly created fund value at the split.
Provisions on Funds in 39 Chapter. 20 §. Create (2009:357).
Uppskovsgrundande andelsbyten
16 § I 49 Chapter. provides for tax deferral when deferral founding over relief. Create (2001:1176).
Försäkringsföretag
§ 17 An insurance company's investments under the Act (1995:1560) accounts of insurance should be treated as current assets. Other investment assets than the financial instruments should be valued according to 20-20 c § § receive for tax purposes are reported at the lower of cost and net realizable value even if they are raised to a higher value in the accounts. Create (2007:1419).
§ 18 The provisions of the 17 § does not apply to office buildings which are designed primarily for the insurance business, nor to investments in subsidiaries and associates.
Financial instruments
19 § The financial instruments referred to in 19 a-20 c § § the same as in 4 Chapter. 14 a and 14 c § § Annual (1995:1554). Create (2007:552).
19 a § with associated enterprises referred to in 20-20 c § §
- companies with the deductible can make group contributions to each other, and
- in fråga the enterprise, directly or indirectly, has a holding in a partnership, company and trading company.
An entity shall be considered part of a community of interest only to the extent it is taxable in Sweden for such activities where stocks of financial instruments included. In the case of partnerships should instead apply to the shareholder is liable to tax in Sweden for the operations. Create (2007:1419).
20 § Stocks of financial instruments are reported at fair value. The layer may be up to the total cost for all companies in the same community of interest take up their stocks of financial instruments to the overall cost.
A financial instrument that has a negative value should be considered part of the layer, it would have been the stock if it had had a positive value. Create (2007:1419).
20 a § If in a layer of financial instruments are hedging instruments, they shall be taken up at cost. With hedging instruments referred to in this section a financial instrument that secures the other entries in the company than for stocks and that the accounts may be reported in accordance with the principles of hedge accounting. Create (2007:1419).
20 b § For financial instruments measured at cost under 20 and 20 a § § that value should be determined without regard to transfers between companies in the same community of interest. Create (2007:1419).
20 c § If a financial instrument that is part of the layer is left at a loss to a company in the same community of interest and the financial instrument is not in stock the new owner may be the loss is deducted as an expense when
1. there occurs a circumstance that allows the asset no longer exist or are no longer held by a company that is part of Community interest, or
2. access to be re-stock of a company in the interest of the Community. Create (2003:1102).
Increase in inventory value at a certain dividend
21 § The value that the assets have been up to as 17 and 20-20 b § § should be increased to the extent that the company has distributed funds or otherwise dispose of the ways that can not legally could have done if the assets were of the same value in the accounts as the taxation. Create (2007:1419).
Kontraktsnedskrivning
§ 22 Deductions may be made for the depreciation of the value of the right to delivery of stock assets purchased but not yet delivered (kontraktsnedskrivning). Deductions may be made only if the purchase price of the assets of the same kind of fiscal year end is less than the contracted price and the maximum by an amount equal to the difference.
Electricity certificates and allowances etc..
22 a § Electricity certificates are treated as current assets if the taxpayer
1. possession of such a facility which entitles the taxpayer to be awarded certificates according to 2 Chapter. Law (2003:113) Electricity Certificates, or
2. in business is quota liable under 4 Chapter. Electricity Certificates Act. Create (2006:983).
22 b § Allowances are treated as current assets if the taxpayer operates an establishment which entitle the taxpayer to be allocated allowances in accordance with 3 Chapter. Law (2004:1199) Emissions Trading.
ERUs and CERs are treated as current assets if the taxpayer
1. allocated to such, or
2. run an activity such as entitles the taxpayer to be allocated allowances in accordance with 3 Chapter. Act on Emissions Trading. Create (2006:620).
22 c § The associated enterprises referred to in 22 df § §
- companies with the deductible can make group contributions to each other, and
- in the case of partnerships, trading company and another company belonging to the same group as the company.
An entity shall be considered part of a community of interest only to the extent it is taxable in Sweden for possession of or capital gains for certificates, Emissions, ERUs or CERs. In the case of partnerships should instead apply to the shareholder is liable to tax in Sweden for such possession or such profit. Create (2007:1419).
22 d § Such taxpayers referred to in 22 a § and companies in the same community of interest which such taxpayer should pick up stocks of certificates to the net realizable value. The layer may be up to the cost of all associated enterprises are taking up their stocks of such assets at cost. Create (2007:1419).
22 e § Such taxpayers referred to in 22 b § and companies in the same community of interests that such a taxpayer to take up a stock of allowances, ERUs and CERs to net realizable value. The layer may be up to the cost of all associated enterprises are taking up their stocks of such assets at cost. Create (2007:1419).
22 f § If the total emission quotas or duties are not matched by allowances, or certificates held in the tax year starting, may deduct only be made for the debt equal to the difference. The deduction will be returned the following assessment year. The total reductions in associated enterprises may amount up to an amount equal to the difference between their total emissions each quota duties and the collective holdings of allowances and certificates.
If the taxpayer may use ERUs or CERs to meet their obligations to surrender allowances equal to total emissions under the Act (2004:1199) Emissions Trading, they shall for the purposes of the first paragraph constitute allowances. Create (2007:1419).
Work in progress
Huvudregler
§ 23 The statement made in the accounts of work in progress in building, construction, Crafts- or consulting businesses must be followed for tax purposes if it is not contrary to the provisions of 24-32 §§. Create (2007:1419).
§ 24 The income of the work in progress should be calculated for
- work on an ongoing basis as 26, 31 och 32 §§, and
- works at a fixed price under 27-32 §§.
A sole trader who establishes a simplified accounts along 6 Chapter. 10 § Accounting (1999:1078) may apply the provisions on work carried out on current account, although the work carried out at a fixed price. Create (2007:1419).
Current account or fixed price
25 § A job is considered done on an ongoing basis for compensation exclusively or almost exclusively based on a predetermined fee per unit, the actual time spent and any expenses actually incurred for work. Otherwise, considered the work done at a fixed price.
Current account
26 § The value of current work being carried out on current account need not be included as an asset. Instead, the amount that the taxpayer during the tax year bill for the works taken up as income. Create (2007:1419).
Fixed price
27 § Ongoing work performed at a fixed price and not the final reported may not be raised to a lower value than the lower of cost and net realizable value.
For construction, plant- and crafts movement, they may work in progress despite the paragraph addressed to Low 97 percent of the total cost. Create (2003:1102).
28 § If the taxpayer receives compensation for the works referred to in 27 §, the amount not included as revenue but as a liability to the person for whom the work is done. Create (2007:1419).
§ 29 In calculating the cost of the work in progress, the value of such effort undertaken by the taxpayer, his spouse or children under 16 years are not considered.
If the contractor is a Swedish trading company, the value of the amount of work done by a partner in the partnership are not considered. Create (2007:1419).
§ 30 If the taxpayer is doing a job at a fixed price on behalf of another, the value of work is calculated according to what is reasonable, if there is privity between the taxpayer and the client and there is reason to believe that the provisions of 27-29 § § was used to the taxpayer or the client should get a unauthorized tax benefit. Create (2007:1419).
Failure to submit a final report or invoice
31 § If the taxpayer has substantially failed to submit a final report or bill amounts under GAAP would have the final reported or billed, the amounts reasonably could have been a final report or invoice is entered as income. Create (2007:1419).
Alignment
§ 32 If the taxpayer can show that the amount under the provisions of this chapter shall be included as income by work in progress exceeds what can be considered consistent with generally accepted accounting principles, the revenue in an equitable manner, adjusted downward. Create (2007:1419).
References
§ 33 Special rules about cost, etc.. for stocks and work in progress there in terms of
- beskattningsinträde in 20 a chapter.,
- uttagsbeskattning in 22 Chapter. 8 §,
- underprisöverlåtelser in 23 Chapter. 10 §,
- stock holdings in real estate management companies in 27 Chapter. 6 a §,
- näringsbidrag in 29 Chapter. 7 §,
- utilization of compensation fund 31 Chapter. 18 §,
- qualifying mergers and divisions in 37 Chapter. 18 §,
- verksamhetsavyttringar in 38 Chapter. 14 §,
- partial divisions in 38 a chapter. 14 §, and
- acquisition of assets at a loss from shareholders and related parties in 53 Chapter. 10 and 11 §§. Create (2008:1063).
