Commercial real estate trading - one term, two developments
The term "commercial real estate trader" in real estate gains tax law is based on the same term used in case law and practice for income tax purposes. The only special feature is that this term must also be applied mutatis mutandis to legal entities in the case of real estate gains tax. The fiscal signs for property gains tax are reversed: while a trader qualification for income tax purposes leads to a massive tax and social security contribution burden, the same qualification for property gains tax purposes only grants tax relief. Unsurprisingly, the same concept has developed in different directions. This article deals with the latest developments, the extent to which they differ in both areas of law and what a publication on the practice can achieve.
Profit allocation between property gains tax and profit tax
In the case of real estate companies, there is an incentive to shift as much profit as possible away from the tax object "real estate profit" and into the sphere of profit tax. Instead of the purchase of the property, the development of the building and the subsequent marketing being handled by a single company, the functions are split between different companies in a group of companies. This article highlights the associated problems of profit shifting and possible solutions.
When does the tax authority treat easements as transactions that are equivalent to a sale of real estate?
The article analyzes the tax treatment of compensation paid in connection with the encumbrance by easements or their deletion. The focus is on the question of whether such transactions are equivalent to a sale and are subject to property gains tax. Legal criteria and practical examples are used to show how these cases are assessed under tax law.
Critical examination of the case law on commercial property dealers
The courts have recently had the opportunity to rule on the issue of commercial property dealers. It has become apparent that the usual criteria, which establish professionalism, are weighted differently. The following paper aims to provide an overview, to describe the weighting of the individual criteria in the case law and to point out possible contradictions. Above all, the paper shows that it is hardly possible to determine which criteria make a private person a professional real estate trader.
Federal Council and Parliament recommend reform of residential property taxation for approval
The Federal Council and Parliament recommend that the creation of a constitutional basis for cantonal property taxes on second homes be adopted on September 28, 2025. The bill is the prerequisite for a comprehensive reform of residential property taxation in Switzerland, which also aims to abolish the imputed rental value.
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.
Taxation of investments in real estate in Switzerland and abroad
Workshop on the occasion of the ISIS) seminar on 10-11 September 2018 entitled "Current Problems of Taxation of Private Investments".
Accrual and deferral of profit and income from real estate held as business and private assets (in particular sale and realisation transactions), taxation of rent and imputed rental value as well as ground rent
ISIS) seminar on 11-12 September 2017 - Accrual and deferral of profit and income from real estate held as business and private assets (in particular sale and realisation transactions), taxation of rent and imputed rental value and of ground rent
