Dubbel bosättning : Bostadens betydelse vid flytt från Sverige

Sammanfattning: The Swedish tax on income for persons who are unlimited liable to tax is based on his domicile and double taxation treaties between Sweden and other countries are based on his residence. In order to determine a person’s tax liability, the dwelling or home is of vital importance to determine where a person has his domicile and residence. For a person who has moved from Sweden, to be unlimited tax liable here, there must be an essential link. This link can be through previous residence in Sweden, the person is not a permanent residence in a foreign country, in possession of housing for year-around-use or in possession of house property. Sweden has concluded double tax agreements with other countries for the reason to prevent double taxation on the same income. When a taxpayer may be regarded as a resident in two states, the situation must be resolved to avoid that double taxation will arise. This is resolved according to the OECD model convention. The person shall be deemed to be a resident in that state where he has “a permanent home available to him”. The person is considered domiciled in Sweden if he doesn’t show a lack of such essential link, to the Swedish tax authority (Skatteverket). To determine whether the dwelling is to be considered as an essential link or not, many different factors is taken into account such as type of dwelling, use of dwelling, economic value, location, etc. Case law can give guidance on how a situation shall be resolved. A possession of a previous permanent residence appears in the most cases to be regarded as a strong connection to Sweden for the person to be unlimited liable to tax. However, a year-around furnished house, which is not intended to be permanent, is not to be regarded as such a strong link. Neither a house intended for holiday use is to be considered to give any essential link.