Benefit of interest free and low-yield loans
If an employer or client provided an employee or contractor in favor of interest-free loans or loans where the interest rate below market rate, the employee or contractor is taxed on the value of the benefit as income to service.
With loans from employers or clients are treated another loan if there is reason to believe that the employer or client mediated the. While loans can be considered to be related to previous employment or assignment treated as loans from employer or client.
With the loans in this context refers to a monetary transaction, based on a credit agreement. This means that neither advances on salary or commission compensation or normal credit purchases of employer or client should be treated as such. On the other hand, benefit from both short-term loans and loans of smaller amounts of the rules (cf prop. 1981/82:197 with. 60). As loans are considered in this context of cash loans made in violation of company law, sk. prohibited loans.
Preferential taxation assumes that the loan agreement at the time was a benefit and the benefit was obtained because of the service or task. När det gäller arbetsgivare som i sin ordinarie verksamhet erbjuder lån till allmänheten uppkommer en skattepliktig löneförmån om de anställda erbjuds lån till mer fördelaktiga villkor än de som allmänheten får. For other employers, that do not perform credit, a comparison with the market conditions for credit agreements in force at the time (prop. 1990/91:54 with. 303).
Of critical importance in assessing the conditions of the loan, ie. if the loan has been provided on terms more favorable than the prevailing market. This applies not only to interest rate conditions, but also other conditions. The comparison is made at the time of the loan between the agreed interest rate and market rate for comparable loans. Changed conditions at a later date is considered a new credit agreement have been concluded and a new assessment must be made in favor of the question.
In conjunction with the soft loan, other benefits than fixed conditions affect the taxation under income from services. As an example, mentioned that, when a decline in interest rates allows the employee to prematurely redeem a tied loan or the term lowers the interest rate. The benefit was equivalent in that case the cost to the lender at market rates charged (prop. 1992/93:127 with. 41).
If there is a benefit, should this valued. Different methods of valuation are used depending on the type of loan in question. Fixed rate loans, completely interest-free loans or loans where the interest rate to be paid in fixed relationship to the market, valued on the basis of interest rates when the loan is taken. Other loans are valued based on the government borrowing rate (SLR) At the end of November of the year preceding the tax year with the addition of a percentage point. If the SLR at the end of May in the tax year has been changed by two percentage points since the end of November the year before, the benefit value for the period July to December is calculated on the basis of the difference between the SLR at the end of May and the agreed interest rate. See also section 4.13.2.2.
As regards the deduction of amount equal to the taxable benefit, Section 4.13.4.
Valuation of preferential loans in Swedish currency
Fixed rate loans, etc..
For fixed rate loans, interest-free loans or loans with variable interest rate which shall be paid in fixed relationship to the market, estimated benefit value of the difference between the SLR at the time of the loan plus a percentage point and at the same time agreed rate of interest. The estimated benefit value for the duration of the loan period with unchanged terms.
It may happen that a loan is a good time, because the agreed interest rate below market rate, but where no tax value does not arise because the benchmark interest rate to fall below the agreed interest rate. In such cases, nor any subsequent tax value to be applied, unless its conditions are changed so that a new agreement is deemed to exist (prop. 1992/93:127 with. 56).
With the loan with a fixed interest rate loans provided that runs with a predetermined interest rate throughout the loan period (loan villkorstid). As an example may be a five-year combined mortgage where the interest rate for the entire five-year period is described as such. 3,50 %. This includes interest-free loans. This group also includes loans where the interest rate is determined in a fixed relationship to the market. with the provided example. att räntan under en viss bestämd period ska utgå efter en räntesats som vid varje tillfälle ligger en procentenhet under marknadsräntan för den typ av lån som det gäller (Board Bill. with. 55—56).
Have fixed rate loans, etc.. taken before 5 december 1986, ie. before the SLR was introduced as the interest rate term, as compared to interest rather than apply it at the time of the loan current market rate for loans of the same type as the basis for SLR plus one percentage point.
Other loans
For other loans, which have variable interest rates, the benefit value is calculated for the difference between the SLR at the end of November the year before the tax year, plus one percentage point and the agreed interest rate for the tax year.
In 61 Chapter. 16 § andra stycket IL anges att senare inträffade ränteförändringar i vissa fall ska beaktas. Has the SLR at the end of May in the tax year changed - up or down - at least two percentage points compared to the situation existing at the end of November the year before the tax year, to the benefit for the period July – December tax year, calculated as the difference between the SLR at the end of May, the tax year, plus one percentage point and the agreed interest rate.
At the end of November 2008 was SLR 2,89 %. For the tax year 2009 (all or part of, see above) should benefit value thus calculated as the difference between 3,89 % and the agreed interest rate.
Valuation of favorable foreign currency loans
In the case of foreign currency loans will benefit value is calculated according to the same valuation rules for loans in Swedish currency with the modification that the benchmark interest rate, instead of the SLR with the addition of a percentage point, will be market rate for loans in the relevant currency plus a percentage.
With market interest rate means the interest rate paid on risk-free long-term investments, ie. the rate that most closely matches SLR (prop. 1990/91:54 with. 304).
For a loan shall be deemed included in foreign currency should the borrower (the employee) stand the sk. valutarisken.
The Tax Agency (IN A 2008:32) states
“In calculating the benefit value for favorable foreign currency loans, which have variable interest rates, , the following comparison rates (market rate at the end of November 2008 plus one percentage point) applied for the full fiscal year 2009, unless interest rates at the end of May in the tax year, salaries.