En privat sajt med många skattetips och en guldgruva för dem som arbetar aktivt med skatter!

Denna webbplats administreras av Skattepunkten AB
Skattepunkten AB ger Dig professionell skatterådgivning

Kontakta Skattepunkten AB när Du behöver privat hjälp av en skattekonsult.

Body: 

Hello!

I hope you can give me some advice on my situation;

What is given:

  • I am a Swedish tax resident.
  • For around 5 years I own a property outside the EU (Russia). This property was gifted to me, the person who gifted had not bought it also - its a gift from the government.
  • I want to sell it and buy property in Sweden instead.
  • As I understand, if I sell that property, I need to pay 22% on the profit.

 

Questions:

  1. What is the way to calculate the  capital gain if the property has  never been purchased and 0 investments made in renovation ? Does the full sales price considered as capital gain and therefore  taxable?
  2. Is there any legal way to avoid / decrease  taxes in my situation? Maybe the fact that I will buy property in Sweden can help?
  3. Based on your experience, do you know if sales of properties are being reported by Russian irs  to Swedish ?

 

4 Kommentarer
  1. anon
    D Andersson
    jan 07, 2021

    Hi,

    1 I will be the full sale price that is the capital gain since you have had no cost to buy the property.

    2 Since the property is outside the EU you can´t avoid/decrease the tax.

    3 Since there is a tax agreement between Sweden and Russia they should send the information to Sweden but if that happens or not, I may not answer.

    Kind regards

    Daniel

    Daniel Andersson är skattejurist hos Skattepunkten AB

  1. anon
    Vasiliy
    jan 08, 2021

    Hej Daniel,

    Thanks a lot for your answer. To obtain total clarity I decided to read tax agreement btw Sweden and Russia.

    There are articles 6 and 23 that confuses me. In article 6  Income from Immovable property, it says: "1. Income derived by a resident of a Contracting State from immovable property (including income from agriculture or forestry) situated in the other Contracting State may be taxed in that other State." Does that mean I can pay tax just in Russia?

    Then when I read article 23 Elimination of double taxation, it says:

    2. In the case of Sweden, double taxation shall be avoided as follows:

    (a) Where a resident of Sweden derives income which under the laws of Russia and in accordance with the provisions of this Convention may be taxed in Russia, Sweden shall allow – subject to the provisions of the law of Sweden concerning credit for foreign tax (as it may be amended from time to time without changing the general principle hereof) – as a deduction from the tax on such income, an amount equal to the Russian tax paid in respect of such income.

    (b) Where a resident of Sweden derives income which, in accordance with the provisions of this Convention, shall be taxable only in Russia, Sweden may, when determining the graduated rate of Swedish tax, take into account the income which shall be taxable only in Russia.

    (d) Where a resident of Sweden owns capital which, in accordance with the provisions of this Convention, may be taxed in Russia, Sweden shall allow as a deduction from the tax on the capital of that resident an amount equal to the capital tax paid in Russia. Such deduction shall not, however, exceed that part of the Swedish capital tax, as computed before the deduction is given, which is attributable to the capital which may be taxed in Russia.

    Article 23 says that taxes paid in Russia could be excluded from Swedish calculation. A bit confused now as one article says that I can pay tax in Russia, the second article suggests possible deductions...Do you possibly have any idea on how to read this?

     

  1. anon
    matgus3
    jan 08, 2021

    It means that you can deduct taxes paid in Russia, from Swedish 22 percent tax.

    <p>Mats</p>

  1. anon
    D Andersson
    jan 09, 2021

    Hi,

    In your case article 13 (capital gains) is relevant since you sell the property, but it states more or less the same thing ie that Russia may tax the income. This means that Russia may tax the income but is doesn´t prevent Sweden to tax the income. If it would prevent Sweden to tax the income it would state that only one stat could tax the income (compare with article 11, p1).

    Since article 13 make it possible for both countries to tax the income, Sweden should deduct the Russian tax to avoid the double taxation.

    Kind regards

    Daniel

    Daniel Andersson är skattejurist hos Skattepunkten AB