Kl?n wins tax surcharge case of SEK 493 million
(Thomson Reuters ONE) - Kl?n has won the tax surcharge case of SEK 493m, not only at the CountyAdministrative Court but also now at the Administrative Court of Appeal. According to the judgment, the tax surcharge cannot be imposed since Kl?nwithdrew its request for a deduction.The tax surcharge, which has now once more been declared invalid, was imposed inspring 2006 despite Kl?n having withdrawn its request for reconsideration oftaxation."It is extremely gratifying that the Administrative Court of Appeal also sharesour view that a tax surcharge cannot be imposed in the way done by the TaxAgency. What now remains is for the tax loss carryforward of almost SEK 5billion to be approved by the Administrative Court of Appeal", says Kl?n'sCEO Gustaf Hermelin.The background is that Kl?n asked in December 2003 for the tax assessment for2003 to be reconsidered and openly requested an additional tax loss carryforwardof SEK 4,933m for a loss. This loss related to sale of a subsidiary that tookplace when the company was an IT company.The Tax Agency considered that Kl?n was not entitled to the deduction andmoreover considered imposing a tax surcharge of SEK 493m. For this reasonKl?n withdrew its request for a deduction. Despite the fact that the TaxAgency no longer had any request for a deduction to take a position on, itimposed a tax surcharge. The County Administrative Court earlier consented toKl?n's appeal and quashed the tax surcharge. The Administrative Court ofAppeal has now rejected the Tax Agency's appeal and upheld the judgment of theCounty Administrative Court.The Tax Agency may appeal against the judgment of the Administrative Court ofAppeal to the Supreme Administrative Court. Appeal must be made within twomonths. The court must grant leave to appeal in order for the SupremeAdministrative Court to consider the appeal. If the Tax Agency does not appeal,or if Kl?n also wins at the Supreme Administrative Court, the tax surchargeof SEK 493m will be finally quashed."Our view has been the whole time that it is not possible to impose a taxsurcharge in the way done by the Tax Agency. The judgment of the AdministrativeCourt of Appeal has further confirmed this view", say Kl?n's tax advisorsThomas Andersson, Deloitte and B? Leidhammar, Wistrand advokatbyr?A renewed request for deduction for the loss of SEK 4,933m has been submitted.The Tax Agency and the County Administrative Court have not approved thededuction, although no tax surcharge was imposed. The issue of deduction is atpresent being considered by the Administrative Court of Appeal. This proceedingis separate from the matter of the tax surcharge. The tax surcharge of SEK 493mimposed by the Tax Agency has neither been paid nor expensed.Nyk?g, 10 February 2010Kl?n AB (publ)For further information, please contact:Gustaf Hermelin, CEO, tel +46 155-44 33 10, tel +46 70-560 00 00,gustaf.hermelin(at)klovern.seCaesar ?ors, CFO and Deputy CEO, tel +46 155-44 33 02, +46 70-662 48 48,caesar.afors(at)klovern.seBritt-Marie Einar, Finance and Information Manager, tel +46 155-44 33 12, +4670-224 29 35, britt-marie.einar(at)klovern.seB? Leidhammar, Tax Advisor, Wistrand advokatbyr?tel +46 70-950 72 49Kl?n is a real estate company committed to working closely with customers tomeet their needs of premises and services in Swedish growth regions. Kl?n hasbusiness units in ten cities: Bor? Karlstad, Kista, Link?g, Norrk?g,Nyk?g, T?, Uppsala, V?er?and ?ebro. As at 30 September 2009, the valueof the properties was SEK 12 billion and the rental income on an annual basiswas approximately SEK 1.4 billion. The Kl?n share is listed on Nasdaq OMXNordic Exchange in Stockholm for medium-sized companies.Kl?n AB (publ), Box 1024, SE-611 29 Nyk?g, Sweden. Tel +46 155-44 33 00,Fax +46 155-44 33 22.Corporate registration no. 556482-5833. Registered office: Nyk?g. Website:www.klovern.se[HUG#1382979] Kl?n wins tax surcharge case of SEK 493 million: http://hugin.info/134084/R/1382979/341848.pdf
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Datum: 10.02.2010 - 08:32 Uhr
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