Inheritance tax in Sweden

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Sweden does not levy inheritance or gift taxes; both taxes were abolished at the end of 2004.

Previous regulations

The oldest written inheritance tax regulation in Sweden goes back to the younger Visigoth law from the 14th century, according to which an inheritance had to pay 1/10 of the inherited movable property to the landlord within 30 days of the death of the testator. The modern inheritance tax and gift tax law was based on a law from 1914.

Abolition of inheritance and gift taxes

Sweden had both inheritance and gift tax levied, which was based on the degree of relationship and the amount of property and most recently reached a maximum tax rate of 30%. In the years before 2004 a fundamental reform of the inheritance tax and gift tax law was discussed, for which several bills had been drawn up. In 2003 it was decided to exempt spouses and partners from the tax. In the period that followed, the view prevailed that the collection of inheritance and gift tax did not serve general justice. The government also wanted to facilitate the generation change. It was decided to abolish both types of tax at the end of 2004 without replacement. On December 16, 2004, parliament decided to abolish inheritance tax. All parties in parliament voted to abolish inheritance tax.

In 2005, the repeal was brought forward retrospectively to December 17, after over 500 Swedish nationals were killed in the tsunami disaster in the Indian Ocean on December 26, 2004, all of whom would still have had to apply the old inheritance tax law.

Persistent double taxation agreement

On July 14, 1992, Sweden concluded a general tax agreement with Germany to avoid double taxation, which under Articles 24 to 28 also regulates inheritance and gift tax. This agreement has not been terminated, so that it still applies to German-Swedish inheritance and gift cases. However, since the agreement for Germany basically provides for the avoidance of double taxation not by exemption from German tax, but by offsetting any Swedish tax against the German tax (Art. 26), the ongoing agreement has an effect with regard to the abolition of the Swedish inheritance tax and gift tax are not excluded.

See also

Individual evidence

  1. ^ Ernst Johannsson: Inheritance law in Sweden , in: Rembert Süß (Hrsg.): Inheritance law in Europa , 2nd edition 2008, Zerb Verlag, ISBN 978-3-935079-57-0 , page 1318f. No. 183f.
  2. ↑ BDI / vbw / Deloitte series on inheritance tax reform, edition VI, September 24, 2007, international comparison, competition for locations, p. 12, PDF
  3. ↑ Business Report Dec 18 2003 (English)
  4. ↑ Prop. 2004/05: 22, materials, quoted from: Ernst Johannsson: Inheritance law in Sweden , in: Rembert Süß (Hrsg.): Inheritance law in Europe. 2nd edition 2008, Zerb Verlag, ISBN 978-3-935079-57-0 , page 1319, footnote 214
  5. ↑ A Wollstad & A Ydstedt: Ten years without the Swedish inheritance tax . Ed .: The Confederation of Swedish Enterprise. Stockholm (English).
  6. ^ Ernst Johannsson: Inheritance law in Sweden , in: Rembert Süß (Hrsg.): Inheritance law in Europe , 2nd edition 2008, Zerb Verlag, ISBN 978-3-935079-57-0 , page 1319 No. 184
  7. ↑ German-Swedish tax agreement of July 14, 1992  ( page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.@1@ 2Template: Toter Link / www.bundesfinanzministerium.de  
  8. ^ Ernst Johannsson: Inheritance law in Sweden , in: Rembert Suss (Hrsg.): Inheritance law in Europe. 2nd edition 2008, Zerb Verlag, ISBN 978-3-935079-57-0 , page 1319f. No. 185 ff.

literature

  • Troll / Gebel / Jülicher: Inheritance Tax and Gift Tax Act , 3, 7th edition 2009, Vahlen, loose-leaf commentary, ISBN 978-3-8006-2402-7 , § 21 ErbStG, marginal no. 125 (Sweden)
  • Ernst Johannsson: Inheritance law in Sweden , in: Rembert Süß (Ed.): Inheritance law in Europe , 2nd edition 2008, Zerb Verlag, ISBN 978-3-935079-57-0 , pages 1277-1322
  • A Wollstad & A Ydstedt: Ten years without the Swedish inheritance tax (English). Ed .: The Confederation of Swedish Enterprise. Stockholm.