In May 2012, the Swedish Supreme Administrative Court delivered its first judgment concerning the tax treaty term 'beneficial owner'. Although the ruling deals with the interpretation of a corresponding expression in Swedish domestic law and not the tax treaty term as such, there are reasons to believe that the ruling will have consequences for the interpretation of the tax treaty term in future cases. Thus, some tentative conclusions regarding the meaning of the term beneficial owner in Swedish tax law are drawn on the basis of the ruling. The ruling may also be important for the interpretation of other similar terms applied in Swedish domestic law on taxation of outbound dividends and royalty.
Intertax