Tillverkningsprocessen i industriell verksamhet - Gränsdragningsproblematik

Detta är en Kandidat-uppsats från Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

Sammanfattning: The purpose of this essay is to examine the boundary problem with a non-legislated categorization concept. The concept of the manufacturing process in industrial activity is somewhat of a gray area, as it has never had a legis-lated definition and the scope of the concept has changed over time in dif-ferent ways. Through interpretation changes, some companies have lost the right to the tax relief. The concept of the manufacturing process in industrial activity can be found within the energy tax, which is one of our national point taxes and is regu-lated by the Energy Tax Act (1994:1776). The consumption of fuels and electricity is generally taxed, but there are some exceptions in the form of tax relief for several different areas of consumption. One of these tax reliefs is for the manufacturing process in industrial activity. The tax relief was in-troduced in 1992, primarily to strengthen the competitiveness of national companies on the international market. This essay provides an overview of both EU legal regulations and decisions, as well as the background and purpose of our national energy tax legislation, which can be directly related to the aforementioned tax relief. The main part of the essay consists of analyses of legal cases, legal state-ments from the Swedish Tax Agency and decisions from the Tax Court. The essay makes a separate distinction between the concepts of the manufactur-ing process and industrial activity. The conclusion is that the manufacturing process in industrial activity has caused not only problems for Swedish authorities, but also for companies that want to meet the requirements to be classified as industrial activity, especially for companies that have lost the right to tax relief as the scope of the concept of industrial activity has been updated. Since there has been a lack of clear problematization of the concept of the manufacturing process in industrial activity, the authorities' different bound-ary decisions have been made on weak grounds. The Supreme Administrative Court's (HFD) legal cases 1282-22 and 1618-22 have resulted in a significant change in the application of the concept of industrial activity, which has changed the Swedish authorities' interpretation of the concept, and it can be assumed that it will also reduce the legal cases regarding the interpretation of the concept. However, there should still be some boundary problem, as the court only took a position on the Swedish Tax Agency's requirement of main activity regarding industrial activity. In addition to the new court cases, it is not pos-sible to predict the changes in the concept that may occur through the de-velopment of technology, changes in society or if the EU Council updates directive 2003/96/EC.

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