The European Commission takes legal action against Sweden

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement


The European Commission takes legal action against Sweden

Sponsored by

2025ForvisMazars.png

Global mobility | 23 June 2025

The European Commission has decided to take legal action against Sweden at the EU Court of Justice. The reason? Since 2021, Swedish tax legislation has required clients to withhold 30% preliminary tax when paying foreign contractors for work performed in Sweden – if the entrepreneur (whether an individual or a company) is not approved for F-tax by the Swedish Tax Agency.

According to the Commission, the requirement for F-tax approval violates the EU’s fundamental principle of freedom to provide services (see here). The criticism concerns the fact that generally, foreign contractors without a permanent establishment in Sweden are not liable to pay tax in Sweden, but still have parts of their compensation frozen while awaiting the Tax Agency’s assessment of the foreign contractors’ tax liability. A refund can potentially take up to two years.

The relatively new legislation creates liquidity issues as well as high administrative barriers for contractors from other EU or EEA countries to operate in the Swedish market, according to the Commission. One consequence of being approved for F-tax is that the foreign contractor must annually provide specific information to the Tax Agency. This information forms the basis for the Tax Agency’s assessment of whether the company has a permanent establishment – and therefore whether it is liable to pay tax in Sweden.

Just weeks before the European Commission referred Sweden to the EU Court of Justice, the Swedish government introduced a bill proposing stricter rules for the approval and revocation of F-tax status. Under the proposal, an application for F-tax would be denied – and an existing approval could be revoked – if the applicant or holder fails to comply with an order to provide specific information, or submits or endorses information so deficient that it is clearly inadequate for assessing tax liability under the Income Tax Act. The proposed bill aims to enhance compliance and improve the integrity of tax assessments.

In light of the Commission’s position, we anticipate that the rules may ultimately revert to their previous form. Should that happen, Swedish businesses would once again bear the responsibility of independently determining the tax liability of the payee. Forvis Mazars in Sweden is closely monitoring developments and will provide updates when the EU Court of Justice has reviewed the matter. In the meantime, companies that hire foreign contractors for work performed on site in Sweden, should remain vigilant about whether F-tax approval is missing. If no withholding has been made in such cases, and tax liability in Sweden is later established, the payer may be jointly liable for the unpaid tax.

Feel free to contact us at Forvis Mazars Sweden with any questions. We can assist with both F-tax registrations for foreign companies and applications for exemption from the obligation to make tax withholdings. You can also consult us regarding the presence of a permanent establishment or the obligation to provide Specific information for F-tax approved foreign entrepreneurs or following an order from the Swedish Tax Agency.

more across site & shared bottom lb ros

More from across our site

Global tax leader David Linke said that the TaxSim gaming programme could replace aspects of traditional face-to-face learning
Former ATO economist Craig Silverwood is joining from Australian firm MinterEllison
The rebranding, which will see changes to signage, visual identity and digital properties, is scheduled to be completed by the end of this year
The software space was previously more fragmented, but that model is becoming more difficult to sustain as tax administration becomes increasingly digitised
While some may argue that heads should roll following KPMG Australia’s audit leak scandal, client and revenue data emphasises that tax team stability is paramount
A landmark ruling on LLP taxation has clarified who truly holds ‘significant influence’ and which partnership structures are most likely to withstand HMRC scrutiny
Chris Jordan promoted tax schemes to clients and received illicit payments, it has also been alleged
Solving the UK's fiscal deficit requires an ‘ease of doing taxes’ framework driven by tax-as-code – not thousands of additional auditors
Despite the ongoing audit controversy, the firm’s tax and legal division saw revenue growth of 10.9%
Fresh from the UN negotiations in New York, Alex Cobham offers ITR readers a rare first-hand perspective on the future of international tax cooperation
Gift this article