Not every type of activity in Sweden results in tax liability. Find out when a so-called permanent establishment arises. In this article, we explain what a permanent establishment is and when its existence leads to a tax obligation – in line with Swedish regulations and the practice of the Swedish Tax Agency (Skatteverket).
What Is a Permanent Establishment?
Whether your foreign company has a permanent establishment in Sweden is key to determining if you are liable to pay Swedish income tax on the business conducted here.
This applies to sole proprietorships, partnerships, and legal entities alike.
Legal Basis – How Is a Permanent Establishment Defined in Sweden?
Both the Swedish Income Tax Act (Inkomstskattelagen) and international tax treaties (such as the OECD model) define when a foreign business is considered to have a permanent establishment in Sweden.
Importantly – if the country of origin has a double taxation treaty with Sweden, the conditions must be fulfilled under both Swedish law and the treaty.
According to the Income Tax Act, a permanent establishment exists when the company conducts business in Sweden on a continuous basis using a fixed place of business.
How Long Must the Activity Last?
- Generally, business activity is considered “continuous” if it lasts at least 6 months
- For construction and installation projects – 12 months
Permanent Establishment Without an Office? It’s Possible
Your company can be considered to have a permanent establishment even without a physical office in Sweden.
How?
If you operate through a dependent representative (e.g., a local salesperson or agent with authority to sign contracts), this too may create a tax liability as a permanent establishment.
When Do You Need to Register a Company in Sweden?
A company is required to submit a tax registration form (SKV 4632) to the Swedish Tax Agency (Skatteverket) if it:
- Has a permanent establishment in Sweden
- Employs staff in Sweden
- Conducts VAT-liable business in Sweden
The Swedish Tax Agency May Register You As:
- An F-tax payer
- A VAT-registered business
- An employer
You may also be liable for:
- Preliminary income tax payments
- Pension contribution tax
- Yield tax on pension assets
- Property fees
Business via a Branch
If you run a business in Sweden through a branch, it must be registered with the Swedish Companies Registration Office (Bolagsverket). In practice, this typically means a permanent establishment is formed.
What Is a “Fixed Place of Business”?
A permanent establishment refers to a fixed place through which business is conducted. Three criteria must be met:
- There is a physical “business location”
- It is of a permanent nature
- Business activities are carried out from there
Examples of a permanent establishment:
- Company headquarters
- Office or branch
- Factory or workshop
- Warehouse
- Mine, gas or oil source
- Construction or assembly site
- Permanent market stall
- Server used for business purposes
What If You Work from Home?
Working from an apartment can also constitute a permanent establishment if:
- The employee performs duties there regularly and continuously
- The company has not provided another workplace
- There is a real need for such a place of work
Examples: consultant, salesperson, remote employee
Must the Activity Last 6 Months?
Usually, yes – but there are exceptions:
- Seasonal or short-term activity can still form a permanent establishment
- If you return to the same location every year for a few months, this may still result in tax liability
Example: 3 months per year for 3 consecutive years = permanent establishment
What Type of Activity Creates a Permanent Establishment?
The activity must relate to the company’s core business. Common examples include:
- Sales
- Business management
- Research and development
- Manufacturing
What Does Not Create a Permanent Establishment?
Preparatory or auxiliary activities, such as market research or early business negotiations, are not sufficient unless they develop into client contact or sales.
Dependent Representative – When Does It Create a Permanent Establishment?
If someone in Sweden:
- Acts on your company’s behalf
- Has the authority to sign contracts
- Regularly concludes contracts
– this may result in the formation of a permanent establishment.
A low-risk representative (e.g., with only one principal, no independent operations) strengthens the case.
What If They Only Take Orders?
Not every representative arrangement results in a permanent establishment. If the person:
- Merely takes orders
- Provides price information
- Conducts credit assessments
— a permanent establishment does not arise.
But if orders are approved and fulfilled by the company and goods are shipped from a warehouse, that may be sufficient.
Unsure whether your company is subject to tax in Sweden?
Contact us – we’ll help determine whether a permanent establishment exists and how to meet all regulatory requirements without unnecessary stress.









