Hiring foreign company from enskild firma
Skriven av MariusV den 25 april, 2017 - 15:52
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Hello.
I have come to a sticky situation with Skatteverket and would like some information.
In 2016 I was runing enskild firma in Sweden and I have hired a company from another EU country (legal person) witch I also own. So basically I was doing the work my self.
And now I got Skatteverkets attention, and they are saying that this was not logical to do and they are not approving the transaction.
So my question would be are they right? Was this transaction against the law or similar? Because they didnt't say anything clearly, just in abstract.
Thank you
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Dear Sir,
This depends it little bit what kind of company you hired from abroad, was it a limited company or are you self-employed abroad. If you have a limited company it should be legal but then you must think about transfer pricing. If you are self-employed it is not legal since you cannot be employed by yourself. What you can always do is to tell Skatteverket to motivate the reason for their decision.
Kind regards
Daniel
Daniel Andersson är skattejurist hos Skattepunkten AB
Thank you for your answers.
Yes, it was a limited company abroad.
As I understand now, the price was too high for arms lenght principle.
They may also think that the foreign company has a permanent establishment in Sweden if you do the work for the foreign company when you are in Sweden.
Kind regards
Clas
Hälsningar/ClasSkattepunkten AB