Change search
CiteExportLink to record
Permanent link

Direct link
Cite
Citation style
  • apa
  • ieee
  • modern-language-association-8th-edition
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf
HFDs hantering av regelkollision mellan intern rätt och skatteavtal: En analys av RÅ 2010 ref. 112
Jönköping University, Jönköping International Business School.
2012 (Swedish)Independent thesis Basic level (degree of Bachelor), 10 credits / 15 HE creditsStudent thesis
Abstract [en]

The OMX-case entailed considerable uncertainty about the relationship between tax treaties and Swedish domestic law. Previous approaches to handle rule conflict between them was put out of action for the first time when an internal rule took precedence over tax treaties. The Greece-case came a few years later where there were hopes that it would be decided in plenary session to return to the view that prevailed before the OMX-case, which did not happen. Instead the Supreme Administrative Court ruled that the tax treaties shall in principle be given preference, but that in exceptional situations tax treaties can be infringed to an internal rule's benefit, so called tax treaty override. Such procedure is acceptable if the legislature gives "clear expression" of the intention of a certain type of income is to be taxed in Sweden, or that a particular new rule applies regardless of the provisions in tax treaties.

The purpose of this thesis is to analyze the supreme administrative courts management of rule collision between domestic law and tax treaties in the Greece-case. Further analysis of the requirement "clear expression" shall take place and the basis of why the supreme administrative court justifies tax treaty override shall also be analyzed.

The conclusion presented in this thesis initially includes problems that arise to conclude the meaning of the term "clear expression" and that application difficulties arise because the supreme administrative court did not provide further guidance of its meaning. Secondly, that the supreme administrative court justify tax treaty override occasionally since there is no constitutional or procedural obstacles for a newer internal law to expand the Swedish taxation when an already implemented taxation agreement restricts it.

Place, publisher, year, edition, pages
2012. , p. 35
Keywords [sv]
Skatteavtal, regelkollision, företrädesrätt, tax treaty override, RÅ 2010 ref. 112, OMX-domen
National Category
Law and Society
Identifiers
URN: urn:nbn:se:hj:diva-18999OAI: oai:DiVA.org:hj-18999DiVA, id: diva2:541713
Subject / course
IHH, Commercial Law
Uppsok
Social and Behavioural Science, Law
Supervisors
Examiners
Available from: 2012-08-31 Created: 2012-07-06 Last updated: 2012-08-31Bibliographically approved

Open Access in DiVA

fulltext(548 kB)866 downloads
File information
File name FULLTEXT01.pdfFile size 548 kBChecksum SHA-512
8326f869f2675567e036cb6a7b4d12acdfbe2fe4ae216dc01e648bc326d714401e86b735adcbf9a1545a3d77ee2ed942d2b77fa842256b6d83f59f40d94b966d
Type fulltextMimetype application/pdf

Search in DiVA

By author/editor
Grahn, Josefine
By organisation
Jönköping International Business School
Law and Society

Search outside of DiVA

GoogleGoogle Scholar
Total: 867 downloads
The number of downloads is the sum of all downloads of full texts. It may include eg previous versions that are now no longer available

urn-nbn

Altmetric score

urn-nbn
Total: 621 hits
CiteExportLink to record
Permanent link

Direct link
Cite
Citation style
  • apa
  • ieee
  • modern-language-association-8th-edition
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf