Den skatterättsliga gränsdragningen mellan ränta och utdelning: Klassificering på gränsen mellan skatterätten och redovisningsrätten
2017 (Swedish)Doctoral thesis, monograph (Other academic)
Den skatterättsliga gränsdragningen mellan ränta och utdelning – How to classify and draw
a distinction between interest and dividend for tax purposes
The purpose of this thesis is to analyse the question of how to classify and distinguish
between interest and dividend for tax purposes in the hand of the issuer of a hybrid
instrument. The question originates in the borderland of tax and accounting law and the
aim is further to study how tax and accounting law interact in this area.
The question of how to classify and distinguish between interest and dividend for tax
purposes is of great importance for the issuing company of a hybrid instrument since
interest is deductible; whereas dividends are not. However, in Swedish tax law there are
no definitions or rules specifying how to make the classification. The question is decided
by case law. Unfortunately, case law is not uniform and it is difficult to foresee the actual
However, in accounting law, there are definitions of debt and equity based on the
economic substance of the conditions of a financial instrument, and there are certain
methods for classification of hybrid instruments. It is important to recognize that tax and
accounting law in some respects have different aims and are designed to achieve different
goals. At the same time, both tax and accounting law operate in the same economic reality.
In this context, there seems to be a tension between the two different areas.
This tension or relation between tax and accounting law could be used to facilitate the
classification and address the question of how to distinguish between interest and dividend
for tax purposes. A possible way to go is to design separate tax definitions based on
economic substance and conceptions in accounting law.
Place, publisher, year, edition, pages
Uppsala: Iustus förlag, 2017. , 348 p.
Skrifter från Juridiska fakulteten i Uppsala, ISSN 0282-2040 ; 134
Skatterätt, redovisningsrätt, främmande kapital, eget kapital, ränta, utdelning
Research subject Corporate Law
IdentifiersURN: urn:nbn:se:uu:diva-316838ISBN: 978-91-7678-986-5 (print)OAI: oai:DiVA.org:uu-316838DiVA: diva2:1080166
2017-05-05, Nya Brusewitz, rum 3312, Gamla Torget, Uppsala, 10:15 (Swedish)
Melz, Peter, Professor
Bjuvberg, Jan, DocentWiman, Bertil, Professor