CJEU – Recent Developments in Direct Taxation 2015

I. S. 192Introduction

The “always-somewhere” or “at least-somewhere” approach/es have been discussed and debated for quite some time now. The principle (or approach) has evolved from the case law of the Court of Justice of the European Union (CJEU). In short it means that a taxpayer may deduct his or her costs somewhere; if this cannot be done in the state of residence it ought to be made possible in the source state. This approach or principle has been discussed both in relation to business taxation and the taxation of individuals. During 2015 the CJEU delivered two cases regarding Swedish tax law, which may shed some light on the scope and applicability of this principle or approach. Firstly, in June 2015 the CJEU delivered its judgment in the Swedish case X AB vSkatteverketon the issue of deductibility of currency losses. Secondly, the day before the conference “Recent and Pending Cases at the Court of Justice of the European Union on Direct Taxation” the Court delivered its judgment in the Hirvonen case as well. None of the Swedish regulations were considered to be an obstacle according to the CJEU.

In Section II below, the case on deductibility of currency losses, X AB v Skatteverket,...