/Entry into force: 04/01/2017

Scope of application



section 1 of this Act apply to such exchange of information referred to in 1. the multilateral agreement on 27 January 2016 between competent authorities on the exchange of country-by-country reports, 2. another agreement between the competent authorities for the automatic exchange of country-by-country reports on tax matters, and 3. Council directive of 15 February 2011 on administrative cooperation in the field of taxation, in the wording of Council Directive (EU) 2016/881.



Definitions



section 2 of the Device, reportable device and multinational group has the meaning specified in 33 (a). section 2 of the tax Procedure Act (2011:1244).



Transmission section 3 of the Revenue Commissioners shall, by automatic exchange, transfer country-by-country reports that the tax agency has received from reporting entities pursuant to chapter 33 a.

tax Procedure Act (2011:1244).



A country-by-country report should be transmitted to the competent authority of a Member State of the European Union if at least one device that is part of the same multinational group of companies as the reporting entity, as outlined in the country-by-country report, either domiciled in the other Member State or is subject to tax there because of activities through a permanent establishment.



A country-by-country report shall also be transmitted to the competent authority of another State or jurisdiction, if 1. There is an existing contract with the other State or jurisdiction concerning the automatic exchange of country-by-country reports on taxation,



2. the competent authority of the other State or jurisdiction has not been notified that it should be considered a ' non-reciprocal jurisdiction which transmit but not receive country-by-country reports, and 3. at least one device that is part of the same multinational group of companies as the reporting entity, as outlined in the country-by-country report, either domiciled in the other State or jurisdiction or is subject to tax there because of activities through a permanent establishment.



section 4 of the country-by-country reports shall be transmitted at least once a year. It should indicate the currency used in the report.



The tax agency shall notify the competent authorities of all other Member States of the European Union and in other States and jurisdictions referred to in paragraph 3, third subparagraph 1 and 2 about intelligence that the tax agency has received under chapter 33 a.

9 section tax Procedure Act (2011:1244) that the parent company in a group have refused to provide it with all necessary information.



Cooperation to ensure that the agreement is respected and applied



§ 5 If the tax authority has reason to believe that a reportable device in another State or jurisdiction has made false or incomplete statements in a country-by-country report or have not left any country-by-country report, the Swedish tax agency inform the competent authority of the other State or jurisdiction.



6 § If another State or jurisdiction competent authority notifies the tax agency that the authority has reason to believe that incorrect or incomplete information has been provided by a Swedish reportable device, or that such a device has not left any country-by-country report, the Swedish tax authorities take the measures possible under Swedish law to obtain the actual and complete information that is missing.



The use of data to the Swedish tax agency receives



section 7 of the Data in the country-by-country reports that the Swedish tax agency receives may be used 1. comprehensive analysis of the risks of the transfer pricing area and other risks of erosion of the tax base and the transfer of profits, including the assessment of the risk of any device in a multinational group does not comply with transfer pricing rules, and



2. Economic and statistical analysis.



The result of a trade or business shall not be adjusted according to chapter 14. section 19 of the income tax Act (1999:1229) solely on the basis of the contents of a country-by-country report.



Notification in the event of a breach of confidentiality or gaps in the protection of data



§ 8 the tax agency shall immediately inform the Secretariat at the coordinating body referred to in article 24(3) of annex I to the Act (1990:313) on the Council of Europe and the OECD Convention on mutual assistance in tax matters



1. in the event of a breach of confidentiality in accordance with subparagraph (a)) the multilateral agreement on 27 January 2016 between competent authorities on the exchange of country-by-country reports, or



b) another agreement between competent authorities on the exchange of country-by-country reports on taxation, or 2. shortcomings in the protection of data that has been received.



The tax agency shall also inform the Secretariat of the coordinating body for possible sanctions and remedial measures as a result.