- Sale and Leaseback Agreements: The Tax Agency views sale and leaseback transactions as two separate transactions, where the initial sale is classified as a delivery of goods, and the subsequent leaseback is assessed based on whether it constitutes a supply of goods or services. If the new owner retains substantial rights and risks, the arrangement is treated as a supply of goods; otherwise, it is considered a supply of services.
- Lease and Leaseback Agreements: In contrast, lease and leaseback agreements are generally seen as a single transaction where the rental company retains its rights to the goods. The Tax Agency believes these contracts typically do not reflect separate financial relationships, and thus they are assessed as a service provision, with specific provisions for credit services being exempt from VAT.
- Regulatory Update: This new interpretation replaces the previous guidance on VAT for the reletting of premises and does not change the underlying principles. It emphasizes the importance of evaluating the economic realities of the agreements to determine their VAT treatment accurately.
Source: www4.skatteverket.se
Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.
