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Swedish Reform to Reduce Informal Work
Conny Svensson (National Compliance Coordinator)
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Background In most countries and also in Sweden there is a serious problem with grey economy in businesses selling goods and services in return for cash payment One condition for a new legislation was the consensus that existed between the relevant trade associations and the Swedish Tax Agency (STA) Together, we pointed out the need for new rules to combat tax evasion and unfair competition in the sector for cash trading
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Our strategic direction
Support and make it easy Combat non compliance and tax fraud Corrections
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Right from the start – real time monitoring
The new focus The old focus Business Bookkeeping Tax return Payment Certified cash registers Staff ledgers Right from the start = early measures
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New powers for the Tax Agency
Cash sector High-risk sector for non-compliance Severe tax losses linked to small businesses; undeclared income and undeclared work Lower incentive for sellers and buyers (consumers) to keep records Measures: Staff ledgers 2007 Cash registers 2010 New powers for the Tax Agency
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Measures in the Cash sector
Staff ledgers Restaurants, Hairdressers and laundries Ledger kept at premises Daily updates Employees in/out Cash registers All cash trade (some exceptions) Register with ”black box” Debit/Credit cards included New powers – field inspections Check cash register and/or ledger Penalty for misuse
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Measures in the construction sector
From 1 January 2016 there have to be electronic staff ledgers (registers) at building sites in Sweden
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The purpose of the legislation
To counter black work and promote sound competition in current industries There need not be any suspicions of crime to apply the legislation
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Staff Ledgers - regísters
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Staff ledger - ”Personal ledger”
All restaurants, hairdressers (2007) and laundries (2013) From 1 January 2016 the construction sector was implemented Mission from the Swedish Government , propose more sectors auto repair food wholesalers beauty care (In april 2017 a draft law will be submitted to the Government)
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Staff Ledger The Ledger can be a book or kept electronic
On daily basis include registration an entry for each employee and when the session ends A person does not have to be paid for will be written into the ledger. It is enough that he is active in the restaurant
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Staff Ledger The ledger must be kept in the business premises and available tor the Tax Agency The ledger should be kept for two years
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Unannounced inspections
Check that everyone working that day are registered in the ledger ID-control Questions to the owner and employees Limited audits
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Staff Ledger - Fines There is a fine of 12 500 SEK (~ € 1250) if
- you don´t have a ledger - the ledger is inadequate - you haven´t kept the old ledger - the ledger is not available at the inspection There is a fine of 2500 SEK (~ € 250) for every person who is not noticed in the ledger It may be a combination of fines above
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Staff Ledger – most common errors
Employees has not registered in the ledger The ledger has not been kept for two years Information in the ledger has been changed People (employees) runs away
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(construction sector not included)
Staff Ledger - Impact (construction sector not included) Based on a effect evaluation in 2010 More than inspections since 2007 Staff Ledger have significant impact on reported salary , mainly in the restaurant sector - 11 % increase of reported wages - about new full time jobs We have discovered unregistered businesses More companies has registered as employers Audits
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Cash Registers First a little about the rules on cash registers.
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Short about Cash Registers
Why do I mention Cash Registers ? - there is a correlation between income and expenses such sa salaries - similar legislation based on unannounced inspections - both type of controls performs simultaneously by STA
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Cash register legislation – 1 Jan 2010
Certified cash registers for all cash trade all traders selling goods and services paid in cash (means both cash and card payment) About registered traders Exceptions General Individual by application Threshold (turnover ~ € ) Notification to the Tax Agency Type of Cash register Physical Address ~ 40 % of all Swedish companies
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Cash register - 3 actors in the process
Customer Trader Tax Agency Cash register used for all transactions Must be offered a receipt Unannounced inspections Some are ”hidden”
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New rights for the Tax Agency
Spot checks (unannounced) The cash register is reported works in Accordance with the law Special measures Count customers Anonymous purchases Receipt control (to observe that customers are offered a receipt) Cash inventory Non-compliance results in fine
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The Customer Should always be offered a receipt
Campaign to increase awareness ”Support Fair Competition -Demand a receipt”
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Measures in the construction sector
- From 1 January 2016 there have to be electronic Staff registers at building sites - The total construction cost must be more than SEK (~ € )
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What does it mean for a developer?
The responsibility for the staff register is primarily by the developer A developer either build under his own management or order the work from a contractor. The work can, for example, involve constructing or modifying buildings, roads or other facilities. Repairs and maintenance are also included
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What does it mean for a developer?
A developer have to report a new building site to the Swedish Tax Agency Also report when the construction work has been completed and if there is any change to the information that was compulsory when he reported the building site E-service to help to report the site. If someone is unable to obtain a Swedish eID, it is even possible to use a form
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What does it mean for a developer?
The developer has to make sure that the necessary equipment to keep an electronic staff register correctly is in place at the building site It must be possible to show the whole staff register if the Swedish Tax Agency will visit the building site for an unannounced check A developer can transfer his obligations to a turnkey contractor through a written agreement
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The Contractors obligations
The contractor have to enter information in the staff register using the equipment acquired by the developer Enter the name and personal identity number or registration number of his own building firm and of everyone working in it on the building site The contractor is also responsible for information being entered continuously about when everyone has started and ended their work each day on which are carrying out activities at the building site
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Fines in the construction sector
SEK (~ € 2 500) if the building site has not been reported to the Swedish Tax Agency SEK (~ €1 250) if the electronical register not been hand held at the site 2 500 SEK (~ € 250) for every not registered person on site
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Key lessons learned Cooperation with trade associations – success factor Staff training – focus on respectful treatment High initial focus to ”secure” the systems
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Thank You !
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