January 8, 2010 - Assignment

Mannheimer Swartling wins precedent-setting tax case

Mannheimer Swartling has advised several individuals in a tax case before the Supreme Administrative Court in Sweden. The individuals were senior managers and had invested in shares of the company which employed them. Furthermore, these individuals were contractually bound by restrictions associated with their share ownership. The matter involved whether their share profits should be taxed as a capital gain or employment income. The Court ruled in favour of the taxpayers and stated that the income shall be taxed as a capital gain, which has a lower tax rate and does not require certain employer contributions to be paid.

The Court’s ruling sets a significant precedent and is of particular relevance to the Swedish private equity industry and in management positions in companies owned by private equity firms.

Mannheimer Swartling’s team handling tax issues was led by Martin Nilsson and Anders Erasmie.