Skatteverket asks for names of Sweden-based EBD members
#91
Join Date: May 2017
Posts: 2,016
If Skatteverket decides to push to tax all personal use of points earned from work-paid tickets, what will happen in the event that there is a work-related point balance remaining in the account of a deceased SK account holder who is part of a point sharing account or group and the manager of the accounts uses those points? Will they be required to go hunt down which points are "work-related" and then settle the tax due for their use?
I wonder what happens if I earn some points from a work trip today, then my employer goes bankrupt next week and is liquidated. Then I use the points for a private trip next year after the company has been liquidated. According to the law, I have to inform my employer about the benefit so that my employer can declare and pay the correct arbetsgivaravgift, but if my employer has been liquidated, there is no address to which I can send the notification of the benefit. Can I just publish an announcement in Post- och inrikes tidningar? Would Skatteverket try to collect the arbetsgivaravgift from me if the employer no longer exists?
#92
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The deceased person's estate has to inform the deceased person's employer about the redemption. The estate will then pay income tax on the benefit and the employer has to pay the arbetsgivaravgift.
I wonder what happens if I earn some points from a work trip today, then my employer goes bankrupt next week and is liquidated. Then I use the points for a private trip next year after the company has been liquidated. According to the law, I have to inform my employer about the benefit so that my employer can declare and pay the correct arbetsgivaravgift, but if my employer has been liquidated, there is no address to which I can send the notification of the benefit. Can I just publish an announcement in Post- och inrikes tidningar? Would Skatteverket try to collect the arbetsgivaravgift from me if the employer no longer exists?
I wonder what happens if I earn some points from a work trip today, then my employer goes bankrupt next week and is liquidated. Then I use the points for a private trip next year after the company has been liquidated. According to the law, I have to inform my employer about the benefit so that my employer can declare and pay the correct arbetsgivaravgift, but if my employer has been liquidated, there is no address to which I can send the notification of the benefit. Can I just publish an announcement in Post- och inrikes tidningar? Would Skatteverket try to collect the arbetsgivaravgift from me if the employer no longer exists?
Have fun with this: https://lup.lub.lu.se/luur/download?...ileOId=1565212
Enligt 13 kap. 43 § andra punkten i ABL ska ett bolag upplöst genom likvidation undantagslöst träda i efterföljande likvidation, om någon väcker talan mot bolaget.
Last edited by GUWonder; Oct 17, 2020 at 11:14 am
#93
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#94
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When it comes to tax compliance purposes for people subject to Swedish taxation, whether a person has a personal number from Skatteverket, is a foreigner entitled to only a coordination number from Skatteverket, or a person has no identification number whatsoever from Skatteverket, Skatteverket can still go fishing after the person for taxes due under Swedish law when income (and/or other taxable benefit) subject to Swedish taxation comes to their attention.
I do wonder if any of the 2017 EBD accounts listed as being based in Sweden -- something done on the basis of mailing address or telephone number on file for the account member -- are for people who were legally not subject to Swedish taxation in 2017 and may still not be. Merely having an address or telephone number indicating a given country doesn't necessarily mean the person is or has ever been subject to taxation in that country. And merely not having any address or telephone number in a given country doesn't necessarily mean the person is not or has never been subject to taxation in the country where they have neither an address nor telephone number.
Speaking of bigger fish, maybe Skatteverket will go after all those people who have a cell phone and related phone service provided by their employer but use the company-paid phone service a lot for personal entertainment such as surfing FT, travel blogs, etc.
I do wonder if any of the 2017 EBD accounts listed as being based in Sweden -- something done on the basis of mailing address or telephone number on file for the account member -- are for people who were legally not subject to Swedish taxation in 2017 and may still not be. Merely having an address or telephone number indicating a given country doesn't necessarily mean the person is or has ever been subject to taxation in that country. And merely not having any address or telephone number in a given country doesn't necessarily mean the person is not or has never been subject to taxation in the country where they have neither an address nor telephone number.
Speaking of bigger fish, maybe Skatteverket will go after all those people who have a cell phone and related phone service provided by their employer but use the company-paid phone service a lot for personal entertainment such as surfing FT, travel blogs, etc.
#95
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Join Date: Aug 2010
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Programs: UAMP S, TK M&S E (*G), Marriott LTP, IHG P, SK EBG
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Those people who have samordningsnummer are not able to do much in Sweden (they can't even open a bank account), and why would they have a big pot of EB points?
#96
Join Date: May 2017
Posts: 2,016
https://www.expressen.se/dinapengar/...s-bonuskunder/
SAS har tagit till alla lagliga möjligheter för att slippa överlämna det känsliga kundregistret med sina svenska diamantkortskunder.
SAS har tagit till alla lagliga möjligheter för att slippa överlämna det känsliga kundregistret med sina svenska diamantkortskunder.
Följande vill Skatteverket att SAS lämnar ut:
• Medlemens för och efternamn.
• Födelsedatum.
• Antal poäng 1 januari 2017.
• Antal poäng vid årets slut 2017.
• Antal poäng som utnyttjats under 2017.
• Medlemens för och efternamn.
• Födelsedatum.
• Antal poäng 1 januari 2017.
• Antal poäng vid årets slut 2017.
• Antal poäng som utnyttjats under 2017.
It says that SK has appealed to HFD so it will take longer until SKV gets the information.
#97
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Join Date: Jul 2011
Location: Tokyo
Programs: JAL Metal Card (OWE), SAS Eurobonus Gold (*G), Marriott Titanium (LTP), Tokyu Hotels Platinum
Posts: 21,178
If SK wants to hide the information, why doesn't SK simply move Eurobonus to a subsidiary, Eurobonus Youxian Gongsi or Eurobonus OAO or something?
What can SKV do with this information? It may be possible to deduce that many of the points were earned from flights and other expenses paid by the employer, for example if the member's annual salary is 1 MSEK but the points impossibly could have been earnt without spending 2 MSEK, but it is not possible to tell if the points were used for private or corporate expenses.
It says that SK has appealed to HFD so it will take longer until SKV gets the information.
What can SKV do with this information? It may be possible to deduce that many of the points were earned from flights and other expenses paid by the employer, for example if the member's annual salary is 1 MSEK but the points impossibly could have been earnt without spending 2 MSEK, but it is not possible to tell if the points were used for private or corporate expenses.
It says that SK has appealed to HFD so it will take longer until SKV gets the information.
#98
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Join Date: Feb 2008
Location: Stockholm
Programs: Various
Posts: 3,369
– Vi vill ta reda på hur många anställda som samlar bonuspoäng i tjänsten och använder dem privat utan att betala förmånsskatt, säger Isabelle Letelier, samordnare på Skatteverket.
#99
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Can the mentioned Skatteverket coordinator for this initiative tell us what Swedish employees should pay in tax for using their employer-paid smartphones, mobile phone service and computers for doing personal junk?
First and last name along with the birthdate info allows Skatteverket to run a query to see who on the SAS-supplied list (of SK elites) is/was subject to Swedish taxation.
So it seems Skatteverket's first order of business is to identify people subject to Swedish taxation. Then they seem likely to use the rest of the info to come up with a high level estimate of unpaid/due tax liability; and then determine if it is worth a deeper dive to go after tax subjects for this money or for Skatteverket to come up with a new policy/policy announcement about how they plan to implement taxation of this stuff.
How many SAS elites have a misleading birth date on file on their frequent flyer accounts? And what about those irregular situations where an SAS elite account may actually be an account that co-mingles activity by two or more relatives (or even strangers) with at least partially the same name?
If SK wants to hide the information, why doesn't SK simply move Eurobonus to a subsidiary, Eurobonus Youxian Gongsi or Eurobonus OAO or something?
What can SKV do with this information? It may be possible to deduce that many of the points were earned from flights and other expenses paid by the employer, for example if the member's annual salary is 1 MSEK but the points impossibly could have been earnt without spending 2 MSEK, but it is not possible to tell if the points were used for private or corporate expenses.
It says that SK has appealed to HFD so it will take longer until SKV gets the information.
What can SKV do with this information? It may be possible to deduce that many of the points were earned from flights and other expenses paid by the employer, for example if the member's annual salary is 1 MSEK but the points impossibly could have been earnt without spending 2 MSEK, but it is not possible to tell if the points were used for private or corporate expenses.
It says that SK has appealed to HFD so it will take longer until SKV gets the information.
So it seems Skatteverket's first order of business is to identify people subject to Swedish taxation. Then they seem likely to use the rest of the info to come up with a high level estimate of unpaid/due tax liability; and then determine if it is worth a deeper dive to go after tax subjects for this money or for Skatteverket to come up with a new policy/policy announcement about how they plan to implement taxation of this stuff.
How many SAS elites have a misleading birth date on file on their frequent flyer accounts? And what about those irregular situations where an SAS elite account may actually be an account that co-mingles activity by two or more relatives (or even strangers) with at least partially the same name?
Last edited by GUWonder; Oct 28, 2020 at 3:03 am
#100
Join Date: Nov 2014
Location: CPH, Swedish side of the bridge
Programs: SK*G (EBD)
Posts: 574
My guess: Nothing will happen.The information they get isn't enough for them to demand explanation. The courts will throw it out in a New York minute. Even in Sweden there exists an idea that you are innocent until at least there is some compelling evidence that you aren't. The info they request can't give them that information.
Anyone who volunteers it is a fool. Let them jump through hoops...
Anyone who volunteers it is a fool. Let them jump through hoops...
#101
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My guess: Nothing will happen.The information they get isn't enough for them to demand explanation. The courts will throw it out in a New York minute. Even in Sweden there exists an idea that you are innocent until at least there is some compelling evidence that you aren't. The info they request can't give them that information.
Anyone who volunteers it is a fool. Let them jump through hoops...
Anyone who volunteers it is a fool. Let them jump through hoops...
Volunteering to do Skatteverket's investigation for it is a risky gamble for any subjects of this (presumably very preliminary) investigation -- an investigation that seems to be a fishing expedition of sorts to see if the waters may be rich enough to fish more and deeper.
I don't know if the Swedish courts would throw this out so quickly (if even throw it out at all), but I wouldn't rule out the possibility that Skatteverket may identify an easy SK*G target, assess and apply a tax liability for the points use, and then take its chances on that being the test case. In other words, expect the target to be a working stiff and not some Bertil Hult level player. Oh, wait, he too has listed himself as being non-resident in Sweden so as to minimize his exposure to Skatteverket.
#102
Join Date: May 2017
Posts: 2,016
It is possible that they are currently trying to figure out how to determine how much tax people should pay, since it is not at all clear what the value of the benefit is. Make a few test cases where big spenders end up in HFD and see where this leads.
If they find suspicious points activity, then they could request more information about those accounts from SK. Even if it is too late to get the 2017 data, they could request the 2020 data for those accounts and hope that the Eurobonus member still uses points privately.
#103
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It's weird that they didn't ask for the Eurobonus member's address. First name, last name and date of birth probably gives a couple of doubles. "I'm not a Eurobonus member! You've got the wrong Anders Andersson, born 1950-01-01! There are two others with the same name and date of birth. You must be looking for one of the others."
It (i.e., not asking for a specific home/business address on file for the accounts) at this point is only weird to me if it wasn't at a very preliminary stage for its investigation into determining how to proceed -- if at all -- against any frequent flyers for this kind of thing.
How many Anders Anderssons in Skatteverket's files for Swedish tax subjects born on January 1, 1950? I don't think it would be too difficult for Skatteverket to figure out which of those were not an EBD in 2017, especially as Skatteverket would probably follow up with demanding that SAS provide additional PII and account info for it to use to nail down a target of concern.
By the way, there seems to be only one Anders Andersson born on January 1, 1950 in Skatteverket's records.
#104
Join Date: May 2017
Posts: 2,016
It (i.e., not asking for a specific home/business address on file for the accounts) at this point is only weird to me if it wasn't at a very preliminary stage for its investigation into determining how to proceed -- if at all -- against any frequent flyers for this kind of thing.
How many Anders Anderssons in Skatteverket's files for Swedish tax subjects born on January 1, 1950? I don't think it would be too difficult for Skatteverket to figure out which of those were not an EBD in 2017, especially as Skatteverket would probably follow up with demanding that SAS provide additional PII and account info for it to use to nail down a target of concern.
I didn't actually check the records when I wrote that. It seems that there were two of them born on the 14th. Name+date of birth probably gives a unique hit in most cases.
#105
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My guess: Nothing will happen.The information they get isn't enough for them to demand explanation. The courts will throw it out in a New York minute. Even in Sweden there exists an idea that you are innocent until at least there is some compelling evidence that you aren't. The info they request can't give them that information.
Anyone who volunteers it is a fool. Let them jump through hoops...
Anyone who volunteers it is a fool. Let them jump through hoops...
However, as with most tax laws in the world, the burden of proof rests much heavier with the tax payer than it does with the tax collector. While not guilty until proven innocent, it can still be a matter of being able to prove your innosence to get out of a grey zone, rather than the authorities proving guilt.