858.5123 P 34/7

The Chargé in Sweden (Magruder) to the Secretary of State

No. 370

Sir: In reply to the Department’s instruction No. 72, of July 16, 1928, directing the Legation to endeavor to ascertain whether the benefit extended to Americans under the terms of the Royal Decree of May 4, 1928, (No. 105), is limited to the allowance of deductions from their gross income formerly denied them, or whether they may now credit their Swedish income tax with the amount of any income, war-profits or excess-profits taxes paid to another country, I have the honor to report that I am in receipt of a note from the Swedish Ministry for Foreign Affairs replying to this inquiry in the negative, as will be seen from the enclosed copy and translation of the Ministry’s note in question, dated September 3, 1928.

I have [etc.]

Alexander R. Magruder
[Enclosure—Translation]

The Swedish Minister for Foreign Affairs (Löfgren) to the American Minister (Harrison)

Mr. Minister: In a letter, dated August 2, 1928, Mr. Magruder was good enough, by order of his Government, to ask me whether the benefit extended to citizens of the United States domiciled in Sweden, under the terms of Royal Decree of May 4, 1928, (No. 105), is limited to the permission, formerly denied to Americans, to deduct from gross revenue certain sums, or whether it now includes a deduction affecting the taxes payable in Sweden, a deduction corresponding to the sums already expended abroad in payment of certain taxes.

With reference to this letter, I have the honor to inform you that the national treatment extended by the said decree to citizens of the United States domiciled in Sweden does not imply this last right, that which in the event of an affirmative reply would confer a benefit not enjoyed by nationals.

I have the honor to transmit to you, herewith enclosed, a copy of the Royal Decree of July 13, 1926, (No. 380), to which the abovementioned decree refers.

Accept [etc.]

For the Minister:
Erik C: son Boheman

The Director of Political Affairs
[Page 891]
[Subenclosure—Translation]

Swedish Royal Decree No. 380 of July 13, 1926, Regarding the Granting to Citizens of Certain Foreign States of Facilities in Respect of Taxation, etc.

His Majesty’s Government—by virtue of section 1, subsection 2, of the decree of May 22, 1925, (No. 155), setting forth regulations relative to granting in certain cases exemptions from the existing provisions regarding income and capital taxes, etc., in the manner the aforesaid portion of the decree conforms with the decree of May 28, 1926, (No. 132)—has found fit to decree as follows:

In assessing taxes on the income and capital of a citizen of Norway or of the German Reich, who is or should be registered here in the Kingdom, there shall likewise apply that which applies to a Swedish citizen registered here in the Kingdom in respect of:

The right to deduct insurance premiums and other charges, as set forth in section 10 of the order dealing with income and capital taxes and in section 11, subsection 2, 4 (d) of the order dealing with the levying of municipal taxation on real estate and on income;

The computation of the amount taxable through income and capital taxes, as well as the determination of the amount subject to municipal income tax and the minimum subject to taxation under section 18 of the order dealing with income and capital taxes and section 12, subsections 1, 2 and 3 of the order dealing with the levying of municipal taxation on real estate and on income, or under similar special regulations;

Exemption from paying taxes in cases such as are set forth in section 24, subsection 1, of the order dealing with income and capital taxes, in the last paragraph of section 5 and in section 12, subsection 6, of the order dealing with the fixing of tax rates on real estate and on income, as well as in section 7, subsection 1, of the order dealing with the progressive municipal tax; as well as

The obligation to furnish, without a special reminder, information to serve as a guide for one’s assessment (declaration), as set forth in section 2, subsection 1 (b), of the order dealing with tax authorities and taxation procedure.

Insofar as the above-mentioned regulations are applicable to the levying of taxation on an undivided estate of a Swedish citizen registered here in the Kingdom, they shall likewise apply to the levying of taxation on an undivided estate of a person, who, at the time of his death, was a citizen of one of the above-mentioned foreign states and was then or should have been registered here in the Kingdom.

His Majesty’s Government has likewise found fit to decree that the provisions hereinabove set forth in respect of a citizen of Norway or of [Page 892] the German Reich, who is or should be registered here in the Kingdom, shall likewise apply to the levying of taxes on income and capital of a person, who is or should be registered here in the Kingdom and who is a citizen of one of the following states, namely: Esthonia, Japan, China, Latvia, Liberia, Lithuania, the Netherlands, Persia, Poland and Danzig, the Union of Socialistic Soviet Republics, Spain, Great Britain and Northern Ireland, as well as Czechoslovakia.

This Decree shall enter into force on the day following the day it is printed in the Swedish Statutes, in accordance with the announcement thereon, and shall likewise apply to the levying of taxes* for the year 1926, in respect of which levying of taxes the following shall be observed:

1.
The Board of Tax Return Examiners, in conformity with the documents at hand, shall make the necessary modifications in the decisions of the Board of Assessors, as far as the provisions of this Decree give rise therefor.
2.
Whenever, under the provisions of this Decree, a person has been entitled to facilities in respect of taxation but has not been granted such facilities by the Board of Tax Return Examiners, he may appeal within the time and in the manner set forth in section 50 of the order dealing with tax authorities and taxation procedure and in such a case the appellant shall submit the evidence necessary in support of his appeal.

Let all concerned duly comply herewith. In faith whereof, We have signed this with Our own hand and have caused it to be confirmed by Our Royal Seal.

Gustaf

[seal]
N. Gärde

(Ministry of Finance)

  1. See Riksdag Report 1926: 265. [Footnote in the original.]