Charitable foundations - explosive tax law issues
Legal entities that meet the respective requirements of Art. 56 lit. e, g and h of the Federal Law on Direct Federal Tax (DBG) generally benefit from a subjective tax exemption. If legal entities are subjectively tax-exempt due to the pursuit of charitable purposes, according to Art. 56 lit. g DBG, the acquisition and management of "significant capital investments in companies" are only permitted under restrictive conditions. The Federal Supreme Court recently had to assess the question under which circumstances the holding of a significant equity interest in an operating company by a charitable foundation precludes a subjective tax exemption.
Zurich change in practice regarding the lump-sum deduction for property maintenance costs
In a recent ruling, the Zurich Administrative Court stated that ancillary costs that are passed on to the tenants according to the effective method are not part of the taxable rental income. As a result, the Cantonal Tax Office has amended its leaflet on property maintenance and stipulates that, contrary to the ruling of the Administrative Court, from the 2020 tax period onwards the flat-rate maintenance costs will only be granted if all ancillary costs, with the exception of heating, hot water and staircase cleaning, are accepted as taxable income.
Publication notice BR Property tax on secondary properties
At its meeting on August 21, 2024, the Federal Council took a position on the introduction of a property tax on secondary properties.
Canton of Zurich - Adjustment of the fact sheets on the deduction of property maintenance costs and energy-saving measures and updating of the Zurich tax booklet
Since the 2020 tax period, there is the new deductibility of deconstruction costs with regard to a replacement new building (section 30 para. 2 StG) and the transferability of expenses for investments that serve to save energy and protect the environment, as well as deconstruction costs with regard to a replacement new building (section 30 para. 2bis StG). These costs are deductible in the two subsequent tax periods insofar as they could not be fully taken into account for tax purposes in the current tax period. The two information sheets were adapted for this purpose:
Circular: List of cantons with different imputed rental values for cantonal taxes and direct federal tax as of tax period 2018
On 9 July 2019, the Federal Tax Administration (FTA) published a circular containing a list of cantons with different imputed rental values for cantonal taxes and direct federal tax as of the 2018 tax period.
Residential property taxation: discussion of the preliminary draft commenced
The Commission for Economic Affairs and Taxation of the Council of States (WAK-S) has accepted without opposition the preliminary draft on the system change in the taxation of home ownership (17,400) and has largely conducted the detailed consultation.
Canton of Zurich: Real estate gains tax
Real estate gains of Zurich companies are now also fully subject to real estate gains tax even if these companies report losses from their business activities in the Canton of Zurich. In contrast, companies outside the canton can offset their business losses against gains on real estate in the canton of Zurich. This unequal treatment is to be eliminated. According to the proposal, on which Zurich voters will vote on 10 June 2018, Zurich companies will also be able to deduct the business loss from the property gains they have made in the Canton of Zurich. This offsetting of business loss against property gain reduces the taxable property gain and thus the property gains tax due. If the business loss is greater than the real estate profit, the real estate profit tax is not applicable at all.
ISIS) seminar folder "Tax aspects of the structuring of real estate assets (2024)"
All documents from the ISIS) seminar "Tax aspects of structuring real estate assets" held on November 12, 2024 under the direction of Peter Mäusli-Allenspach in one PDF document. Case studies, detailed solution notes and slides: Here you will find all documents of the individual workshops according to the following content description.
Imputed rental value, preferential rent, profit costs and other deductions
Workshop by Céline Martin and Ridvan Jetishi at the ISIS) seminar on November 12, 2024 entitled "Imputed rental value, preferential rent, profit costs and other deductions"
