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Economic crime report 2004 - Ekobrottsmyndigheten

Economic crime report 2004 - Ekobrottsmyndigheten

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payroll tax, personal income tax, and VAT, the state loses annual revenue<br />

amounting to 85% of undeclared wages, or SEK 2-2.5 billion. The scope<br />

of this problem has distorted competition in some cases.<br />

According to the <strong>report</strong>, the work of the Nationwide Project demonstrates<br />

that the organized contracting out of undeclared labour by the construction<br />

industry has reached the point that radical legislative changes are<br />

required to deal with it. In the autumn of 2001, the Ministry of Finance<br />

commissioned SKV to study the prospects for adopting a system whereby<br />

withholding taxes would have to be collected for subcontractors. SKV<br />

<strong>report</strong> 2002:6 described various options for designing the system, such<br />

as a voluntary vs. compulsory approach. The Government appointed a<br />

Construction Commission in February of 2002. The subsequent material<br />

expanded upon the legislative proposal, as well as offering recommendations<br />

where the SKV <strong>report</strong> had presented alternative solutions.<br />

The commission proposed a system of compulsory withholding taxes for<br />

building and construction subcontractors and for firms that contract out<br />

such workers. The system is to cover both Swedish and foreign contractors<br />

and subcontractors. The amount withheld, which is to be 40% of compensation<br />

for labour costs, is to be deposited in a special SKV account,<br />

while the remaining invoice amount is paid to the contractor.<br />

With respect to VAT, the commission proposed a compulsory “reverse tax<br />

liability” for both Swedish and foreign buyers. Although Sweden would<br />

have to apply for a special exemption pursuant to Article 27 of the EC’s<br />

Sixth VAT Directive, the commission believes that the EU has already<br />

established a precedent for granting such a request.<br />

Adoption of the VAT reform is dependent on a decision of the Swedish<br />

Parliament and the timing of EU approval.<br />

The commission also proposed that a ROT (repair, renovation, extension)<br />

deduction be enacted to encourage households to hire legitimate<br />

businesses. The deduction went into effect in April <strong>2004</strong>.<br />

Putting together a legislative proposal that can work well for everyone<br />

involved has proven very difficult. The latest <strong>report</strong>ed development is the<br />

appointment of a special joint action group – represented by various ministries,<br />

the construction industry and SKV – to design the system.<br />

Taxation on a Standardized Basis<br />

One possible way of discouraging evasion in certain sectors is to adopt<br />

some kind of taxation on a standardized basis for the smallest businesses.<br />

14

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